Robert James Schornik III v. Lee County Jail et al.

Summary

The United States District Court for the Middle District of Florida dismissed without prejudice Robert James Schornik III’s amended 42 U.S.C. § 1983 complaint. The court held that claims concerning his pending state criminal proceedings were barred by Younger abstention and that alleged verbal threats by a jail officer did not state a constitutional claim; Schornik was granted 14 days to file a second amended complaint addressing any viable claims against jail officials.

Holdings

1. The district court abstained from interfering with Schornik's pending state criminal case under Younger principles and held that his claims concerning the arraignment and sentencing point sheet could not support a § 1983 claim in this action.
2. The allegation that Officer Heine threatened to slap Schornik, without an accompanying physical assault or other actionable conduct, failed to state a constitutional claim.
3. The amended complaint was dismissed without prejudice for failure to state a claim, but Schornik was permitted to file a second amended complaint within 14 days concerning potentially viable constitutional claims against jail officials.

Questions Presented

1. Whether the district court could entertain § 1983 claims challenging Schornik's pending state criminal proceedings.
2. Whether an alleged threat of verbal abuse by a jail officer, without more, stated a constitutional claim under § 1983.
3. Whether the amended complaint should be dismissed under the in forma pauperis screening statute and whether leave to amend should be granted.

Disposition

dismissed