Hill v. Butterworth

PUBLISH
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________________ FILED
U.S. COURT OF APPEALS
No. 97-2192 ELEVENTH CIRCUIT
________________________________ 2/18/03
THOMAS K. KAHN
D.C. Docket No. 4:96-CV-288-MMP CLERK
CLARENCE E. HILL, of himself as an individual
and on behalf of himself and all others similarly situated,
Plaintiff-Appellee,
versus
ROBERT A. BUTTERWORTH, Attorney General for the
State of Florida and HARRY K. SINGLETARY, Secretary,
Florida Department of Corrections.
Defendants-Appellants.
________________________________________________________________
Appeal from the United States District Court
for the Northern District of Florida
_________________________________________________________________
(July 30, 1998)
Petition for Rehearing
Before HATCHETT, Chief Judge, FAY and FARRIS*, Senior Circuit Judges.
____________________________
*Honorable Jerome Farris, Senior U.S. Circuit Judge for the Ninth Circuit, sitting by
designation.
HATCHETT, Chief Judge:
In light of Calderon v. Ashmus, 118 S. Ct. 1694 (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.
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