Werling v. Mazur
2:25-cv-00244
E.D. Wis.May 30, 2025Background
- Nicholas Scott Werling is suing FBI agent Sarah Joy Mazur and the FBI in federal court, alleging violations of his constitutional rights and the Stored Communications Act (SCA).
- Werling claims Mazur falsely represented an emergency to Meta (Facebook/Instagram), causing Meta to disclose his private messages without a warrant or probable cause, which the FBI then used in a pending state firearms criminal proceeding against him in Wisconsin.
- Werling brings three claims: (1) a Fourth Amendment unlawful search (under Bivens), (2) a statutory claim under the SCA, and (3) a Brady due process claim for allegedly withheld exculpatory evidence.
- The court granted Werling’s request to proceed in forma pauperis, finding him indigent and his claims non-frivolous.
- Despite this, the court found that the federal case must be stayed under the Younger v. Harris doctrine because Werling’s related state criminal trial is ongoing; proceeding now might undermine the state proceeding or create conflicting determinations.
- The court administratively closed the case, allowing Werling to reopen it after the state case concludes, while warning that some claims might later be barred under Heck v. Humphrey if Werling is convicted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fourth Amendment - Unlawful Search | Mazur and the FBI obtained private messages without a warrant or probable cause, violating the Fourth Amendment | Not addressed at this stage | Claim non-frivolous, but stayed under Younger due to pending state case |
| SCA Violation | FBI, by misusing emergency provision in SCA, illegally obtained his messages | Not addressed at this stage | Claim colorable, but stayed under Younger and possibly subject to further procedural requirements |
| Brady Due Process Violation | FBI failed to disclose exculpatory communications with Meta needed for defense in state case | Not addressed at this stage | Claim survives screening, but stayed under Younger |
| In Forma Pauperis | Werling is indigent and cannot pay filing fees | N/A | IFP status granted |
Key Cases Cited
- Younger v. Harris, 401 U.S. 37 (federal courts must abstain from interfering with ongoing state criminal proceedings)
- Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (permits damages actions for certain constitutional violations by federal agents)
- Brady v. Maryland, 373 U.S. 83 (government must disclose exculpatory evidence in criminal prosecutions)
- Heck v. Humphrey, 512 U.S. 477 (civil suits that imply invalidity of a conviction are barred unless conviction is overturned)
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard for plausibility)