DONALD A. BROWN
v.
FLORIDA DEPARTMENT OF CORRECTIONS
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This case involves an inmate challenging the dismissal of his complaint seeking a writ of mandamus to overturn disciplinary proceedings. The appellate court affirmed the dismissal, finding the inmate failed to demonstrate a basis for reversal despite being entitled to plenary appellate review.
No, the trial court did not err in dismissing the complaint. The inmate failed to demonstrate a preliminary basis for reversal of the trial court's dismissal on appeal.
[1] An inmate must exhaust available administrative remedies before seeking mandamus review of disciplinary proceedings in circuit court.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The trial court dismissed Brown’s complaint because he failed to plead and demonstrate that he exhausted his administrative remedies.”
This quote explains the basis for the trial court's dismissal of the inmate's complaint.
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Join FLexlaw to unlock all legal intelligenceDonald A. Brown challenged disciplinary proceedings by the Florida Department of Corrections for open masturbation and romantic advances towards an of…
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PER CURIAM.
Donald A. Brown seeks review of the trial court’s dismissal of his complaint for a writ of mandamus. In that complaint, Brown challenged the results of disciplinary proceedings conducted by the Florida Department of Corrections regarding both his open masturbation in front of and directed at a corrections officer (sometimes referred to as “gunning” in prison argot), and his subsequent effort to justify that conduct with his expression of romantic interest in the officer. Brown made no effort to present evidence to refute the allegations in those proceedings, and he was disciplined for his conduct. He filed various grievances that argued technicalities about the disciplinary process. Several times, he attempted administrative appeals, but they were returned without
action based on Brown’s repeated failures to follow procedural rules. He does not appear to ever have perfected an administrative appeal before filing his mandamus complaint.
The trial court dismissed Brown’s complaint because he failed to plead and demonstrate that he exhausted his administrative remedies. Brown filed this certiorari petition, ostensibly seeking second-tier appellate review. See Sheley v. Florida Parole Comm’n, 720 So. 2d 216, 218 (Fla. 1998) (holding that an inmate “is not entitled to a second plenary appeal of [an administrative] order in the district court” after he “has had a full review on the merits” in the circuit court, and that inmate then could only obtain review under the more limited certiorari standard).
Because the trial court did not dispose of Brown’s complaint on the merits of his underlying allegations, Brown is entitled to plenary appellate review. See Green v. Moore, 777 So. 2d 425, 426 (Fla. 1st DCA 2000).
We in turn treat Brown’s petition as seeking such review. See id.; Fla. R. App. P. 9.040(c). Even so, the legal arguments that Brown sets out in his petition fail to demonstrate a preliminary basis for reversal of the trial court’s dismissal, and we summarily affirm the order on review. See Fla. R. App. P. 9.315(a). AFFIRMED. B.L. THOMAS and TANENBAUM, JJ., concur; KELSEY, J., dissents without opinion.
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Citator
Authorities Cited
- Sheley v. Fla. Parole Comm'n, 720 So. 2d 216 (Fla. 1998)
- Green v. Moore, 777 So. 2d 425 (Fla. 1st DCA 2000)