DAVID LEE MOORE, APPELLANT,
v.
RICHARD L. DUGGER, ET AL., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court affirmed summary denial of habeas corpus petition because prisoner failed to allege exhaustion of administrative remedies, despite stating sufficient facts for due process and Eighth Amendment claims.
A habeas corpus petition alleging constitutional violations by prison officials is facially insufficient if it fails to allege exhaustion of available administrative remedies, even if the underlying factual allegations would otherwise state a cause of action.
[1] A habeas corpus petition must allege exhaustion of available administrative remedies to be facially sufficient, notwithstanding that the factual allegations state a cause…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceDavid Lee Moore, a state prisoner, was reclassified to the most restrictive confinement without notice or hearing, and was subjected to placement in a…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Administrative Exhaustion Requirement cases and more on FLexlaw
ZEHMER, Judge.
David Lee Moore, a prisoner in the state corrections system, appeals an order summarily denying his petition for writ of ha-beas corpus on the ground that the petition was facially insufficient to show a cause of action upon which relief could be granted. We affirm.
Moore alleged in his petition that Florida state prison officials violated his constitutional due process rights by reclassifying his confinement status from the general prison population to the most restrictive confinement without notice or a hearing. Moore further alleged that the officials subjected him to cruel and unusual punishment in violation of the Eighth Amendment by, inter alia, placing him for an hour in a 2-by 2-foot holding cage, and then placing him for 16 days in an “involuntary behavior modification cell” that had a pool of water on the floor, trash and human waste standing in the stopped-up toilet, and no lights. While these allegations were sufficient to state a cause of action, Guess v. Barton, 599 So. 2d 770 (Fla. 1st DCA 1992); Roy v. Dugger, 592 So. 2d 1235 (Fla. 1st DCA 1992); Van Poyck v. Dugger, 579 So. 2d 346 (Fla. 1st DCA 1991); Rahming v. Bigham, 539 So. 2d 10 (Fla. 1st DCA 1989), Moore’s petition was facially insufficient in that it failed to allege that he had exhausted all available administrative remedies, Polk v. Crockett, 379 So. 2d 369 (Fla. 1st DCA 1980); Taylor v. Wainwright, 418 So. 2d 1095 (Fla. 5th DCA 1982).
AFFIRMED.
ALLEN and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Runner O. Santana v. Henry, 12 So. 3d 843 (Fla. 1st DCA 2009)…. Harvard v. Singletary, 733 So. 2d 1020, 1021 (Fla.1999) (alleged misassignment to close management status); Sykes v. State, 974 So. 2d 1133, 1134 (Fla. 1st DCA 2008) (al leged misassignment to particular correctional institution); Moore v. Dugger, 613 So. 2d 571, 572 (Fla. 1st DCA 1993) (alleged misclassification); Van Poyck v. Dugger, 579 So. 2d 346, 347 (Fla. 1st DCA 1991) (alleged poor ventilation), or gain-time calculations not affecting DOC’s current right [*846] to hold the petitioner, see Williams v.…
-
Moore v. Singletary, 624 So. 2d 849 (Fla. 1st DCA 1993)…Moore’s petition for habeas corpus was facially insufficient in that it failed to allege that he had exhausted all available administrative remedies. The decision of the trial court to deny the petition is therefore affirmed. See Moore v. Dugger, 613 So. 2d 571 (Fla. 1st DCA1993). ERVIN, JOANOS and WOLF, JJ., concur.…
-
Fisher v. Moore, 789 So. 2d 431 (Fla. 4th DCA 2001)…but he does not offer any legally cognizable reason why. Due to this unexcused failure to exhaust administrative remedies, the circuit court properly dismissed his habeas petition without prejudice to seek administrative relief. See Moore v. Dugger, 613 So. 2d 571 (Fla. 1st DCA 1993). We deny the petition for writ of certiorari without prejudice to Fisher pursuing administrative relief, and if necessary to seek judicial review in the circuit court after all available administrative remedies have been exhauste…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Taylor v. Louie L. Wainwright, 418 So. 2d 1095 (Fla. 5th DCA 1982)
- van Poyck v. Dugger, 579 So. 2d 346 (Fla. 1st DCA 1991)
- Rahming v. T.H. Bigham, 539 So. 2d 10 (Fla. 1st DCA 1989)
- Guess v. Barton, 599 So. 2d 770 (Fla. 1st DCA 1992)
- Campbell v. Greyhound Lines, Inc., 592 So. 2d 1235 (Fla. 1st DCA 1992)
- ROY v. Dugger, 592 So. 2d 1235 (Fla. 1st DCA 1992)
- Polk v. Crockett, 379 So. 2d 369 (Fla. 1st DCA 1980)