Hill v. Butterworth

133 F.3d 783

• Court: Court of Appeals for the Eleventh Circuit
• Decided: December 15, 1997
• Docket: 97-2192
• Status: Published

Opinion

PUBLISH

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________________ FILED U.S. COURT OF APPEALS No. 97-2192 ELEVENTH CIRCUIT ________________________________ 2/18/03 THOMAS K. KAHN D.C. Docket No. 4:96-CV-288-MMP CLERK

CLARENCE E. HILL, of himself as an individual and on behalf of himself and all others similarly situated,

Plaintiff-Appellee,

versus

ROBERT A. BUTTERWORTH, Attorney General for the State of Florida and HARRY K. SINGLETARY, Secretary, Florida Department of Corrections.

Defendants-Appellants. ________________________________________________________________

Appeal from the United States District Court for the Northern District of Florida _________________________________________________________________ (July 30, 1998)

Petition for Rehearing

Before HATCHETT, Chief Judge, FAY and FARRIS*, Senior Circuit Judges.

____________________________ *Honorable Jerome Farris, Senior U.S. Circuit Judge for the Ninth Circuit, sitting by designation.

HATCHETT, Chief Judge: In light of Calderon v. Ashmus, 118 S. Ct. 1694 (1998), we grant Florida’s

petition for rehearing, vacate our previous opinion, Hill v. Butterworth, 133 F.3d 783

(11th Cir. 1997), reverse the judgment of the district court, and remand the case with

instructions to dissolve the injunction and dismiss the complaint for want of a justiciable

case or controversy. See Hill, 133 F.3d at 785 n.7 (Florida raised this issue on appeal).*

REVERSED and REMANDED.

* Florida’s motion to stay is denied as moot.