Scocozzo v. Attorney General of Florida
3:24-cv-01246
M.D. Fla.Mar 11, 2025Background
- Anthony Scocozzo, a pretrial detainee at Baker County Detention Center, filed a pro se Complaint under 42 U.S.C. § 1983 alleging constitutional violations by a Florida statute criminalizing violations of stalking injunctions.
- He challenged the constitutionality of Fla. Stat. § 784.0487(4)(a), asserting violations of his First and Second Amendment rights.
- Scocozzo was previously subject to a temporary injunction for stalking, later dismissed without a hearing, and is facing multiple pending state criminal charges related to threats and stalking.
- He sought injunctive and declaratory relief, including a judgment declaring the statute unconstitutional and an injunction against enforcement.
- The court screened the complaint under the Prison Litigation Reform Act, reviewing for frivolousness and failure to state a claim.
- The court ultimately dismissed the case without prejudice, citing lack of standing, conclusory allegations, and Younger abstention (due to an ongoing state criminal proceeding).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of § 784.0487(4)(a) (stalking injunction statute) | Statute violates his First and Second Amendment rights (travel, firearms) | Statute is valid/enforceable | Dismissed; allegations too vague/conclusory |
| Standing to seek injunctive/declaratory relief | Faces threat of punishment under statute | No imminent or real future injury alleged | No standing; threat of prosecution is speculative/remotely |
| Sufficiency of pleadings under FRCP 8 and PLRA § 1915 | Complaint gives claim notice; seeks constitutional review | Fails to state facts supporting the claim | Dismissed; failed to allege specific facts |
| Federal court intervention in pending state case (Younger) | Federal court should address constitutional question despite state case | Abstention required under comity | Abstention applies; no exceptional circumstances shown |
Key Cases Cited
- Neitzke v. Williams, 490 U.S. 319 (frivolousness standard for in forma pauperis complaints)
- Younger v. Harris, 401 U.S. 37 (abstention doctrine for ongoing state proceedings)
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard—facial plausibility)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading standard—more than labels and conclusions)
- Haines v. Kerner, 404 U.S. 519 (liberal construction of pro se pleadings)