CLARENCE E. HILL, OF HIMSELF AS AN INDIVIDUAL AND ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF-APPELLEE,
v.
ROBERT A. BUTTERWORTH, ATTORNEY GENERAL FOR THE STATE OF FLORIDA AND HARRY K. SINGLETARY, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS. DEFENDANTS-APPELLANTS

11th Cir. | 1998-07-30
No. 97-2192
Before HATCHETT, Chief Judge, and FAY and FARRIS , Senior Circuit Judges.
147 F.3d 1333 Court of Appeals for the Eleventh Circuit (1998) Positive Treatment
Cited by 2 cases
Opinion of the Court
HATCHETT, Chief Judge:

Petition for Rehearing. HATCHETT, Chief Judge: In light of Calderon v. Ashmus, — U.S. -, 118 S.Ct. 1694, 140 L.Ed.2d 970 (1998), we grant Florida’s petition for rehearing, vacate our previous opinion, Hill v. Butterworth, 133 F. 3d 783 (11th Cir.1997), reverse the judgment of the district court, and remand the case with instructions to dissolve the injunction and dismiss the complaint for want of a justiciable case or controversy. See Hill, 133 F. 3d at 785 n. 7 (Florida raised this issue on appeal). REVERSED and REMANDED. Florida's motion to stay is denied as moot.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Kelley v. Sec'y FOR THE Dep't OF Corr., 377 F.3d 1317 (11th Cir. 2004)
    …of state factual determinations as bearing on a right to federal relief, and the presumption of correctness to be given such state determination. Id. . We addressed this issue once in Hill v. Butterworth, 133 F. 3d 783 (11th Cir.1997), vacated by 147 F. 3d 1333, 1334 (11th Cir.1998). The district court in that case determined that Florida did not satisfy all of the requirements necessary to invoke chapter 154. Id. at 784-85 (quoting Hill v. Butterworth, 170 F.R.D. 509, 524 (N.D.Fla.1997)). Noting that,…
    1 / 2

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw