JESUS MANE
v.
THE STATE OF FLORIDA
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Jesus Mane appealed a decision regarding a Department of Corrections officer's action. The Third District Court of Appeal affirmed the lower court's decision, holding that inmates must first exhaust administrative remedies before seeking judicial review of DOC actions.
An inmate must first exhaust administrative remedies with the Department of Corrections. If relief is not obtained administratively, the inmate should seek judicial review by appeal to the district court of appeal. If immediate release is sought, habeas corpus should be filed in the circuit court of the county where the institution is located.
“When an inmate . . . desires to have a Department of Corrections officer's action set aside, he should first exhaust his administrative remedies, showing which rules and/or statutes are being violated.”
Establishes the primary requirement that inmates must exhaust administrative remedies before seeking judicial review of DOC actions
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Join FLexlaw to unlock all legal intelligenceAn inmate (Mane) sought to challenge a Department of Corrections officer's action. The case involves the proper procedural pathway for inmates challen…
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PER CURIAM.
Affirmed. See Sawyer v. Wainwright, 422 So. 2d 1027, 1028 (Fla. 1st DCA 1982) (“When an inmate . . . desires to have a Department of Corrections officer's action set aside, he should first exhaust his administrative remedies, showing which rules and/or statutes are being violated. If he does not receive the relief sought at the administrative level, he should timely seek judicial review of the final agency action by appeal to [the First District Court of Appeal]. When an inmate . . . seeks immediate release from custody, he should seek a writ of habeas corpus from the circuit court in the county where his institution is located. If he does not receive the relief sought in the circuit court, he should timely appeal the final order of the circuit court to the appropriate district court of appeal.”) (internal citations omitted).
See also Bush v. State, 945 So. 2d 1207, 1213 (Fla. 2006) (holding “the circuit court in Leon County is the proper venue for [a prisoner's challenge to a sentence-reducing credit determination by the Department of Corrections], if the prisoner has exhausted administrative remedies and is not alleging entitlement to immediate release.”)
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Corbblin Bush v. State, 945 So. 2d 1207 (Fla. 2006)
- Sawyer v. Louie L. Wainwright and G. Strickland, 422 So. 2d 1027 (Fla. 1st DCA 1982)