D.M. v. Korda

District Court of Appeal of Florida

D.M. v. Korda

562 So. 2d 407, 1990 Fla. App. LEXIS 3999, 1990 WL 73371

CourtDistrict Court of Appeal of Florida

DecidedJune 6, 1990

DocketNo. 90-0988

StatusPublished

This text of 562 So. 2d 407 (D.M. v. Korda) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

D.M. v. Korda, 562 So. 2d 407, 1990 Fla. App. LEXIS 3999, 1990 WL 73371 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

The petition for a writ of habeas corpus is hereby granted, but actual issuance of the writ shall be withheld in light of the response advising that petitioner has been released from detention while this cause was pending.

In J.F. v. Johnson, 543 So.2d 471 (Fla. 4th DCA 1989), this court noted a continued pattern of this particular division of the Seventeenth Judicial Circuit to detain children in contravention of section 39.032, Florida Statutes (1987). Unfortunately, for reasons beyond our comprehension, and despite this court’s opinions in J.F. and in P.R. v. Johnson, 541 So.2d 791 (Fla. 4th DCA 1989), this pattern continues.

Even with the purest intentions and sentiments, no judge may put himself above the law. Indeed, in Pullman v. Allen, 466 U.S. 522, 104 S.Ct. 1970, 80 L.Ed.2d 565 (1984), the Supreme Court of the United States held in the majority opinion that judicial immunity is not a bar to prospective injunctive relief against a judicial officer, nor to the award of attorney’s fees, as accorded by 42 U.S.C.S. § 1988. We will leave such considerations to the discretion of those parties who may consider such claims in the future, should the particular division continue to refuse to confine its rulings to the governing laws.

LETTS, GLICKSTEIN and GARRETT, JJ., concur.

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PER CURIAM.

The petition for a writ of habeas corpus is hereby granted, but actual issuance of the writ shall be withheld in light of the response advising that petitioner has been released from detention while this cause was pending.

In J.F. v. Johnson, 543 So.2d 471 (Fla. 4th DCA 1989), this court noted a continued pattern of this particular division of the Seventeenth Judicial Circuit to detain children in contravention of section 39.032, Florida Statutes (1987). Unfortunately, for reasons beyond our comprehension, and despite this court’s opinions in J.F. and in P.R. v. Johnson, 541 So.2d 791 (Fla. 4th DCA 1989), this pattern continues.

Even with the purest intentions and sentiments, no judge may put himself above the law. Indeed, in Pullman v. Allen, 466 U.S. 522, 104 S.Ct. 1970, 80 L.Ed.2d 565 (1984), the Supreme Court of the United States held in the majority opinion that judicial immunity is not a bar to prospective injunctive relief against a judicial officer, nor to the award of attorney’s fees, as accorded by 42 U.S.C.S. § 1988. We will leave such considerations to the discretion of those parties who may consider such claims in the future, should the particular division continue to refuse to confine its rulings to the governing laws.

LETTS, GLICKSTEIN and GARRETT, JJ., concur.

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Bluebook (online)

562 So. 2d 407, 1990 Fla. App. LEXIS 3999, 1990 WL 73371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dm-v-korda-fladistctapp-1990.

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