Addison v. Forest Service of the U.S. Department of Agriculture
Addison v. Forest Service of the U.S. Department of Agriculture
Opinion of the Court
ORDER
This case is before the Court on the Defendant, the Forest Service of the United States Department of Agriculture,’s motion for summary judgment (Doc. 72). The Plaintiff has failed to file a response. For the reasons set forth below, the Court has concluded that the motion is due to be Granted.
I. FACTUAL AND PROCEDURAL HISTORY
Plaintiff Scott Addison takes part in “Rainbow Gatherings” in the Ocala National Forest. Rainbow Gatherings are public assemblies where individuals “gather to exchange views and/or worship together in communion and to pray for world peace in the cathedral of nature.” See Second Amended Complaint (Doc. 35). Addison was originally one of three Plaintiffs who initiated this action on February 13, 1998, seeking to enjoin the use of roadblocks and vehicle searches that impeded access to the Ocala National Forest.
On February 3, 2000, the Forest Service filed a motion (Doc. 72) for summary judgment, arguing that due to its adoption of the Forest Service Vehicle Checkpoint Policy, which it alleges fully complies with the preliminary injunction entered by Judge Schlesinger, no case or controversy presently exists between Plaintiff Addison and the Forest Service. Or, stated another way, the Plaintiff cannot demonstrate entitlement to permanent injunctive relief because there is no continuing likelihood that the Plaintiff will be subjected to unconstitutional searches by the Defendant in the future. By order entered February 25, 2000, the Court gave Plaintiff Addison up to and including April 4, 2000 to file a response to the summary judgment motion. Cognizant of the Plaintiffs pro se status,
II. DISCUSSION
The entry of summary judgment is appropriate when the Court is satisfied that “there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). In applying this standard, the Court must examine the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits and other evidence in the record “in the light most favorable to the non-moving party.” Samples on Behalf of Samples v. Atlanta, 846 F.2d 1328, 1330 (11th Cir. 1988). The moving party bears the initial burden of establishing the nonexistence of a triable fact issue. Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). If the mov-ant is successful on that score, the burden of production shifts to the non-moving party who must them come forward with “sufficient evidence of every element that he or she must prove.” Rollins v. TechSouth, 833 F.2d 1525 (11th Cir. 1987). The non-moving party may not simply rest on the pleadings, but must use affidavits, depositions, answers to interrogatories, or other admissible evidence to demonstrate that a material fact issue remains to be tried. Celotex, 477 U.S. at 324, 106 S.Ct. at 2553.
In support of its motion, the Defendant has submitted the declaration of Michael Donaldson, Special Agent with the U.S. Department of Agriculture Forest Service and as of January 1999, the Incident Commander for the FY-99 Peak Visitor Use Plan.
As a threshold matter, all those seeking to invoke the jurisdiction of the federal courts must satisfy Article IIPs case or controversy requirement.
In applying these criteria to the case at hand, the Court concludes that Addison’s claim for permanent injunctive relief has become moot, and that as a result, a viable case or controversy no longer exists. The adoption of the National Vehicle Checkpoint Policy, if adhered to by the Defendant, is sufficient to assure the Plaintiff, and those similarly situated, that constitutional rights will be respected, and the Defendant, as a governmental entity, is entitled to a presumption that its affairs will be lawfully and constitutionally conducted in accordance with the newly published policy.
The Defendant’s motion for summary judgment (Doc. 72) is Granted and the Clerk is directed to enter judgment dismissing the Complaint as moot.
IT IS SO ORDERED.
. On February 2, 2000, Plaintiffs O’Brien and Sutton filed a notice of voluntary dismissal without prejudice (Doc. 71). Plaintiff Addison is thus the sole remaining Plaintiff in this case and has elected to proceed pro se.
. The Plaintiff was given the caution required by the law of this Circuit to be afforded to pro se litigants opposing motions for summary judgment (Doc. 75).
. Donaldson stales that as Incident Commander he "was responsible for organizing and maintaining a law enforcement cadre that provided protection and ensured the safety of the forest visitors as well as protected
. The Court notes that the proper inquiry here is not whether the Plaintiff has standing but rather whether the case is now moot.
. A "carefully considered decision of a coequal and representative branch of our Government” is entitled to a "heavy presumption” of constitutionality. United States Department of Labor v. Triplett, 494 U.S. 715, 721, 110 S.Ct. 1428, 1432, 108 L.Ed.2d 701 (1990), citing Walters v. National Assn. of Radiation Survivors, 473 U.S. 305, 319, 105 S.Ct. 3180, 3188, 87 L.Ed.2d 220 (1985).
Reference
- Full Case Name
- Scott ADDISON, Douglas O'Brien, and Arjay Sutton v. The FOREST SERVICE OF THE U.S. DEPARTMENT OF AGRICULTURE, Horace E. Dean, Jr., in his official capacity as Sheriff of Marion County, and George E. Knupp, Jr., in his official capacity as Sheriff of Lake County, Florida
- Cited By
- 1 case
- Status
- Published