Ho, who is housed at Pinellas County Jail while awaiting federal trial, sued Sheriff Bob Gualtieri and three clinical supervisors after jail staff allegedly refused to provide Cosentyx or equivalent medication for his chronic psoriatic arthritis. Ho alleged that since entering the jail in November 2025, he has experienced joint swelling, pain, and skin flares that make basic movements like gripping and walking difficult. He claimed that despite numerous requests, jail nurses determined his condition was not significant without reviewing medical records.
Judge Mizelle ruled that Ho failed to meet the standards for deliberate indifference to serious medical needs, which requires showing defendants had "subjective knowledge of a risk of serious harm" and "disregarded that risk" through conduct amounting to "subjective recklessness." The judge noted that while Ho's psoriatic arthritis constitutes a serious medical need, "his vague allegations that his requests for medication have been denied are insufficient to show that any Defendant disregarded his or her subjective knowledge of a risk of serious harm."
The court also dismissed Ho's supervisory liability claims against Sheriff Gualtieri and the three clinical supervisors, finding Ho failed to allege specific facts showing they personally participated in the alleged violations. Additionally, Judge Mizelle dismissed Ho's official capacity claims for failure to allege that any policy or custom of Pinellas County was the "moving force" behind the constitutional violations.
Ho has until April 30, 2026, to file a second amended complaint that addresses the court's concerns by alleging specific facts showing how each defendant is responsible for the alleged constitutional violations. If Ho fails to meet the deadline, the dismissal will become a final judgment and the district court will lose jurisdiction to grant extensions.