Opinion · Court of Appeals for the Fifth Circuit

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

457 F.2d 802

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1972-03-17
Topic
general

How later courts describe this case

  • “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.”

Citator

UpLaw has not yet analyzed Benjamin Alfonso Holland v. E. Wilson Purdy, as Sheriff of Dade County, Florida. The absence of a flag is not a finding that it is good law.

Cited by
18 opinions
HOLLAND v. PURDY,457 F.2d 802(5th Cir. 1972)
BENJAMIN ALFONSO HOLLAND, PETITIONER-APPELLANT, v. E. WILSON PURDY, AS
SHERIFF OF DADE COUNTY, FLORIDA, RESPONDENT-APPELLEE.
No. 71-3090.
Summary Calendar.fn*
United States Court of Appeals, Fifth Circuit.
March 17, 1972.
Benjamin Alfonso Holland, pro se.

Robert L. Shevin, Atty. Gen., Joel D. Rosenblatt, Asst. Atty. Gen., Miami, Fla., for respondent-appellee.
Appeal from the United States District Court for the Southern District of Florida.
Before BELL, DYER and CLARK, Circuit Judges.
PER CURIAM:
[1] This is an appeal from the district court's dismissal of Holland's petition for injunctive relief, filed pursuant to42 U.S.C.A. § 1983. We vacate and remand.

[2] 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.

[3] 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 thePage 803State 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.

[4] 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.

[5] Vacated and remanded.Page 810
  1. Rule 18, 5 Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir. 1970,431 F.2d 409, Part I. ↩