Courtney Innocenti v. Eric Miller
CourtCourt of Appeals for the Third Circuit
Date FiledNovember 6, 2026
Docket26-1602
StatusUnpublished
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Full Opinion
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 26-1602
__________
COURTNEY INNOCENTI f/k/a COURTNEY MILLER,
Appellant
v.
ERIC MILLER;
LUZERNE COUNTY;
JOHN DOE AND JANE DOE COUNTY OFFICIALS
____________________________________
On Appeal from the United States District Court
for the Middle District of Pennsylvania
(D.C. Civil Action No. 3:25-cv-01454)
District Judge: Honorable Joseph F. Saporito
____________________________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
October 19, 2026
Before: KRAUSE, RESTREPO, and PORTER, Circuit Judges
(Opinion filed: November 6, 2026)
___________
OPINION *
___________
PER CURIAM
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
Courtney Miller appeals from the District Court’s order dismissing her third
amended complaint. We will affirm.
I.
Miller filed her operative complaint in the Middle District of Pennsylvania
pursuant to 42 U.S.C. § 1983. In her suit, she brought claims against Luzerne County,
unnamed Luzerne County officials, and her ex-husband, Eric Miller, related to issues
involving spousal support, child custody, and child abuse allegations. Miller also filed
emergency motions for a temporary restraining order (“TRO”), and a motion to recuse
the District Court Judge. After the District Court denied her motion for recusal, a
Magistrate Judge screened her complaint under 28 U.S.C. § 1915(e). The Magistrate
Judge recommended dismissing her complaint for failure to state a claim and abstaining
from ruling on her procedural due process claims under Younger v. Harris. 401 U.S. 37
(1971). Over Miller’s objections, the District Court adopted the Report and
Recommendation and dismissed Miller’s complaint and motions for an emergency TRO.
Miller timely appealed.
II.
We have jurisdiction pursuant to 28 U.S.C. § 1291. Our review of the District
Court’s sua sponte dismissal of Miller’s complaint for failure to state a claim is plenary.
See Allah v. Seiverling, 229 F.3d 220, 223 (3d Cir. 2000). In conducting that review, we
accept the factual allegations in Miller’s complaint as true and construe those facts in the
light most favorable to her. Newark Cab Ass’n v. City of Newark, 901 F.3d 146, 151 (3d
Cir. 2018). We review the denial of leave to amend for abuse of discretion. Dooley v.
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Wetzel, 957 F.3d 366, 376 (3d Cir. 2020). Because Miller is proceeding pro se, we
construe her filings liberally. See Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per
curiam). However, pro se litigants still “must abide by the same rules that apply to all
other litigants.” Mala v. Crown Bay Marina, Inc., 704 F.3d 239, 245 (3d Cir. 2013). We
may summarily affirm if an appeal fails to present a substantial question. See 3d Cir.
L.A.R. 27.4; I.O.P. 10.6.
III.
The District Court did not err in holding that Miller failed to state a state-created
danger claim. On appeal, Miller alleges that the District Court erred in construing her
claim as solely alleging government inaction. To the extent that Miller claimed County
officials failed to protect her or her child from her ex-husband, the Due Process Clause
generally does not impose upon the state an affirmative duty to protect its citizens from
harms caused by private actors. See DeShaney v. Winnebago Cty. Dep’t of Soc. Servs.,
489 U.S. 189, 195 (1989). And the “state-created danger” exception does not apply here,
because Miller did not allege any affirmative action that made her more vulnerable to
danger from private actors. See Bright v. Westmoreland County, 443 F.3d 276, 281 (3d
Cir. 2006) (explaining that an essential element of a state-created danger claim is that “a
state actor affirmatively used his or her authority in a way that created a danger to the
citizen or that rendered the citizen more vulnerable to danger than had the state not acted
at all”).
Miller also argues that the District Court erred in its assessment of her First
Amendment retaliation claim. Miller claimed that the County and its unnamed officials
3
retaliated against her for reporting domestic violence and child abuse, filing motions, and
seeking protective orders. Miller alleged that the defendants did so by ignoring her
motions, threatening to hold her in contempt, “obstructing law-enforcement processes”
and requiring her to communicate with a guardian ad litem only through opposing
counsel. The District Court determined that Miller failed to allege an actual injury in her
access to courts argument and did not demonstrate a causal connection between the
protected activity and adverse action. We agree. Miller had the burden of showing that
any of her constitutionally protected conduct was a “substantial” or “motivating factor” in
the harm she alleged. Suppan v. Dadonna, 203 F.3d 228, 235 (3d Cir. 2000). Miller
failed to explain how the adverse actions were related to her protected activity and, thus,
failed to establish a causal link between them.
Next, Miller argues that the District Court erred in dismissing her municipal
liability claim by misapplying Monell v. Department of Social Services of City of New
York. 436 U.S. 658, 690 (1978) (permitting § 1983 suits against municipalities
where “the action that is alleged to be unconstitutional implements or executes a policy
statement, ordinance, regulation, or decision officially adopted and promulgated by that
body’s officers”); Miller argues on appeal that the District Court misapplied Monell,
arguing that the District Court overlooked her allegations that “at least one” County
practice impacted another mother. But while the District Court did not include the
experiences of the other mother in its analysis, Miller’s conclusory reference to another
affected mother does not establish the existence of a widespread custom or practice.
4
Miller challenges the District Court’s abstention from her procedural due process
claims. In her complaint, Miller argued that she was denied procedural due process in
her child custody and divorce proceedings in state court. 1 But where a state has provided
seemingly adequate procedural protections, a plaintiff cannot skip that process and seek
relief in federal court instead. See Alvin v. Suzuki, 227 F.3d 107, 116 (3d Cir. 2000). The
actions of which she complains could have been addressed in the relevant state court and
through the state court appeals process. Therefore, her claim is without merit. 2
Miller challenges the District Court’s denial of her motion for recusal, noting that
there was an appearance of impartiality. 3 There is no evidence of bias on behalf of the
District Court Judge, nor do we see any other reason why the District Court Judge should
1
For example, Miller asserts that her efiling access was revoked and she was only
permitted to communicate with a guardian ad litem through opposing counsel.
2
Miller argues that the District Court erred in dismissing her complaint so early because
that prevented factual development. Miller also argues that the District Court erred in not
permitting her to amend her complaint a fourth time. To survive dismissal, “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 quotations
omitted). As we have described above, the District Court did not err in dismissing her
complaint. And further amendment would have been futile. See
Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002).
3
Miller notes generally that she seeks review of interlocutory orders, but only
specifically names this one. We review only the District Court’s final order and its order
on Miller’s motion for recusal. See Barna v. Bd. of Sch. Dirs. of Panther Valley Sch.
Dist., 877 F.3d 136, 145–46 (3d Cir. 2017) (noting that “we have consistently refused to
consider ill-developed arguments or those not properly raised and discussed in the
appellate briefing”). Likewise, Miller alleges that the District Court did not accept her
allegations as true and omitted key allegations. Miller does not provide any support for
this assertion. See id. We do not review this conclusory argument for similar reasons.
See Barna, 877 F.3d 145–46.
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have recused himself from this case. See Securacomm Consulting, Inc. v. Securacom
Inc., 224 F.3d 273, 278 (3d Cir. 2000) (unfavorable rulings, without more, are an
insufficient basis for recusal).
Accordingly, we will affirm the judgment of the District Court. 4
4
To the extent that Miller renews her motion for appointment of counsel, we deny it.
6