Hill v. Butterworth, 147 F.3d 1333 (11th Cir. 1998)
147 F.3d 1333
US-DOC-339745
locator
Case details
Bluebook Citation
Hill v. Butterworth, 147 F.3d 1333 (11th Cir. 1998)
Full caption
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.
Country
United States
Jurisdiction
Federal
Court
United States Court of Appeals for the Eleventh Circuit
Decided
July 30, 1998
Disposition
Reversed and Remanded
No. 97-2192.
July 30, 1998.
Richard B. Martell, Chief, Carolyn M. Snurkowski, Capital Appeals, Tallahassee, FL, for Defendants-Appellants.
Martin James McClain, Stephen M. Kissinger, Gregory C. Smith, Collateral Representatives, Tallahassee, FL, for Plaintiff-Ap-pellee.
Before HATCHETT, Chief Judge, and FAY and FARRIS*, Senior Circuit Judges.
*
Honorable Jerome Farris, Senior U.S. Circuit Judge for the Ninth Circuit, sitting by designation.
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.