3:25-cv-02650•ROMAGNANO v. DESANTIS
Gesamter Gesetzestext
1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION CHASE ANDERSON ROMAGNANO, Plaintiff, v. Case No.: 3:25cv2650/MCR/ZCB RONALD DION DESANTIS, Defendant. / REPORT AND RECOMMENDATION Plaintiff, proceeding pro se and in forma pauperis, initiated this case by filing a civil complaint. (Docs. 1, 4). Because Plaintiff is proceeding in forma pauperis (Doc. 4), the Court is statutorily required to review the complaint to determine whether this action is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune. See 28 U.S.C. § 1915(e)(2)(B). Having reviewed the complaint, the Court believes dismissal is warranted for lack of subject matter jurisdiction, failure to state a claim upon which relief may be granted under 28 U.S.C. § Case 3:25-cv-02650-MCR-ZCB Document 5 Filed 02/23/26 Page 1 of 12
2 1915(e)(2)(B)(ii) and because it seeks monetary relief against a defendant who is immune under 28 U.S.C. § 1915(e)(2)(B)(iii).1 I. Background Plaintiff, a frequent litigator in this Court,2 initiated this lawsuit by filing a civil rights complaint against Florida Governor Ron DeSantis. (Doc. 1). Plaintiff alleges that Florida law requires a candidate for the County Clerk and Comptroller for Escambia County to have a minimum number of valid signatures. (Id. at 4). He alleges Pam Childers did not have the required number of minimum signatures to qualify as a candidate in the 2020 County Clerk election in Escambia County. (Id.). Plaintiff argues that Pam Childers should have been disqualified, and that he—as the “sole qualified candidate for Circuit Clerk”—should have been the County Clerk of Escambia County from 2021-2025. (Id.). He complains that the state courts did not “permit [him] to litigate” this 1 Given the deficiencies in the complaint, the Court further believes that providing an opportunity to amend would be futile. 2 See Romagnano v. Childers, Case No. 3:19cv3557/MCR/EMT; Romagnano v. ECAT, Case No. 3:29cv3558/RV/HTC; Romagnano v. CSL Plasma, Case No. 3:19cv3559/RV/EMT; Romagnano v. Pensacola News Journal, Case No. 3:22cv21803/TKW/ZCB; Romagnano v. Byrd, Case No. 3:23cv8294/TKW/HTC; Romagnano v. Childers, Case No. 3:23cv24643/MCR/HTC. Case 3:25-cv-02650-MCR-ZCB Document 5 Filed 02/23/26 Page 2 of 12
3 issue. (Id. at 12). This is Plaintiff’s second time attempting to litigate these issues in this Court. See Romagnano v. Childers, Case No. 3:23cv24643/MCR/HTC (case was dismissed without prejudice for lack of subject matter jurisdiction). Plaintiff claims Defendant violated the following: (1) the “guarantee clause” under Article IV § 4 of the Constitution, which “guarantees” that a state has a republican government; (2) the Fourteenth Amendment by failing to enforce Florida law; and (3) various federal statutes, including 42 U.S.C. § 1985, 18 U.S.C. §§ 241, 242, 595, and 52 U.S.C. § 10307. For relief, Plaintiff seeks compensation for the salary and retirement benefits he believes was entitled to as the rightful County Clerk from 2021-2025. (Id. at 5). II. Statutory Screening 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. Case 3:25-cv-02650-MCR-ZCB Document 5 Filed 02/23/26 Page 3 of 12
4 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). The determination of whether a complaint states a plausible claim for relief is “a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.” Iqbal, 556 U.S. at 679. The Court is “not bound to accept as true a legal conclusion couched as a factual allegation.” Id. at 678 (internal quotation marks omitted). And “bare assertions” that “amount to nothing more than a formulaic recitation of the elements” of a claim “are conclusory and not entitled to be assumed true.” Id. at 681 (internal quotation marks omitted). “While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations.” Id. at 679. Thus, “assertions devoid of further factual enhancement” fail to satisfy the pleading standard under Rule 8. Id. at 678. Case 3:25-cv-02650-MCR-ZCB Document 5 Filed 02/23/26 Page 4 of 12
5 III. Discussion A. The Rooker-Feldman doctrine bars Plaintiff’s claims. Plaintiff admits he already litigated the issues in this case in state court.3 Through this lawsuit, Plaintiff is mounting a federal court challenge to a state court judgment. This is problematic because of the Rooker-Feldman doctrine, which places “limits on the subject matter jurisdiction” of federal courts. Goodman ex rel. Goodman v. Sipos, 259 F.3d 1327, 1332 (11th Cir. 2001). Under that doctrine, “federal district courts have no authority to review final judgments of a state court.” Lozman v. City of Riviera Beach, 713 F.3d 1066, 1069-70 (11th Cir. 2013). The Rooker-Feldman doctrine applies where “state court losers” are “complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments.” Id. “The doctrine extends not 3 Plaintiff states in his complaint, “I want the court to order my compensation for my term as Circuit Clerk of Escambia County from 2021-2025 as was sought in 2025 CA 1076 in The Second Circuit of Florida, County of Leon[.]” (Doc. 1 at 5); see also (id. at 15-17). Plaintiff also admits he attempted to challenge Pam Childers’s election in the First Circuit of Florida. (Id. at 12-13); see also Romagnano v. Childers, 392 So. 3d 112 (1st DCA 2024). Both cases were dismissed and ended before Plaintiff filed his complaint in this case. Case 3:25-cv-02650-MCR-ZCB Document 5 Filed 02/23/26 Page 5 of 12
6 only to constitutional claims presented or adjudicated by a state court, but also to claims that are inextricably intertwined with a state court judgment.” Goodman, 259 F.3d at 1332 (cleaned up). Here, Plaintiff was the loser in prior state court proceedings. Plaintiff is complaining about injuries he has allegedly suffered because of those state court proceedings. He asks this Court to review and reject the state court judgments. And the arguments he makes in this Court are “inextricably intertwined” with the state court judgments. This case, therefore, is covered by the Rooker-Feldman doctrine. As a result, the Court lacks subject matter jurisdiction to provide Plaintiff the relief he seeks. 4 See, e.g., Bedasee v. Fremont Inv. & Loan Co., 741 F. App’x 642 (11th Cir. 2018) (applying the Rooker-Feldman doctrine where “Plaintiffs lost in state court and they now seek a do-over in federal court with the goal of having the district court review and reject the state [] judgment”). 4 While the Rooker-Feldman doctrine does not apply if a party did not have a “reasonable opportunity to raise his federal claim in state proceedings,” Casale v. Tillman, 558 F.3d 1258, 1260 (11th Cir. 2009), there is no indication Plaintiff did not have a reasonable opportunity to bring his federal claims in state court. Case 3:25-cv-02650-MCR-ZCB Document 5 Filed 02/23/26 Page 6 of 12
7 B. Plaintiff fails to state a claim upon which relief may be granted. Even if this Court could entertain Plaintiff’s claims, they would be subject to dismissal for failure to state a claim. Plaintiff purports to bring a claim under (1) Article IV, § 4 of the Constitution, (2) the Fourteenth Amendment, and (3) various federal statutes, including 42 U.S.C. § 1985, 18 U.S.C. §§ 241, 242, 595, and 52 U.S.C. § 10307. None of those claims have merit. Article IV, § 4 guarantees that all states will have a right to a republican form of government. Art. IV, § 4 (cl. 1); Herbert ex rel. E. v. United States, No. 3:07cv776, 2007 WL 2827682, at *2 (M.D. Fla. Sept. 27, 2007). But § 4 of Article IV of the Constitution does not provide a right of action to an individual plaintiff. Risser v. Thompson, 930 F.2d 549, 552 (7th Cir. 1991); Herbert ex rel. E., 2007 WL 2827682, at *2. Accordingly, Plaintiff cannot state a claim for relief under Article IV, § 4 of the Constitution. Plaintiff also alleges Defendant violated the Fourteenth Amendment by failing to enforce state law regarding the required number of minimum signatures for a County Clerk candidate. Plaintiff fails to state a Fourteenth Amendment claim. Not only has Plaintiff Case 3:25-cv-02650-MCR-ZCB Document 5 Filed 02/23/26 Page 7 of 12
8 failed to cite the Florida law he claims was not followed, but he has failed to show that he had a constitutional right to have the state law regarding signatures enforced. Plaintiff has not shown that he had any property or liberty interest in the law being enforced. See Harder v. Hunter, 572 F. App’x 904, 907-908 (11th Cir. 2014) (holding plaintiff to establish a Fourteenth Amendment claim under § 1983 when he did not have a “constitutionally protected property or liberty interest at stake”). Nor has Plaintiff alleged any facts that would support a claim under the Equal Protection Clause. Sweet v. Sec’y, Dep’t of Corr., 467 F.3d 1311, 1318-19 (11th Cir. 2006) (“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.”). Thus, Plaintiff’s conclusory allegations fail to state a Fourteenth Amendment claim. Plaintiff’s claim under 42 U.S.C. § 1985 also fails. A claim for conspiracy to interfere with civil rights under § 1985(3) requires factual allegations showing: (1) the existence of a conspiracy; (2) for the purpose Case 3:25-cv-02650-MCR-ZCB Document 5 Filed 02/23/26 Page 8 of 12
9 of depriving a person of equal protection under the law; (3) an act in furtherance of the conspiracy; and (4) a resultant injury or deprivation of a constitutional right. Griffin v. Breckenridge, 403 U.S. 88, 102-03 (1971). The second element of a § 1985(3) claim requires proof that a conspirator’s action was motivated by a “class-based, invidiously discriminatory animus.” Id. at 102. Plaintiff has failed to show the violation of any constitutional right or that any such action was motivated by a “class-based, invidiously discriminatory animus.” Id. As for Plaintiff’s claim under 52 U.S.C. § 10307, Plaintiff fails to allege any facts supporting such a claim. Section 10307 lists several prohibited acts when voting. Plaintiff’s claims are not about voting, but rather who was appropriately on the ballot. Moreover, Plaintiff does not identify what subsection of § 10307 he sues under, and not all subsections provide a private right of action. The remaining statutes Plaintiff cites are criminal statutes that do not provide a private right of action. See Stoll v. Martin, No. 3:06cv180 LAC/EMT, 2006 WL 2024387, at *2 (N.D. Fla. July 17, 2006) (“Plaintiff’s complaint fails to state a claim upon which relief can be granted under the criminal statutes 18 U.S.C. §§ 241 and 242, because a private citizen Case 3:25-cv-02650-MCR-ZCB Document 5 Filed 02/23/26 Page 9 of 12
10 cannot initiate a federal criminal prosecution and because these statutes do not provide a private right of action for damages.”); see also Laster v. Raffensperger, No. 1:24cv5434, 2024 WL 5277390, at *3 (N.D. Ga. Dec. 9, 2024) (no private right of action under 18 U.S.C. § 595). C. The Eleventh Amendment bars Plaintiff’s suit for monetary damages against Defendant. In his complaint, Plaintiff says that he is suing Defendant DeSantis in his official capacity for money damages. (Doc. 1 at 2, 5). The doctrine of Eleventh Amendment sovereign immunity bars damages actions against state officers sued in their official capacity, unless the state has waived its sovereign immunity or Congress has properly abrogated it. Kentucky v. Graham, 473 U.S. 159, 169 (1985). The State of Florida has not waived its sovereign immunity for § 1983 claims, nor has Congress abrogated it. Zatler v. Wainwright, 802 F.2d 397, 400 (1986). Plaintiff, therefore, cannot maintain an official capacity damages action under § 1983 against Defendant.5 5 While Plaintiff claims in other parts of his complaint that he is suing Defendant DeSantis under the Ex Parte Young doctrine, the doctrine does not apply in Plaintiff’s case. (Doc. 1 at 5). The “Ex parte Young doctrine permits federal courts to entertain suits against state officers seeking prospective equitable relief to end continuing violations of federal law.” Cichowski v. Totten, No. 24-10195, 2024 WL 2182487, at *3 (11th Case 3:25-cv-02650-MCR-ZCB Document 5 Filed 02/23/26 Page 10 of 12
11 D. Allowing Plaintiff an opportunity to amend would be futile. Given the issues with Plaintiff’s complaint noted above, allowing Plaintiff another opportunity to amend his complaint would be futile. See Cavero v. One West Bank FSB, 617 F. App’x 928, 930-31 (11th Cir. 2015) (holding the district court did not abuse its discretion by denying the plaintiffs leave to amend when amendment would have been futile because of the Rooker-Feldman doctrine). IV. Conclusion For the reasons above, it is respectfully RECOMMENDED that: 1. Plaintiff’s complaint (Doc. 1) be DISMISSED for lack of subject matter jurisdiction, failure to state a claim upon which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii), and for seeking monetary relief against a defendant who is immune under 28 U.S.C. § 1915(e)(2)(B)(iii). Cir. May 15, 2024) (cleaned up). This exception, however, “applies only to prospective relief against state officers.” Id. Plaintiff’s complaint, however, does not seek any prospective relief. Rather, Plaintiff’s complaint seeks monetary damages for lost salary and retirement benefits from the County Clerk position from 2021-2025. The Ex Parte Young doctrine, therefore, does not apply. Case 3:25-cv-02650-MCR-ZCB Document 5 Filed 02/23/26 Page 11 of 12
12 2. The Clerk of Court be directed to close this case. At Pensacola, Florida, this 23rd day of February 2026. /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-02650-MCR-ZCB Document 5 Filed 02/23/26 Page 12 of 12
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