DERRICK ALLEN
v.
SENIOR CLERK SCORE

Fla. 1st DCA | 2018-08-01
No. 17-2902
253 So. 3d 71 Florida District Court of Appeal, First District (2018)

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Holding

An inmate's action for wrongful disciplinary procedures is properly dismissed where the inmate fails to state a cause of action for damages in tort, the filing is untimely, res judicata and collateral estoppel apply, and the defendants are immune.


Headnotes

[1] A prisoner who files a frivolous appeal is subject to disciplinary procedures under Florida Statute § 944.279 upon certification by the appellate court.

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Facts & Procedural History

Derrick Allen, an inmate at Santa Rosa Correctional Institution, brought an action against various correctional officials alleging wrongful discipline…

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Opinion of the Court

including the failure to state a cause of action for damages in tort, the untimeliness of the filing, res judicata and collateral estoppel, and immunity of the individual defendants. We affirm.

We additionally conclude that this appeal is frivolous. Accordingly, the Clerk of this Court is directed to provide a certified copy of this opinion to the Department of Corrections for referral to the appropriate institution for disciplinary procedures. See § 944.279, Fla. Stat. (providing that a prisoner who is found by a court to have brought a frivolous suit, action, claim, proceeding, or appeal is subject to disciplinary procedures pursuant to the rules of the Department of Corrections).

AFFIRMED.

RAY, KELSEY, and WINSOR, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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