Grooms v. Department of Corrections
Grooms v. Department of Corrections
Opinion of the Court
Clifford Grooms asserts the petition for writ of mandamus he filed in circuit court constituted a collateral criminal proceeding exempt , from the lien requirement of section 57.085(5), Florida Statutes (2013), because it, was a challenge to a disciplinary report that made him ineligible to receive •certain gain-time. See § 57.085(10), Fla.
Even where prison disciplinary proceedings do not result in the loss of earned gain-time, we have held mandamus petitions challenging discipline that adversely affects the ability to earn gain-time constitute collateral criminal proceedings. See Wright v. McDonough, 058 So.2d 1132, 1133 (Fla. 1st DCA 2007) (citing Schmidt v. Crusoe, 878 So.2d 861 (Fla. 2003)); see also Thomas v. Dap’t of Corr., 159 So.3d 291, 292 (Fla. 1st DCA 2015) (“We agree with the Appellant that the portion of his. petition that challenged his inability to earn gain time for one month was a collateral criminal proceeding, which was exempt from the lien requirement of section 57.085, Florida Statutes.”).
Lien quashed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.