3:25-cv-00973•SCOTT v. BATCHELOR
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Page 1 of 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION JOHN WILLIAM SCOTT, Plaintiff, v. Case No. 3:25cv973-MCR-HTC BEA BATCHELOR, Defendant. ___________________________/ REPORT AND RECOMMENDATION Plaintiff John William Scott, proceeding pro se and in forma pauperis, filed a complaint under 42 U.S.C. § 1983 alleging Defendant Bea Batchelor, acting in her official capacity as an investigator for the Department of Children and Families (“DCF”), violated his Fourth and Fourteenth Amendment rights during the implementation of a child safety plan in a DCF case. Doc. 1. Batchelor moved to dismiss the complaint and after reviewing the complaint (Doc. 1), the motion to dismiss (Doc. 20), Scott’s opposition (Docs. 25 & 26), and the relevant law, the undersigned finds the motion should be GRANTED. This Court lacks jurisdiction over this matter because Scott’s claims against Batchelor are barred by sovereign immunity and also because this case falls under the domestic relations exception to federal jurisdiction. Case 3:25-cv-00973-MCR-HTC Document 27 Filed 03/12/26 Page 1 of 13
Page 2 of 13 Case No. 3:25cv973-MCR-HTC I. BACKGROUND1 On November 6, 2023, DCF case worker Batchelor arrived at Scott’s residence to perform a child welfare investigation. In front of Scott and his two minor children, Batchelor stated, “Perhaps the other (4) DCF investigators failed to communicate the prior investigations because of the injunction that was in place at the time.” Scott told Batchelor there was no injunction between him and his minor children at that time. Scott “believes he stated that not communicating investigations of child neglect violated DCF policy and [Scott’s] civil rights.” To support Batchelor, the “supporting deputy” stated Scott had a history of domestic violence, “which is inaccurate.” Batchelor returned to Scott’s residence on November 8. She told Scott he needed to leave his residence for twenty-four hours because she was implementing a safety plan.2 Scott requested a physical copy of the safety plan from Batchelor and from Okaloosa County Sheriff Deputy Jerry Miller. No one provided a physical copy of the safety plan. Scott gathered 24 hours’ worth of medication and clothing and departed the residence. 1 The undersigned derived the following relevant factual allegations from Scott’s complaint (Doc. 1). 2 Under Florida law, a “safety plan” is defined as “a plan created to control present or impending danger using the least intrusive means appropriate to protect a child when a parent, caregiver, or legal custodian is unavailable, unwilling, or unable to do so.” Fla. Stat. § 39.01(78). Case 3:25-cv-00973-MCR-HTC Document 27 Filed 03/12/26 Page 2 of 13
Page 3 of 13 Case No. 3:25cv973-MCR-HTC On the morning of November 9, a different DCF “Investigator” called Scott and informed him that (1) Batchelor had modified the original safety plan to extend Scott’s time away from his residence for ten calendar days; (2) Scott could not return to his residence without a law enforcement escort; and (3) Batchelor had completed the investigative phase, and “any statements [Scott] made” would be irrelevant to the investigation’s outcome. Scott contacted Batchelor on November 9. Batchelor told Scott he could not return to his residence without law enforcement. Batchelor was aware Scott did not have enough medication with him to keep from returning to the residence. Scott contacted the Okaloosa County Sheriff’s Office and spoke with Deputy Blake. Over the course of two telephone conversations, Blake stated Scott could not request civil standby without a physical copy of the safety plan and that Batchelor either knew or should have known that Scott needed a copy of the safety plan as it is “standard practice of [DCF.]” Scott returned to his residence, where his spouse stated, “Bea told me to call her if you came back and if I didn’t they might take the kids.” Batchelor contacted 911 dispatch and requested a response to Scott’s residence due to “a safety plan breaking down.” When she called 911, Batchelor knew or should have known that the safety plan was not enforceable because of her failure to provide Scott with a copy of the safety plan, despite numerous requests. Case 3:25-cv-00973-MCR-HTC Document 27 Filed 03/12/26 Page 3 of 13
Page 4 of 13 Case No. 3:25cv973-MCR-HTC On November 11, Crystal Martin told Scott that Batchelor had emailed Martin a digital copy of the safety plan on November 9. Martin forwarded the email to Scott for “evidentiary purposes.” Scott emailed a copy of a police report from his spouse’s “2015 DV Battery arrest and conviction.”3 On November 27, Batchelor returned to Scott’s residence with the Okaloosa County Sherrif’s Office. During this visit, Batchelor made several statements on the deputies’ body-worn camera, including: (1) “I got you here for safety, this guy is a real asshole”; (2) “I think you’re barking up the wrong tree, to be honest I think working with us is better than fighting us”; (3) “I mean we followed the playbook, so umm you can pursue whatever your investigation entails but I can tell you that in the long run you’re probably better off just not, but you’re welcome to”; and (4) “We can give you our report at the end of the investigation, um but I don’t think that, I don’t necessarily think that it’s gonna have the info that you want. Um and I mean we are the State, we have a team of lawyers, so I don’t know what you’re thinking is gonna happen, but it’s gonna be, it’s gonna be a lot for you to pursue what you’re thinking of pursuing.” Between November 20, 2022, and October 31, 2023, Scott’s spouse told Scott that Batchelor “had provided Okaloosa County Sheriff’s Office the Inaccurate Background check that was taken from [Scott’s] residence without a warrant.” 3 The complaint does not state to whom Scott emailed the police report. Case 3:25-cv-00973-MCR-HTC Document 27 Filed 03/12/26 Page 4 of 13
Page 5 of 13 Case No. 3:25cv973-MCR-HTC When Scott received Batchelor’s investigative summary for his DCF case, Scott discovered inaccuracies, including one contradicting DCF records. The other inaccuracies included statements Batchelor made, which “negated [Scott’s] status as a domestic violence survivor.” Batchelor also failed to document Scott’s statements to the investigator. When Scott attempted to file a criminal complaint, Okaloosa County’s Sergeant Robert Robinson stated Florida DCF investigators are immune from criminal prosecution. Captain Todd Watkins “supported” Sergeant Robinson, stating “the DCF investigator had not violated any criminal statutes.” Scott telephoned Geanetta Salter, a DCF supervisor of investigation, who stated that Batchelor resigned from DCF for personal reasons, not because of her interactions with Scott or his family. Scott believes Salter also stated that Batchelor followed the playbook. An associate of Scott’s also told him that Batchelor was “super friendly and helpful” while working on a case for her. Scott has emailed and stated verbally in meetings and during incidental interactions, via telephone and formal complaints to the DCF Office of Civil Rights, that Batchelor’s actions were criminal and violated Scott’s civil rights and that he is entitled to relief. However, no relief has been provided. Scott states that because of Batchelor’s actions, he suffered “irreparable emotional and psychological harm.” He brings several claims under the Fourth and Fourteenth Amendments. He alleges Batchelor: (1) conspired to violate his rights Case 3:25-cv-00973-MCR-HTC Document 27 Filed 03/12/26 Page 5 of 13
Page 6 of 13 Case No. 3:25cv973-MCR-HTC under the Fourth and Fourteenth Amendments4; (2) violated his Fourteenth Amendment equal protection rights when she refused to provide a copy of the safety plan; (3) violated his Fourteenth Amendment due process rights when she denied Scott access to his minor children; and (4) violated his Fourth Amendment rights when she called 911 for assistance in implementing a safety plan and when she removed “a legal document” from Scott’s residence. Scott requests a total of $17.5 million in compensatory damages and punitive damages “in the amount the court feels is appropriate.” II. DISCUSSION Batchelor has filed a motion to dismiss on several grounds, including failure to state a claim, Younger abstention, sovereign immunity, and the domestic relations exception.5 As discussed below, the undersigned finds that this Court lacks jurisdiction based on sovereign immunity and the domestic relations exception. 4 As part of this count, Scott also alleges Batchelor violated criminal statutes, including 18 U.S.C. §§ 241 and 242. To the extent Scott is asking the Court to initiate a criminal prosecution, this Court is not a prosecutorial body and cannot refer a case for prosecution. See U.S. ex rel. Stolls v. Martin, 2006 WL 1883439, at *3 (N.D. Fla. July 7, 2006) (noting the “authority to investigate and initiate criminal complaints rests exclusively with federal prosecutors”). 5 Defendant’s motion to dismiss also includes a section arguing the Court should decline supplemental jurisdiction over Scott’s state law claim for intentional infliction of emotional distress. See Doc. 20 at 11. The undersigned does not read Scott’s complaint to allege any state law claims, but even if it did, the undersigned agrees with Defendant. See Raney v. Allstate Ins. Co., 370 F.3d 1086, 1089 (11th Cir. 2004) (encouraging “district courts to dismiss any remaining state claims when … the federal claims have been dismissed prior to trial.”) (citation omitted). Case 3:25-cv-00973-MCR-HTC Document 27 Filed 03/12/26 Page 6 of 13
Page 7 of 13 Case No. 3:25cv973-MCR-HTC Because those findings are dipositive, the Court need not address Batchelor’s other arguments. A. Sovereign Immunity As an initial matter, this Court lacks jurisdiction over this case because the claims against Batchelor are barred by sovereign immunity. Scott sues Batchelor solely in her official capacity for monetary damages.6 Throughout the suit Scott alleges that all conduct taken by Batchelor was in her “official capacity.” A suit against a defendant in her official capacity is effectively a suit against her employer, which, here, is the State of Florida. See Hafer v. Melo, 502 U.S. 21, 25 (1991) (“Suits against state officials in their official capacity … should be treated as suits against the State.”). However, Scott cannot recover damages from the State of Florida because Florida is immune from suits for damages under § 1983. See Jackson v. Ga. Dep’t of Transp., 16 F.3d 1573, 1575 (11th Cir. 1994) (“Under the Eleventh Amendment, state officials sued for damages in their official capacity are immune from suit in federal court.”). The complaint asks for no other type of relief besides damages.7 6 In his response, Scott argues “state employees sued in their individual capacities” are not protected. Doc. 26 at 7. Scott, however, has sued Batchelor only in her official capacity. Regardless, even if he were allowed to amend the complaint to sue Batchelor in her individual capacity, dismissal would nonetheless be appropriate because of the domestic relations exception, infra Section II.B. 7 Scott’s response indicates he “seeks money damages and declaratory relief,” but the complaint seeks only damages. Compare Doc. 26 at 4 with Doc. 1. Even if he sought declaratory relief, Scott is not entitled to a declaratory judgment to adjudicate the legality of past conduct. See Case 3:25-cv-00973-MCR-HTC Document 27 Filed 03/12/26 Page 7 of 13
Page 8 of 13 Case No. 3:25cv973-MCR-HTC Therefore, Defendant Batchelor is immune from suit in her official capacity, and the complaint should be dismissed for lack of jurisdiction. See, e.g., Washington v. Bauer, 149 F. App’x 867, 871 (11th Cir. 2005) (“[T]o the extent the plaintiffs made claims against the DCFS individual defendants and Governor Bush, in their official capacities, the Eleventh Amendment of the Federal Constitution bars such § 1983 claims.”); Sigler v. Bradshaw, 2015 WL 1044175, at *2 (S.D. Fla. Mar. 10, 2015) (“As a state agency, [the Florida] DCF receives the same Eleventh Amendment protection from suit in federal court as the state itself.”). B. Domestic Relations Exception Even if sovereign immunity did not apply to Batchelor, this Court also lacks jurisdiction over this case because it involves child custody matters that fall under the domestic relations exception to federal court jurisdiction. Notably, this Court recently invoked the domestic relations exception to jurisdiction and dismissed a case Scott filed against an employee of the Families First Network, alleging similar—and some of the same—facts as the instant case, including facts involving Batchelor. See Scott v. Shaw, Case No. 3:25cv974-TKW-HTC, at Doc. 16 (N.D. Fla. Dec. 8, 2025) (adopting magistrate judge’s report and recommendation). Hitchcock v. USAA Cas. Ins. Co., No. 6:18-cv-1986-Orl-28EJK, 2020 WL 364600, at *2 (M.D. Fla. Jan. 22, 2020); Regency of Palm Beach, Inc. v. QBE Ins. Corp., No. 08-81442-CIV, 2009 WL 2729954, at *4 (S.D. Fla. Aug. 25, 2009) (“The point of a declaratory judgment is to permit ‘actual controversies to be settled before they ripen into violations of law,’ not to adjudicate past conduct.” (quoting Great Lakes Reinsurance (UK) PLC v. TLU Ltd., 07-61259-Civ, 2008 WL 828122 (S.D. Fla. Mar. 27, 2008)). Case 3:25-cv-00973-MCR-HTC Document 27 Filed 03/12/26 Page 8 of 13
Page 9 of 13 Case No. 3:25cv973-MCR-HTC “The federal judiciary has traditionally abstained from deciding cases concerning domestic relations.” Ingram v. Hayes, 866 F.2d 368, 369 (11th Cir. 1988) (“federal courts generally dismiss cases involving divorce and alimony, child custody, visitation[] rights, establishment of paternity, child support, and enforcement of separation or divorce decrees still subject to state court modification”). The doctrine imposes two limits on federal courts’ power: (1) courts may not issue divorce, alimony, and child custody decrees; and (2) even when subject matter jurisdiction might be proper, courts should abstain from exercising jurisdiction when “sufficient grounds” exist. Alliant Tax Credit 31, Inc. v. Murphy, 924 F.3d 1134, 1146 (11th Cir. 2019). Scott argues in his response that the domestic relations exception does not apply because this is a § 1983 claim “incidentally” touching on family matters. Doc. 26 at 4. The undersigned disagrees. All of Scott’s allegations relate to Batchelor’s investigation in the DCF case and how she implemented and handled the child safety plan. As Scott explains in his opposition8 to the motion, he seeks redress because Batchelor “fabricated or materially altered investigative summaries” later used against him in the State dependency proceedings and manipulated a DCF safety plan 8 Scott’s opposition also includes a “supplemental statement of facts.” Doc. 26 at 2. Scott, however, cannot amend his complaint through an opposing brief. See Lightfoot v. Henry Cnty. Sch. Dist., 771 F.3d 764, 779 (11th Cir. 2014) (“A plaintiff may not amend her complaint through argument in a brief opposing summary judgment.”). Case 3:25-cv-00973-MCR-HTC Document 27 Filed 03/12/26 Page 9 of 13
Page 10 of 13 Case No. 3:25cv973-MCR-HTC to deprive him of access to his minor children. Doc. 26 at 1. He contends Batchelor “repeatedly modified a ‘safety plan’ with no written notice, hearing, or appeal mechanism … stripping [him] of custody and visitation rights.” Doc. 26 at 5. Undoubtedly, the claims Scott raises against Batchelor would require the Court to become enmeshed in disputes regarding Scott’s children—a matter best addressed by the State. Moreover, as Batchelor argues in her motion to dismiss, Scott and his estranged spouse have an extensive litigation history in state court, involving contested proceedings regarding their marriage and their children, including several petitions for protection from domestic violence, petitions for child support and custody, and an ongoing petition for dissolution of marriage.9 Thus, to resolve the allegations Scott raises in this case, including the allegation that there was no injunction in place and that he, rather than his spouse, was a victim of domestic abuse, the Court would necessarily have to “delve into the parties’ domestic affairs.” See Doc. 20 at 5 (quoting Ingram v. Hayes, 866 F.2d 368, 369 (11th Cir. 1988)). 9 See Scott v. Shaw, Case No. 3:25cv974-TKW-HTC, at Doc. 14 (N.D. Fla. Dec. 8, 2025) (detailing the Scotts’ state court proceedings). At least one of the Scotts’ cases is ongoing. See Scott v. Scott, Okaloosa County Case No. 2024 DR 20 C (dissolution with children, filed Jan. 2024, ongoing); Scott v. Scott, Okaloosa County Case No. 2022 DR 3559 CV (Mrs. Scott’s petition for protection against Scott, filed Nov. 2022); Scott v. Scott, Okaloosa County Case No. 2023 DR 2427 (Mrs. Scott’s petition to establish child support, filed June 2023); Scott v. Scott, Okaloosa County Case No. 2024 1657 CV (Scott’s petition for protection against his wife, filed June 2024); Scott v. Scott, Okaloosa County Case No. 2024 DR 2028 (Mrs. Scott’s petition for protection against Scott, filed July 2024). It also appears the state may have commenced a dependency proceeding at some point in 2025, which may also be ongoing. See Okaloosa County Case No. 2025 DP 78. Case 3:25-cv-00973-MCR-HTC Document 27 Filed 03/12/26 Page 10 of 13
Page 11 of 13 Case No. 3:25cv973-MCR-HTC This Court, however, should not decide issues relating to matters involving the Scotts’ marital affairs or the parent-child relationship. See Stone v. Wall, 135 F.3d 1438, 1441 (11th Cir. 1998) (noting that in applying the domestic relations exception, the “main point [is] whether the litigation would mandate an inquiry into the marital or parent-child relationship”) (citation omitted). In sum, this case is not, as Scott argues, “outside the contours” of the domestic relations exception. Doc. 26 at 4. Undermining his own argument, Scott repeatedly lists “denial of … custodial access to his three minor children” in his claims. This Court is, however, powerless to issue child custody decrees. See Powell v. R.R. Ret. Bd., 2023 WL 3731418 (M.D. Ala. May 15, 2023) (noting the domestic relations exception “flatly prohibits a federal court from issuing … child custody decrees”) (internal citation omitted). Thus, “sufficient grounds” exist that warrant the Court’s abstention from exercising jurisdiction. See Alliant Tax Credit, 924 F.3d at 1146. And federal courts have abstained from exercising jurisdiction in similar situations. See e.g., Keys v. Presbyterian Child. Home Servs., 2025 WL 2299482, at *1-2 (E.D. Mo. Aug. 8, 2025) (applying domestic relations exception and dismissing complaint where plaintiff sought damages against defendant for failing to allow plaintiff to see his two sons in accordance with a visitation agreement); see also Dixit v. Singh, 758 F. App’x 766, 768 (11th Cir. 2018) (affirming district court’s application of domestic relations exception where plaintiff sought damages for emotional distress resulting Case 3:25-cv-00973-MCR-HTC Document 27 Filed 03/12/26 Page 11 of 13
Page 12 of 13 Case No. 3:25cv973-MCR-HTC from divorce and child custody proceedings because a “federal court must abstain from hearing claims that mandate inquiry into the marital or parent-child relationship”) (internal quotation and citation omitted).10 III. CONCLUSION Based on the foregoing, the Court should dismiss Scott’s claims against Batchelor for lack of jurisdiction because she enjoys sovereign immunity or, alternatively, it should abstain from hearing Scott’s claims under the domestic relations exception to jurisdiction. Accordingly, it is RECOMMENDED that: 1. Defendant Bea Batchelor’s motion to dismiss (Doc. 20) be GRANTED, and this case be DISMISSED WITHOUT PREJUDICE. 2. The clerk close the file. 10 See also, Ray v. Ill. Dep’t of Children & Family Servs., 2023 WL 8254434, at *1 (E.D. Mo. Nov. 29, 2023) (stating the court lacks “jurisdiction over cases involving divorce and child custody under the domestic-relations exception to federal-court jurisdiction” and “[s]tate courts have exclusive jurisdiction over those matters”); Deaton v. Stephens, 2023 WL 6131452, at *9 (N.D. Ala. Sept. 19, 2023) (finding the domestic relations exception provided a reason for the court to refrain from adjudicating the plaintiffs’ claims because the court “would inevitably be compelled to conduct an inquiry into various aspects of ongoing custody issues”); Guevara v. Padin, 2016 WL 7188783, at *3 (S.D. Fla. Nov. 9, 2016) (“Many courts ‘willingly apply the domestic relations exception to federal questions and constitutional issues involving intra-family disputes’ and ‘decline jurisdiction over federal questions which would deeply involve them in adjudicating domestic affairs.’”) (citation omitted); see also In re Burrus, 136 U.S. 586, 593-94 (1890) (“The whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the states, and not to the laws of the United States.”). Case 3:25-cv-00973-MCR-HTC Document 27 Filed 03/12/26 Page 12 of 13
Page 13 of 13 Case No. 3:25cv973-MCR-HTC At Pensacola, Florida this 12th day of March, 2026. /s/ Hope Thai Cannon HOPE THAI CANNON UNITED STATES MAGISTRATE JUDGE NOTICE TO THE PARTIES Objections to these proposed findings and recommendations must be filed within fourteen (14) 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 its objections upon 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 the unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636. Case 3:25-cv-00973-MCR-HTC Document 27 Filed 03/12/26 Page 13 of 13
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