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Spooner v. Department of Corrections

Spooner v. Dep't of Corr., 514 So. 2d 1077 (Fla. 1987)
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Court
Supreme Court of Florida · State Highest Courts
Decided
September 24, 1987
Docket
Nos. 68932, 68522
Judges
Overton
Citations
514 So. 2d 107712 Fla. L. Weekly 499
Cited by 11

Opinion

514 So.2d 1077 (1987)

Robert Edward SPOONER, Petitioner,

v.

DEPARTMENT OF CORRECTIONS, Respondent.

Maurice Skoblow, Petitioner,

v.

AMERI-MANAGE, INC., et al., Respondents.

Nos. 68932, 68522.

Supreme Court of Florida.

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

*1078 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.

OVERTON, Justice.

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1987: 11988: 11989: 11990: 21996: 11997: 21998: 12000: 12002: 119872026peak 1990 · 2

Relies on it most ⓘ

  1. Board of Regents of State v. Snyder826 So. 2d 382 (Fla. Dist. Ct. App. 2002)
  2. Howlett ex rel. Howlett v. Rose496 U.S. 356 (1990)
  3. Stephens v. Geoghegan702 So. 2d 517 (Fla. Dist. Ct. App. 1997)
  4. College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board948 F. Supp. 400 (D.N.J. 1996)
  5. Stewart v. Sun Sentinel Co.695 So. 2d 360 (Fla. Dist. Ct. App. 1997)
  6. Hamm v. Powell874 F.2d 766 (11th Cir. 1989)

Most recent

  1. Board of Regents of State v. Snyder826 So. 2d 382 (Fla. Dist. Ct. App. 2002)
  2. Suarez v. Florida Department of Law Enforcement774 So. 2d 772 (Fla. Dist. Ct. App. 2000)
  3. Malone v. City of Satellite Beach717 So. 2d 1067 (Fla. Dist. Ct. App. 1998) · Dissent
  4. Stephens v. Geoghegan702 So. 2d 517 (Fla. Dist. Ct. App. 1997)
  5. Stewart v. Sun Sentinel Co.695 So. 2d 360 (Fla. Dist. Ct. App. 1997)
  6. College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board948 F. Supp. 400 (D.N.J. 1996)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Skoblow v. Ameri-Manage, Inc., 483 So. 2d 809 (Fla. Dist. Ct. App. 1986) 14
Spooner v. Dept. of Corr., 488 So. 2d 897 (Fla. Dist. Ct. App. 1986) 4
Hill v. Dept. of Corr., 513 So. 2d 129 (Fla. 1987) 40

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