ROSS JAY LAWSON, PETITIONER,
v.
JAMES R. MCDONOUGH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
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The court held that the circuit court properly denied the petition for writ of mandamus but erred in imposing a lien on the inmate's trust account for court costs.
Petitioner challenged a disciplinary proceeding resulting in loss of gain-time and sought a writ of mandamus. The circuit court denied the mandamus pe…
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PER CURIAM.
In this petition for writ of certiorari, Petitioner challenges the circuit court’s denial of his petition for writ of mandamus, and the imposition of a lien placed on his inmate trust account. The petition for writ of mandamus challenged a disciplinary proceeding, which resulted in the loss of a portion of Petitioner’ gain-time.
Based on our review of the record, we conclude that, in denying the petition for writ of mandamus, the circuit court properly applied the test established in Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), which sets forth the due process requirements for prison disciplinary proceedings. Consequently, the petition for writ of certiorari challenging the denial of the petition for writ of mandamus is DENIED.
However, Petitioner’s mandamus petition challenged the loss of gain-time. Because his challenge directly affected the time he will spend in prison, the circuit court departed from the essential requirements of law by placing a lien on his inmate trust account to pay for court costs incurred by filing the mandamus petition. See Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003). The petition for writ of certiorari challenging the imposition of a lien on Petitioner’s inmate account is GRANTED, and the order imposing the lien is QUASHED.
DAVIS, PADOVANO, and HAWKES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wolff v. McDONNELL, 418 U.S. 539 (U.S. 1974)
- Schmidt v. Crusoe, 878 So. 2d 361 (Fla. 2003)