JEREMY BRIAN BRUMBAUGH
v.
KATHLEEN FITZGEORGE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A public defender is not a state actor for purposes of a § 1983 claim, and federal courts must abstain from interfering in ongoing state criminal proceedings.
[1] State-appointed public defenders are not state actors subject to liability under 42 U.S.C. …
[2] Federal courts must abstain from interfering in pending state criminal proceedings under the Younger doctrine absent exceptional circumstances.
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Federal Courts are not intended as a 'pre-trial motion forum for state prisoners.'”
Explaining why federal courts must abstain from interfering in pending state criminal proceedings.
Plaintiff, a pretrial detainee, sued his public defender under 42 U.S.C. § 1983, alleging inadequate legal representation. The plaintiff sought to pro…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse In Forma Pauperis Review cases and more on FLexlaw
Before the Court is Plaintiff Jeremy Brian Brumbaugh's Complaint (Doc. 1). Brumbaugh, a pretrial detainee in Lee County Jail, is a defendant in a pending state criminal case, and he sues his public defender under 42 U.S.C. § 1983. Brumbaugh seeks to proceed in forma pauperis, so the Court must review the Complaint sua sponte to determine whether it is frivolous or malicious, fails to state a claim, or seeks monetary damages against a party who is immune from such relief. See 28 U.S.C. 1915(e)(2).
To state a § 1983 claim, Brumbaugh “must allege that a person acting under color of state law deprived him of a federal right.” McIndoo v. Broward Cnty., 750 F. App’x 816, 819 (11th Cir. 2018). Brumbaugh alleges public defender Kathleen Fitzgeorge is not providing him adequate legal representation. State-appointed attorneys are not state actors under § 1983.
Id. at 820 (citing Vermont v. Brillon, 556 U.S. 81 (2009)). Because Fitzgeorge is not a state actor, Brumbaugh cannot sue her under § 1983.
Also, while Brumbaugh does not request a particular remedy, he seemingly asks the Court to intervene in his state criminal case. Federal Courts are not intended as a “pre-trial motion forum for state prisoners." Braden v. 30th Judicial Circuit Court of Ky., 410 U.S. 484, 493 (1973). Further, principles of equity, comity, and federalism require the Court to abstain from interfering in state criminal proceedings. See Younger v. Harris, 401 U.S. 37, 45 (1971). Brumbaugh provides no reason for this Court to overlook the abstention principle. Nor does he allege any facts that warrant application of any exception to the Younger doctrine.
The state criminal court is the proper place to raise concerns about his legal representation. If Brumbaugh is convicted, he may collaterally attack any resulting incarceration by filing a petition for a writ of habeas corpus after exhausting his claims in state court. But his dissatisfaction with the public defender cannot support a § 1983 claim. The Court will dismiss this action, and because amendment would be futile, close the case.
Accordingly, it is now
ORDERED:
Plaintiff Jeremy Brian Brumbaugh's Complaint (Doc. 1) is DISMISSED.
The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case.
DONE and ORDERED in Fort Myers, Florida on November 12, 2025.
Sheri Polster Rappell
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
SA: FTMP-1 Copies: All Parties of Record
3
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Younger v. Harris, 401 U.S. 37 (U.S. 1971)
- Braden v. 30TH Jud. Cir. Court OF Ky., 410 U.S. 484 (U.S. 1973)
- Vermont v. Brillon, 556 U.S. 81 (U.S. 2009)