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Spooner v. Department of Corrections

Supreme Court of Florida
Dec 1, 1987
514 So. 2d 1077 (Fla. 1987)

Opinion

Nos. 68932, 68522.

September 24, 1987. Rehearing Denied December 1, 1987.

Appeal from the Circuit Court, Leon County, Donald O. Hartwell, J.

F. Kendall Slinkman, West Palm Beach, and Edna L. Caruso, P.A., West Palm Beach, for petitioner, Spooner.

Robert A. Butterworth, Atty. Gen., and Mitchell D. Franks, Chief Trial Counsel and Thomas H. Bateman, III, Asst. Atty. Gen., Tallahassee, for respondent, Dept. of Corrections.

Ira J. Kurzban of Kurzban, Kurzban and Weinger, Miami, and Joel V. Lumer, Miami, for Nat. Emergency Civil Liberties Committee, amicus curiae.

Stephen T. Maher, Coral Gables, and Sharon L. Wolfe, Miami, for American Civil Liberties Union Foundation of Florida, Inc., amicus curiae.

Robert Weisberg of Lipman Weisberg, P.A., Miami, and Sharon L. Wolfe of Cooper, Wolfe Bolotin, P.A., Miami, for petitioner, Skoblow.

Robert A. Butterworth, Atty. Gen., and Mitchell D. Franks, Chief Trial Counsel and Craig Willis, Asst. Atty. Gen., Tallahassee, for respondents, Ameri-Manage, Inc., et al.


The First District Court of Appeal, in Spooner v. Department of Corrections, 488 So.2d 897 (Fla. 1st DCA 1986), certified the following question to this Court:

Has the State of Florida, pursuant to Section 768.28, Florida Statutes (1983), waived its Eleventh Amendment and state common law immunity and consented to suits against the State and its agencies under 42 U.S.C. § 1983?
Id. at 898.

The above case was consolidated with Skoblow v. Ameri-Manage, Inc., 483 So.2d 809 (Fla. 3d DCA 1986), which concerns the identical issue, without certification of the question. We have jurisdiction. Art. V, § 3(b)(4).

We answer the question in the negative for the reasons expressed in our recent decision in Hill v. Department of Corrections, 513 So.2d 129 (Fla. 1987).

We approve the decision of the First District Court of Appeal in Spooner and that of the Third District Court of Appeal in Skoblow, holding the state immune under the eleventh amendment and the common law from suits arising under the federal Civil Rights Act, 42 U.S.C. § 1983.

It is so ordered.

McDONALD, C.J., and EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur.


Summaries of

Spooner v. Department of Corrections

Supreme Court of Florida
Dec 1, 1987
514 So. 2d 1077 (Fla. 1987)
Case details for

Spooner v. Department of Corrections

Case Details

Full title:ROBERT EDWARD SPOONER, PETITIONER, v. DEPARTMENT OF CORRECTIONS…

Court:Supreme Court of Florida

Date published: Dec 1, 1987

Citations

514 So. 2d 1077 (Fla. 1987)

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