3:25-cv-01823•CHARLEY v. FLORIDA DEPARMENT OF REVENUE et al
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1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION NASHUN DARNELL CHARLEY, Plaintiff, vs. Case No.: 3:25cv1823/TKW/ZCB DAVID BEARDEN, et al., Defendants. ____________________________________/ REPORT AND RECOMMENDATION Plaintiff, proceeding pro se and in forma pauperis, has filed a second amended complaint. (Doc. 7). The Court is statutorily required to screen Plaintiff’s second amended complaint to determine if it is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against an immune defendant. 28 U.S.C. § 1915(e)(2)(B). Having reviewed the second amended complaint, dismissal is warranted for the reasons below. I. The Allegations in the Second Amended Complaint Plaintiff names two Defendants in his second amended complaint: (1) David Bearden, an attorney with the Florida Department of Revenue; and (2) Mark Rubin, a child support hearing officer. (Doc. 7 at 3). Plaintiff alleges on August 13, 2025, he appeared via Zoom for a child Case 3:25-cv-01823-TKW-ZCB Document 8 Filed 11/07/25 Page 1 of 15
2 support hearing. (Id. at 4). Defendant Rubin was the presiding hearing officer. (Id.). During the hearing, Defendant Bearden allegedly told Plaintiff “how bout you take your gold teeth out your mouth and pay your child support.” (Id.). Plaintiff claims this remark was discriminatory and derogatory. (Id.). Plaintiff states he is disabled and was treated unfairly during the hearing. (Id. at 5). Plaintiff alleges Defendant Bearden’s remark caused him emotional distress and embarrassment. (Id.). Plaintiff further alleges the remark violated his rights to fair and equal treatment. (Id.). Plaintiff states that Defendant Rubin failed to reprimand Defendant Bearden for the remark and, therefore, condoned the misconduct. (Id.). Plaintiff also claims Defendant Rubin failed to properly review Plaintiff’s documentation showing he is disabled and unable to work. (Id.). Plaintiff brings three claims in his second amended complaint: (1) an ADA claim under 42 U.S.C. § 12132 against both Defendants; (2) a due process claim under 42 U.S.C. § 1983 against Defendant Rubin; and (3) an equal protection claim under 42 U.S.C. § 1983 against Defendant Bearden. (Doc. 7 at 6). For relief, Plaintiff seeks monetary damages, declaratory and injunctive relief, and costs and attorney’s fees. (Id. at 6- 9). Case 3:25-cv-01823-TKW-ZCB Document 8 Filed 11/07/25 Page 2 of 15
3 II. Legal Standard To survive dismissal at the screening phase, “a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal quotation marks omitted). The plausibility standard is met only where the facts alleged enable “the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. Plausibility means “more than a sheer possibility that a defendant has acted unlawfully.” Id. “Where a complaint pleads facts that are merely consistent with a defendant’s liability, it stops short of the line between possibility and plausibility of entitlement to relief.” Id. (internal quotation marks omitted). III. Discussion A. Defendant Rubin is entitled to quasi-judicial immunity. Plaintiff has sued Defendant Rubin, a child support hearing officer, for actions he allegedly took (or failed to take) in Plaintiff’s child support case. Because Defendant Rubin is entitled to quasi-judicial immunity, Plaintiff’s claims against him must be dismissed. Judges are entitled to absolute immunity for acts taken in their judicial capacities unless they acted “in the clear absence of all Case 3:25-cv-01823-TKW-ZCB Document 8 Filed 11/07/25 Page 3 of 15
4 jurisdiction.” Bolin v. Story, 225 F.3d 1234, 1239 (11th Cir. 2000) (cleaned up). Whether a judge’s actions were made in a judicial capacity depends on whether: (1) the act complained of constituted a normal judicial function; (2) the events occurred in the judge’s chambers or in open court; (3) the controversy involved a case pending before the judge; and (4) the confrontation arose immediately out of a visit to the judge in his judicial capacity. Sibley v. Lando, 437 F.3d 1067, 1070 (11th Cir. 2005). The doctrine of “[a]bsolute quasi-judicial immunity derives from absolute judicial immunity.” Roland v. Phillips, 19 F.3d 552, 555 (11th Cir. 1994). Under that doctrine, individuals are entitled to immunity “when their official duties have an integral relationship with the judicial process.” Id. (cleaned up). But like judges, “these officials must be acting within the scope of their authority.” Id. “When judicial immunity is extended to officials other than judges, it is because their judgments are functionally comparable to those of judges—that is, because they, too, exercise a discretionary judgment as part of their function.” Antoine v. Byers & Anderson, Inc., 508 U.S. 429, 436 (1993) (cleaned up). Here, as part of Defendant Rubin’s official duties, he presided over Plaintiff’s child support hearing. In doing so, he performed a task Case 3:25-cv-01823-TKW-ZCB Document 8 Filed 11/07/25 Page 4 of 15
5 functionally comparable to judges and exercised discretionary authority.1 Thus, when Defendant Rubin presided over the child support hearing, he was “committing judicial acts.” See Lewis v. Castro, 6:24-cv-1608, 2024 WL 5673709, at *3 (M.D. Fla. Sept. 12, 2024) (finding that child support hearing officer was entitled to quasi-judicial immunity); see also Hutcheson v. Campbell, No. 8:23-cv-105, 2023 WL 2352845, at *3-4 (M.D. Fla. Feb. 13, 2023) (same). Moreover, Plaintiff has failed to plausibly allege that Defendant Rubin was acting in the clear absence of all jurisdiction. Dismissal, therefore, is warranted on the grounds of quasi- judicial immunity.2 See Austin v. McCann, No. 22-13157, 2023 WL 3335312, at *2-3 (11th Cir. May 10, 2023) (affirming dismissal of claims against Florida child support hearing officer on immunity grounds). 1 Child support hearing officers in Florida “are appointed by the chief judge of the judicial circuit and are empowered to issue process, administer oaths, require the production of documents, and conduct hearings for the purpose of taking evidence.” Austin v. McCann, No. 22- 13157, 2023 WL 3335312, at *2-3 (11th Cir. May 10, 2023) (cleaned up). 2 This immunity extends to Plaintiff’s request for equitable relief because there is no plausible allegation that Defendant Rubin violated a declaratory decree and there was an available remedy at law—i.e., a state court appeal. See Tarver v. Reynolds, 808 F. App’x 752, 754 (11th Cir. 2020) (recognizing that judicial immunity extends to claims for declaratory and injunctive relief, unless the judicial officer violated a declaratory decree or there is no adequate remedy at law, such as an appeal through the state appellate process). Case 3:25-cv-01823-TKW-ZCB Document 8 Filed 11/07/25 Page 5 of 15
6 B. Sovereign immunity bars Plaintiff’s official capacity claims against Defendant Bearden. In the absence of a State waiver or congressional abrogation, the Eleventh Amendment doctrine of sovereign immunity “bars a damages action against a State in federal court.” Kentucky v. Graham, 473 U.S. 169, 169 (1985). That bar “remains in effect when State officials are sued for damages in their official capacity.” Id. Here, Defendant Bearden is an official with the Florida Department of Revenue. He has been sued in his official capacity for damages. Because “Congress has not abrogated Eleventh Amendment immunity in § 1983 cases, and the State of Florida has not waived sovereign immunity or consented to suit with respect to such actions,” sovereign immunity bars Plaintiff’s official capacity damages action against Defendant Bearden. Driessen v. Univ. of Miami Sch. of Law, 835 F. App’x 489, 492 (11th Cir. 2020). C. Plaintiff has not plausibly alleged an equal protection claim against Defendant Bearden in his individual capacity. Plaintiff brings an individual capacity Fourteenth Amendment equal protection claim against Defendant Bearden. (Doc. 7 at 6). But Plaintiff has not plausibly alleged an equal protection claim. Case 3:25-cv-01823-TKW-ZCB Document 8 Filed 11/07/25 Page 6 of 15
7 The Fourteenth Amendment’s “Equal Protection Clause requires the government to treat similarly situated persons in a similar manner.” Leib v. Hillsborough Cnty. Pub. Transp. Comm’n, 558 F.3d 1301, 1305 (11th Cir. 2009). “To establish an equal protection claim, a [plaintiff] must demonstrate that (1) he is similarly situated to other [individuals] who received more favorable treatment; and (2) the state engaged in invidious discrimination against him based on race, religion, national origin, or some other constitutionally protected basis.” Sweet v. Sec’y, Dep’t of Corr., 467 F.3d 1311, 1318-19 (11th Cir. 2006). A plaintiff must first make a threshold showing that he was treated differently from others who were similarly situated. Nordlinger v. Hahn, 505 U.S. 1, 10 (1992); Hendking v. Smith, 781 F.2d 850, 851 (11th Cir. 1986). “Proof of discriminatory intent or purpose is [also] a necessary prerequisite to any Equal Protection Clause claim.” Corey Airport Servs., Inc. v. Clear Channel Outdoor, Inc., 682 F.3d 1293, 1297 (11th Cir. 2012). The Equal Protection Clause is also implicated in “class of one” claims. Campbell v. Rainbow City, Ala., 434 F.3d 1306, 1314 (11th Cir. 2006). A “class of one” claim does not allege discrimination against a protected class; rather it alleges that the plaintiff “has been intentionally treated differently from others similarly situated and that there is no Case 3:25-cv-01823-TKW-ZCB Document 8 Filed 11/07/25 Page 7 of 15
8 rational basis for the difference in treatment.” Griffin Indus. v. Irvin, 496 F.3d 1189, 1202 (11th Cir. 2007). The same strict “similarly situated” standard applies whether an equal protection claim is brought under a “class of one” theory or a traditional theory of unlawful discrimination. Id. at 1204-05. Indeed, the “similarly situated” requirement must be rigorously applied in the context of “class of one” claims. See Leib v. Hillsborough Cnty. Pub. Transp. Comm’n, 558 F.3d 1301, 1306-07 (11th Cir. 2009). To “apply the similarly situated requirement with rigor” means that the comparators “must be prima facie identical in all relevant respects.” Chabad Chayil, Inc. v. Sch. Bd. of Miami-Dade Cnty., Fla., 48 F.4th 1222, 1233 (11th Cir. 2022) (cleaned up). Plaintiff’s second amended complaint fails to identify any similarly situated comparator as required to support an equal protection claim. Nowhere does Plaintiff point to other individuals who are similarly situated to him and received more favorable treatment. Thus, because Plaintiff fails to allege any comparator, he has not plausibly alleged an equal protection claim. See Griffin Indus., 496 F.3d at 1204-05 (stating that the “similarly situated” requirement applies to both traditional and class of one equal protection claims); see also K.W. v. Lee Cnty. Sch. Bd., 67 F. Supp. 3d 1330, 1339 (M.D. Fla. 2014) (“There are . . . no allegations Case 3:25-cv-01823-TKW-ZCB Document 8 Filed 11/07/25 Page 8 of 15
9 suggesting that the other minor children at Allen Park Elementary School were similarly situated in all relevant respects. Plaintiff must do more than assert that other, unidentified students, were given better treatment.”) (cleaned up). Even if Plaintiff had plausibly alleged a comparator, Plaintiff’s second amended complaint fails to plausibly allege the “discriminatory intent or purpose . . . necessary to any Equal Protection Clause claim[.]”3 Corey Airport, 682 F.3d at 1297. The sole allegation against Defendant Bearden is that he told Plaintiff “how bout you take your gold teeth out your mouth and pay your child support.” (Doc. 7 at 4). Based on this comment, Plaintiff concludes he was discriminated against because of his disability. (Id. at 4-5, 7). Plaintiff’s allegations of intentional or purposeful discrimination, however, are speculative and conclusory. Nowhere in Plaintiff’s second amended complaint does he plausibly allege that Defendant Bearden intentionally discriminated against him 3 Because class of one equal protection claims require a showing of intentionality, Plaintiff’s second amended complaint also fails to plausibly allege such a claim under a class of one theory. See PBT Real Est., LLC v. Town of Palm Beach, 988 F.3d 1274, 1285 (11th Cir. 2021) (“In order to prevail [on a class of one equal protection claim], a plaintiff must show that [he] has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.”) (cleaned up and emphasis added). Case 3:25-cv-01823-TKW-ZCB Document 8 Filed 11/07/25 Page 9 of 15
10 on the basis of disability. The alleged “gold teeth” comment by Defendant Bearden has no apparent connection to Plaintiff’s alleged disability. At bottom, speculation and conclusions of discriminatory intent are all that Plaintiff has included in his second amended complaint. See Mack v. City of High Springs, 486 F. App’x 3, 8 (11th Cir. 2012) (“Indeed, Mr. Mack only alleged in a conclusory manner that he was discriminated against because of his . . . disability. Such conclusory allegations, however, are not sufficient to properly state a claim.”). Because Plaintiff’s second amended complaint fails to plausibly allege that he was intentionally discriminated against because of his disability, Plaintiff fails to state an equal protection claim. D. Plaintiff has not plausibly alleged an individual capacity claim against Defendant Bearden under 42 U.S.C. § 12132. Plaintiff asserts an ADA claim under 42 U.S.C. § 12132 because Defendant Bearden allegedly discriminated against him on the basis of disability. (Doc. 7 at 6). Plaintiff, however, fails to plausibly allege such a claim. “Title II of the ADA . . . forbid[s] discrimination on the basis of disability in the provision of public services.” J.S., III by & through J.S. Jr. v. Houston Cnty. Bd. of Educ., 877 F.3d 979, 985 (11th Cir. 2017) Case 3:25-cv-01823-TKW-ZCB Document 8 Filed 11/07/25 Page 10 of 15
11 “Title II of the ADA provides that ‘no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.’” Id. (quoting 42 U.S.C. § 12132). To state a Title II ADA claim, “a plaintiff must demonstrate (1) that he is a qualified individual with a disability; (2) that he was either excluded from participation in or denied the benefits of a public entity’s services, programs, or activities, or was otherwise discriminated against by the public entity; and (3) that the exclusion, denial of benefit, or discrimination was by reason of the plaintiff’s disability.” Id. (cleaned up). “In the ordinary course, proof of a Title II . . . violation entitles a plaintiff only to injunctive relief.” Silberman v. Miami Dade Transit, 927 F.3d 1123, 1134 (11th Cir. 2019). “To get damages . . . a plaintiff must clear an additional hurdle: he must prove that the entity that he has sued engaged in intentional discrimination, which requires a showing of deliberate indifference.” Id. (cleaned up). “Deliberate indifference . . . is an exacting standard” requiring “proof that the defendant knew that harm to a federally protected right was substantially likely and failed to act on that likelihood.” Id. (cleaned up). Case 3:25-cv-01823-TKW-ZCB Document 8 Filed 11/07/25 Page 11 of 15
12 As an initial matter, Plaintiff has not plausibly alleged that he is an individual with a qualifying disability under the ADA. His claim fails on that basis alone. But even if Plaintiff had plausibly alleged that he is an individual with a qualifying disability, his claim still fails because Plaintiff has not plausibly alleged any exclusion, denial of benefits, or discrimination. The only allegation against Defendant Bearden is that he told Plaintiff “how bout you take your gold teeth out your mouth and pay your child support.” (Doc. 7 at 4). But there is no allegation that Defendant Bearden somehow excluded Plaintiff from, or denied the benefits of, a public entity’s services. And Defendant Bearden’s alleged comment in no way relates to Plaintiff’s disability. The comment is about Plaintiff wearing gold teeth and not paying child support—not Plaintiff’s alleged disability. Because there are no plausible allegations that Defendant Bearden discriminated against Plaintiff because of a qualifying disability, Plaintiff has not stated a plausible claim under 42 U.S.C. § 12132. See Mack v. City of High Springs, 486 F. App’x 3, 7 (11th Cir. 2012) (“Accepting as true the allegations that Mr. Mack is disabled and that he was discriminated against, Mr. Mack failed to allege facts suggesting that the defendants’ actions—providing more favorable Case 3:25-cv-01823-TKW-ZCB Document 8 Filed 11/07/25 Page 12 of 15
13 treatment to his neighbor and responding more favorably and seriously to the complaints made by his neighbor—were due to his disability.”) (emphasis added). E. Leave to amend would be futile. Ordinarily, “a district court must give a pro se party at least one chance to amend the complaint if a more carefully drafted complaint might state a claim.” Hall v. Merola, 67 F.4th 1282, 1295 (11th Cir. 2023) (cleaned up). But the Court need not provide an opportunity to amend where any amendment would be futile. Id. “Leave to amend a complaint is futile when the complaint as amended would still be properly dismissed or be immediately subject to summary judgment for the defendant.” Cockrell v. Sparks, 510 F.3d 1307, 1310 (11th Cir. 2007). As explained above, Defendant Rubin is entitled to quasi-judicial immunity meaning any further attempts to bring claims against him would be futile. See Austin v. McCann, 2023 WL 3335312, at *2-3 (11th Cir. May 10, 2023) (affirming dismissal of claims against Florida child support hearing officer on immunity grounds and stating that because those claims, “even if amended, would still be barred by judicial immunity . . . any amendment would have been futile”). Case 3:25-cv-01823-TKW-ZCB Document 8 Filed 11/07/25 Page 13 of 15
14 With regard to Defendant Bearden, Plaintiff cannot maintain any official capacity claims against him due to sovereign immunity. For his individual capacity claims, Plaintiff’s sole allegation against Defendant Bearden—that he told Plaintiff “how bout you take your gold teeth out your mouth and pay your child support”—simply has no relation to Plaintiff’s disabilities or any plausible assertion of disability discrimination necessary support an equal protection claim or an ADA Title II claim. There is no reason to believe that if given another opportunity to amend that Plaintiff can state a plausible equal protection or ADA Title II claim based on what allegedly happened here. Thus, dismissal without leave to amend is appropriate. IV. Conclusion For the reasons above, it is respectfully RECOMMENDED that: 1. Plaintiff’s second amended complaint (Doc. 7) be DISMISSED under 28 U.S.C. § 1915(e)(2)(B)(ii)-(iii) because it fails to state a claim on which relief may be granted and seeks monetary relief against immune defendants. 2. The Clerk of Court be directed to enter judgment accordingly and close the case. Case 3:25-cv-01823-TKW-ZCB Document 8 Filed 11/07/25 Page 14 of 15
15 At Pensacola, Florida, this 7th day of November 2025. /s/ Zachary C. Bolitho Zachary C. Bolitho United States Magistrate Judge Notice to the Parties Objections to these proposed findings and recommendations must be filed within fourteen days of the date of the Report and Recommendation. Any different deadline that may appear on the electronic docket is for the court’s internal use only and does not control. An objecting party must serve a copy of the objections on all other parties. A party who fails to object to the magistrate judge’s findings or recommendations contained in a report and recommendation waives the right to challenge on appeal the district court’s order based on unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636. Case 3:25-cv-01823-TKW-ZCB Document 8 Filed 11/07/25 Page 15 of 15
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