Benjamin Alfonso Holland v. E. Wilson Purdy, as Sheriff of Dade County, Florida

Fifth Circuit

Benjamin Alfonso Holland v. E. Wilson Purdy, as Sheriff of Dade County, Florida

457 F.2d 802, 1972 U.S. App. LEXIS 10666

Court of Appeals for the Fifth Circuit·Decided March 17, 1972·No. 71-3090·Published·Cited by 18 cases

Opinion

PER CURIAM:

This is an appeal from the district court’s dismissal of Holland’s petition for injunctive relief, filed pursuant to 42 U.S.C.A. § 1983. We vacate and remand.

In his petition in the district court, Holland contended that he had been subjected to cruel and unusual punishment from June 16, 1971 until June 29, 1971, while incarcerated at the Dade County, Florida, Jail. He alleged that he was subjected to physical duress, and that the officials at the jail refused to permit him to see a notary public or send out any legal documents. In his complaint, Holland sought to have the officials at the Dade County Jail enjoined from such practices.

At the time his pleadings were filed in the district court, Holland had been transferred from the Dade County Jail to another penal institution in the *803 State of Florida. Since Holland was no longer subjected to the complained-of conditions at the time this litigation was instituted, nor is he at the present, time, the petition should have been dismissed on the ground of mootness. McCarroll v. Morrow, 5 Cir. 1971, 435 F.2d 560; Bryant v. Blackwell, 5 Cir. 1970, 431 F.2d 1203.

The judgment of the district court dismissing the action for failure to state a claim upon which relief could be granted is vacated and the cause is remanded with directions to dismiss the action on the ground of mootness.

Vacated and remanded.

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PER CURIAM:

This is an appeal from the district court’s dismissal of Holland’s petition for injunctive relief, filed pursuant to 42 U.S.C.A. § 1983. We vacate and remand.

In his petition in the district court, Holland contended that he had been subjected to cruel and unusual punishment from June 16, 1971 until June 29, 1971, while incarcerated at the Dade County, Florida, Jail. He alleged that he was subjected to physical duress, and that the officials at the jail refused to permit him to see a notary public or send out any legal documents. In his complaint, Holland sought to have the officials at the Dade County Jail enjoined from such practices.

At the time his pleadings were filed in the district court, Holland had been transferred from the Dade County Jail to another penal institution in the *803 State of Florida. Since Holland was no longer subjected to the complained-of conditions at the time this litigation was instituted, nor is he at the present, time, the petition should have been dismissed on the ground of mootness. McCarroll v. Morrow, 5 Cir. 1971, 435 F.2d 560; Bryant v. Blackwell, 5 Cir. 1970, 431 F.2d 1203.

The judgment of the district court dismissing the action for failure to state a claim upon which relief could be granted is vacated and the cause is remanded with directions to dismiss the action on the ground of mootness.

Vacated and remanded.

Benjamin Alfonso Holland v. E. Wilson Purdy, as Sheriff of Dade County, Florida, 457 F.2d 802, 1972 U.S. App. LEXIS 10666 (5th Cir. 1972).

Pincite

457 F.2d 802 (Benjamin Alfonso Holland v. E. Wilson Purdy, as Sheriff of Dade County, Florida) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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