3:25-cv-02612•HOKAMA v. DAVIS et al
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1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION STEPHANIE HOKAMA, Plaintiff, vs. Case No.: 3:25cv2612/TKW/ZCB TONYA DAVIS, et al., Defendants. ___________________________________/ REPORT AND RECOMMENDATION Plaintiff, proceeding pro se and in forma pauperis, initiated this case by filing a complaint. (Docs. 1, 8). The Court informed Plaintiff of deficiencies in her initial complaint and instructed her to file an amended complaint. (Doc. 10). Plaintiff has now filed an amended complaint. (Doc. 13). Because Plaintiff is proceeding in forma pauperis (Doc. 8), the Court must review the amended 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 amended complaint, the Court believes dismissal is warranted for failure to state a claim upon Case 3:25-cv-02612-TKW-ZCB Document 15 Filed 03/16/26 Page 1 of 11
2 which relief may be granted and because it seeks monetary relief against defendants who are immune under 28 U.S.C. § 1915(e)(2)(B)(ii) and (iii).1 I. Plaintiff’s Allegations2 Plaintiff brings this lawsuit against numerous state officials who were involved in the removal of her minor children from her custody. (Doc. 13). The defendants include two state court judges, several Department of Children and Family and Families First Network officials, and her children’s guardian ad litem. This is the third case Plaintiff has filed in this Court regarding the removal of her children and state dependency proceedings. See Hokama v. Williams, Case No. 3:25cv460/MCR/HTC (dismissing claims without prejudice at screening stage); Hokama v. Fla. Dep’t of Children & Families, Case No. 3:25cv542/MCR/HTC (dismissing case without prejudice because it was 1 As previously mentioned, Plaintiff was given an opportunity to amend her complaint when a prior version was found deficient. (Doc. 10). Although Plaintiff has filed an amended complaint, it is also deficient. Thus, dismissal is warranted. See Corsello v. Lincare, Inc., 428 F.3d 1008, 1014 (11th Cir. 2005) (stating that “[o]rdinarily, a party must be given at least one opportunity to amend before the district court dismisses the complaint”). 2 Since this case is at the pleading stage, the Court assumes the truth of Plaintiff’s allegations. DeVillier v. Texas, 601 U.S. 285, 288 n.1 (2024). And because Plaintiff is proceeding pro se, the Court “liberally construe[s] his pleadings.” Roy v. Ivy, 53 F.4th 1338, 1346 (11th Cir. 2022). Case 3:25-cv-02612-TKW-ZCB Document 15 Filed 03/16/26 Page 2 of 11
3 duplicative). Plaintiff brings claims for unreasonable seizure under the Fourth Amendment, procedural due process violations under the Fourteenth Amendment, state-created danger/conditions of confinement under the Fourteenth Amendment on behalf of her children, and a claim under the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation Act. (Doc. 13 at 16-20). She seeks monetary damages and injunctive relief. (Id.). II. Statutory Screening Standard To survive dismissal at the screening stage, “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) (cleaned up). 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 Case 3:25-cv-02612-TKW-ZCB Document 15 Filed 03/16/26 Page 3 of 11
4 omitted). “While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations.” Id. at 679. III. Discussion A. Plaintiff’s Fourth and Fourteenth Amendment claims are barred by the Rooker-Feldman doctrine. The crux of Plaintiff’s complaint is her displeasure with the outcome of her state court dependency proceedings. As Plaintiff was previously told (Doc. 14 at 2), the Rooker-Feldman doctrine prohibits federal courts from exercising jurisdiction over a complaint “brought by state-court losers 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.” Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005). The doctrine applies where “the source of the plaintiff’s injury is the state court-judgment itself.” Efron v. Candelario, 110 F.4th 1229, 1236 (11th Cir. 2024). “The doctrine extends not 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 ex rel. Goodman v. Sipos, 259 F.3d 1327, 1332 (11th Cir. 2001) (cleaned up). Moreover, the doctrine applies “whether the plaintiff admits to filing a Case 3:25-cv-02612-TKW-ZCB Document 15 Filed 03/16/26 Page 4 of 11
5 direct appeal of the judgment or tries to call the appeal something else.” Behr v. Campbell, 4 F.4th 1206, 1211 (11th Cir. 2021) (citations omitted). Here, Plaintiff was the loser in prior state court dependency proceedings. Now, Plaintiff is complaining of injuries she has allegedly suffered because of those state court proceedings.3 Although she tries to disclaim that she is appealing the state court judgments, she asks this Court to review and reject the state court judgments. And the arguments she 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 she seeks. 4 B. Absolute judicial immunity bars Plaintiff’s claims against Defendants Williams and Harris. Judges are entitled to absolute judicial immunity for acts taken in 3 To the extent Plaintiff requests this Court interfere with ongoing state court dependency proceedings, her claims are barred by the Younger abstention doctrine. (Doc. 10 at 6-8) (explaining why Plaintiff’s claims are barred by Younger to the extent the state court proceedings are ongoing). 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), Plaintiff has made nothing but conclusory allegations that she did not have a reasonable opportunity to bring her federal claims in state court. Case 3:25-cv-02612-TKW-ZCB Document 15 Filed 03/16/26 Page 5 of 11
6 their judicial capacities unless they acted “in the clear absence of all jurisdiction.” Bolin v. Story, 225 F.3d 1234, 1239 (11th Cir. 2000) (cleaned up). Whether a judge’s actions were made while acting 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). Here, “[t]he conduct of which [P]laintiff complains”—Defendants presiding over, and making decisions in, the child dependency proceedings in state court—“is a function normally performed by a judge.”5 Clark v. Duncan, No. 3:17cv428, 2017 WL 3758980, at *2 (N.D. Fla. Aug. 4, 2017), adopted, 2017 WL 3749835 (N.D. Fla. Aug. 30, 2017). 5 See Fla. Stat. § 39.013(2) (“The circuit court has exclusive original jurisdiction of all proceedings under this chapter, of a child voluntarily placed with a licensed child-caring agency, a licensed child-placing agency, or the department, and of the adoption of children whose parental rights have been terminated under this chapter. Jurisdiction attaches when the initial shelter petition, dependency petition, or termination of parental rights petition, or a petition for an injunction to prevent child abuse issued pursuant to s. 39.504, is filed or when a child is taken into the custody of the department.”). Case 3:25-cv-02612-TKW-ZCB Document 15 Filed 03/16/26 Page 6 of 11
7 And Plaintiff has failed to plausibly allege that Defendants were acting in the clear absence of all jurisdiction. “Alongside judicial immunity from damages, judges also receive protection from declaratory and injunctive relief.” Tarver v. Reynolds, 808 F. App’x 752, 754 (11th Cir. 2020). “To receive declaratory or injunctive relief against a judicial officer under Section 1983, the judicial officer must have violated a declaratory decree or declaratory relief must otherwise be unavailable.” Id. Additionally, “there must also be an absence of an adequate remedy at law.” Id. (cleaned up). “A state appellate process is an adequate remedy at law.” Id. In addition to monetary relief, “declaratory and injunctive relief is also improper because there is no suggestion that [Defendants] violated a declaratory decree, and because [Plaintiff] has an adequate remedy at law: appeal through the state-court system.” Id. at 755. Accordingly, Plaintiff is not entitled to injunctive relief against Defendants Williams or Harris. C. Plaintiff cannot bring claims on her children’s behalf. Plaintiff alleges Defendants violated her children’s Fourteenth Amendment rights. (Doc. 13 at 19). As a pro se litigant, Plaintiff cannot Case 3:25-cv-02612-TKW-ZCB Document 15 Filed 03/16/26 Page 7 of 11
8 bring claims on behalf of her minor children. See Whitehurst v. Wal-Mart, 306 F. App’x 446, 449 (11th Cir. 2008) (explaining that “a non-lawyer parent has no right to represent a child in an action in the child’s name”); see also L.R. v. Leon Cnty. Sch. Dist., No. 4:18cv72, 2019 WL 1177996, at *7 (N.D. Fla. Feb. 14, 2019) (stating that a “pro se parent does not have the legal right or authority to sue on behalf of a minor child because a non-attorney cannot act as legal counsel for another person”). D. Plaintiff fails to state an ADA/Rehabilitation Act claim. Plaintiff alleges Defendants violated Title II of the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation Act. To state a claim under Title II of the ADA and § 504 of the Rehabilitation Act, a plaintiff must plausibly allege “(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.” Bircoll v. Miami-Dade Cnty., 480 F.3d 1072, 1083 (11th Cir. 2007); see also Ellis v. England, 432 F.3d 1321, 1326 (11th Cir. 2005) (listing the elements of a claim under the Rehabilitation Act). Case 3:25-cv-02612-TKW-ZCB Document 15 Filed 03/16/26 Page 8 of 11
9 Plaintiff provides nothing but conclusory allegations in support of her ADA and § 504 claims. For example, Plaintiff claims only that she has “mental and cognitive disabilities” but does not provide any other detail about her claimed disabilities. (Doc. 13 at 10). She complains that Defendant Webb “ignored disability accommodation requests” (Doc. 13 at 4-5) and that Defendant Sigler “refused ADA-appropriate accommodations,” but she never describes what those accommodation requests were. And Plaintiff provides nothing but conclusory allegations that Defendants discriminated against her based on her disability. Plaintiff also fails to specify which Defendants her ADA and § 504 claims are brought against. She simply alleges that “Defendants DCF, FFN, and GAL staff failed to provide reasonable accommodations, ignored disability-related needs, and used bias-based investigative methods and retaliated when Plaintiff sought compliance.” (Doc. 13 at 19-20). Accordingly, her ADA and § 504 claims warrant dismissal. 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 Case 3:25-cv-02612-TKW-ZCB Document 15 Filed 03/16/26 Page 9 of 11
10 defendants’ actions . . . were due to his disability.”) (emphasis added); see also Petrano v. Labarga, 709 F. App’x 590, 592 (11th Cir. 2017) (affirming dismissal of ADA claims because plaintiffs’ allegations were “vague and conclusory”). IV. Conclusion For the reasons above, it is respectfully RECOMMENDED that: 1. Plaintiff’s complaint be DISMISSED under 28 U.S.C. § 1915(e)(2)(B)(ii) and (iii) for failure to state a claim on which relief may be granted and because it seeks monetary relief against defendants who are immune. 2. The Clerk of Court be directed to close this case. At Pensacola, Florida this 16th day of March 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 this 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 Case 3:25-cv-02612-TKW-ZCB Document 15 Filed 03/16/26 Page 10 of 11
11 unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636. Case 3:25-cv-02612-TKW-ZCB Document 15 Filed 03/16/26 Page 11 of 11
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