Jail Official Gets Immunity for Delaying Prisone'rs Release for One Day
Jail Official Gets Immunity for Delaying Prisoner's Release for One Day
A county prison official was entitled to qualified immunity for delaying the plaintiff's release for a day based on an alleged warrant from Massachusetts that she had not actually seen; her actions probably didn't violate the Constitution, and it certainly wasn't clearly established that it is unconstitutional to detain a prisoner for one day based on a telephone call from law enforcement. See: Wilson v. Zellner, 200 F.Supp.2d 1356 (M.D.Fla. 2002).
A county prison official was entitled to qualified immunity for delaying the plaintiff's release for a day based on an alleged warrant from Massachusetts that she had not actually seen; her actions probably didn't violate the Constitution, and it certainly wasn't clearly established that it is unconstitutional to detain a prisoner for one day based on a telephone call from law enforcement. See: Wilson v. Zellner, 200 F.Supp.2d 1356 (M.D.Fla. 2002).
Related legal case
Wilson v. Zellne
| Year | 2002 |
|---|---|
| Cite | 200 F.Supp.2d 1356 (M.D.Fla. 2002) |
| Level | District Court |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |
RICHARD E. WILSON, Plaintiffs, -vs- PAT ZELLNER and PAULINE SPINNEY, Defendants.
Case No. 5:99-cv-173-Oc-10GRJ
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, OCALA DIVISION
200 F. Supp. 2d 1356; 2002 U.S. Dist.
March 26, 2002, Decided
March 26, 2002, Filed
PRIOR HISTORY: Wilson v. Zellner, 2002 U.S. Dist. (M.D. Fla. Mar. 15, 2002)
DISPOSITION: [**1] Plaintiff's objections overruled. Motions for summary judgment severally granted.
COUNSEL: RICHARD E. WILSON, plaintiff, Pro se, St. Petersburg, FL.
For PAT ZELNER, defendant: Alison L. Becker, Office of the Attorney General, Tampa, FL.
For PAULINE SPRINNEY, defendant: Sheila E. McCravy, Law Offices of Timothy M. Burke, Needham, MA.
For PAULINE SPRINNEY, defendant: Carol A. Falvey, Green, Kaster & Falvey, P.A., Ocala, FL.
JUDGES: Wm. Terrell Hodges, UNITED STATES DISTRICT JUDGE.
OPINION BY: Wm. Terrell Hodges
OPINION: [*1357]
ORDER GRANTING SUMMARY JUDGMENT
The remaining Defendants, Pat Zellner and Pauline Spinney, have each filed a motion for summary judgment (Docs. 108 and 106) asserting qualified immunity. The Plaintiff has filed memoranda in opposition to the motions (Docs. 110 and 113) and the United States Magistrate Judge has filed a Report and Recommendation (Doc. 119) concluding that the motions should be granted. The Plaintiff has filed objections to that Report and Recommendation (Doc. 121).
Upon due consideration of the thorough and well reasoned Report and Recommendation of the United States Magistrate Judge, the Court has concluded that the [**2] Plaintiff's objections (Doc. 121) should be overruled and that the recommendations of the Magistrate Judge should be implemented. Accordingly, the motions for summary judgment (Docs. 106 and 108) are severally GRANTED and the Clerk is directed to enter final judgment in behalf of the Defendants and against the Plaintiff with costs to be assessed according to law. The Clerk is further directed to terminate any other pending motions and to close the file. The pretrial conference previously scheduled for March 29 and the trial previously scheduled during the April term are cancelled.
IT IS SO ORDERED.
DONE and ORDERED at Ocala, Florida, this 26th day of March, 2002.
Wm. Terrell Hodges
UNITED STATES DISTRICT JUDGE
Case No. 5:99-cv-173-Oc-10GRJ
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, OCALA DIVISION
200 F. Supp. 2d 1356; 2002 U.S. Dist.
March 26, 2002, Decided
March 26, 2002, Filed
PRIOR HISTORY: Wilson v. Zellner, 2002 U.S. Dist. (M.D. Fla. Mar. 15, 2002)
DISPOSITION: [**1] Plaintiff's objections overruled. Motions for summary judgment severally granted.
COUNSEL: RICHARD E. WILSON, plaintiff, Pro se, St. Petersburg, FL.
For PAT ZELNER, defendant: Alison L. Becker, Office of the Attorney General, Tampa, FL.
For PAULINE SPRINNEY, defendant: Sheila E. McCravy, Law Offices of Timothy M. Burke, Needham, MA.
For PAULINE SPRINNEY, defendant: Carol A. Falvey, Green, Kaster & Falvey, P.A., Ocala, FL.
JUDGES: Wm. Terrell Hodges, UNITED STATES DISTRICT JUDGE.
OPINION BY: Wm. Terrell Hodges
OPINION: [*1357]
ORDER GRANTING SUMMARY JUDGMENT
The remaining Defendants, Pat Zellner and Pauline Spinney, have each filed a motion for summary judgment (Docs. 108 and 106) asserting qualified immunity. The Plaintiff has filed memoranda in opposition to the motions (Docs. 110 and 113) and the United States Magistrate Judge has filed a Report and Recommendation (Doc. 119) concluding that the motions should be granted. The Plaintiff has filed objections to that Report and Recommendation (Doc. 121).
Upon due consideration of the thorough and well reasoned Report and Recommendation of the United States Magistrate Judge, the Court has concluded that the [**2] Plaintiff's objections (Doc. 121) should be overruled and that the recommendations of the Magistrate Judge should be implemented. Accordingly, the motions for summary judgment (Docs. 106 and 108) are severally GRANTED and the Clerk is directed to enter final judgment in behalf of the Defendants and against the Plaintiff with costs to be assessed according to law. The Clerk is further directed to terminate any other pending motions and to close the file. The pretrial conference previously scheduled for March 29 and the trial previously scheduled during the April term are cancelled.
IT IS SO ORDERED.
DONE and ORDERED at Ocala, Florida, this 26th day of March, 2002.
Wm. Terrell Hodges
UNITED STATES DISTRICT JUDGE