Hill v. Butterworth

U.S. Court of Appeals for the Eleventh Circuit July 30, 1998

Hill v. Butterworth, 147 F.3d 1333 (11th Cir. 1998)

1998 WL 429438

Opinion of the Court

*1334Petition 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.

Reference

Full Case Name: Clarence E. HILL, of himself as an individual and on behalf of himself and all others similarly situated v. Robert A. BUTTERWORTH, Attorney General for the State of Florida and Harry K. Singletary, Secretary, Florida Department of Corrections.
Cited By: 2 cases
Status: Published