LARRY C. JONES, RELATOR,
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, AND DAVID T. KING, CAPTAIN, ROAD PRISON NO. 27, RESPONDENTS

Fla. 2d DCA | 1974-08-09
No. 74-960
Mann, Chief Judge, Hobson, J., Boardman, J.
298 So. 2d 542 Florida District Court of Appeal, Second District (1974) Positive Treatment
Cited by 6 cases

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.

Synopsis

The court denied a petition for prohibition from an incarcerated prisoner, holding that administrative remedies through the Department of Health and Rehabilitative Services should be exhausted before seeking judicial relief, and that the Circuit Court is the appropriate forum if judicial review becomes necessary.

Holding

A prisoner's petition for prohibition challenging prison administration should be denied where adequate administrative remedies exist within the Department of Health and Rehabilitative Services, and the Circuit Court is the proper forum for any subsequent judicial review.

Headnotes

[1] A prisoner's petition for prohibition challenging prison administration should be denied without prejudice where the Department of Health and Rehabilitative Services prov…

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 intelligence
Key Quotes

“We think it is preferable for complaints about the administration of public institutions to be made first to the agency-involved, and if resort to the judiciary is necessary the petitioner may then invoke the jurisdiction of the Circuit Court in the county of incarceration.”

The court explaining its preference for exhaustion of administrative remedies and proper forum selection.
Facts & Procedural History

Jones is incarcerated in Road Prison No. 27 under Captain King's supervision. His main complaint relates to prisoner correspondence policies.…

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.

Topics
Petition For Prohibition Judicial Jurisdiction Prison Administration Discretionary Jurisdiction

Explore caselaw by topic → Browse Petition For Prohibition cases and more on FLexlaw

Opinion of the Court
MANN, Chief Judge.

MANN, Chief Judge.

Jones is incarcerated in Road Prison No. 27, of which the respondent King is Captain. Respondent Wainwright is Director of the Division of Corrections in the Department of Health and Rehabilitative Services. We deny the suggestion without prejudice but not because it seeks prohibition, which is the wrong remedy even if Jones’ allegations are meritorious. We have the authority under the Florida Constitution, Article V, § 4(b)(3) to entertain this petition, but customarily decline to do so because the Circuit Court has the same powers. In the present case, however, we would think that the Department of Health and Rehabilitative Services and its Division of Corrections has provided adequate means whereby the petitioner may assert his grievances through administrative channels. Jones’ main complaint relates to prisoner correspondence, a subject which we are confident is under review by the Division in the light of the recent decision of the Supreme Court of the United States in Procunier v. Martinez, 1974, 416 U.S. 396, 94 S.Ct. 1800, 40 L.Ed. 2d 224. We think it is preferable for complaints about the administration of public institutions to be made first to the agency-involved, and if resort to the judiciary is necessary the petitioner may then invoke the jurisdiction of the Circuit Court in the county of incarceration.

Suggestion denied without prejudice.

HOBSON, J., concurs.

BOARDMAN, J., concurs in result only.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Jackson v. Parkhouse, 826 So. 2d 478 (Fla. 1st DCA 2002)
    …So. 2d 1167, 1168 (Fla. 1st DCA 1989); Millard v. State, 503 So. 2d 939, 941 (Fla. 1st DCA 1987); Sawyer v. Wainwright, 422 So. 2d 1027, 1028 (Fla. 1st DCA 1982); Morris v. Wainwright, 409 So. 2d 1161, 1162 (Fla. 1st DCA 1982); Jones v. Wainwright, 298 So. 2d 542, 542-43 (Fla. 2d DCA 1974); see generally 41 FI. Jur.2d Prisons and Prisoners § 213 (“Judicial Relief; Necessity of Exhausting Administrative Remedies”). He did not meet that burden because he alleged only that he had filed informal grievances under…
  • Millard v. State, 503 So. 2d 939 (Fla. 1st DCA 1987)
    …ts his motion to be treated as a petition for a writ [*941] of mandamus. We decline to do so, as Millard has not shown that he has exhausted his administrative remedies. Morris v. Wainwright, 409 So. 2d 1161 (Fla. 1st DCA 1982); Jones v. Wainwright, 298 So. 2d 542 (Fla. 2d DCA 1974). Rule 33-3.07, Fla.Admin.Code, dictates a two-step review process within the Department of Corrections, prior to judicial review. Morris v. Wainwright, supra. In Curry v. Wainwright, 422 So. 2d 1029 (Fla. 1st DCA 1982), this cour…
  • Ingram v. LT. Forte, 473 So. 2d 48 (Fla. 4th DCA 1985)
    …for writ of habeas corpus without prejudice to his right to seek redress and remedy under the inmate grievance procedure found in Fla. Admin. Code, Rule 33-3.07. See Morris v. Wainwright, 409 So. 2d 1161 (Fla. 1st DCA 1982) and Jones v. Wainwright, 298 So. 2d 542 (Fla. 2d DCA 1974). Denied. ANSTEAD, WALDEN and BARKETT, JJ., concur.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw