No. 18-7062

Louis Matthew Clements v. Florida Department of Corrections, et al.

Lower Court: Florida
Docketed: 2018-12-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 42-usc-1983 4th-amendment civil-rights civil-rights-statute constitutional-rights due-process fourteenth-amendment malicious-prosecution state-governmental-immunity
Latest Conference: 2019-02-15
Question Presented (from Petition)

Does FL.S. § 768.28 first claiming to allow Florida citizens to sue State Governmental Agencies for malicious prosecution and then dis- allowing it, in direct conflict with Title 42 U.S.C. Code § 1983 as well as the Fourth, Fifth, Eighth and Fourteenth Amendment's, render it unconstitutional?

Should Petitioner and other Florida Citizens be able to sue Florida State Governmental Agencies for Malicious Prosecution as provided by the US Constitution?

Question Presented (AI Summary)

Does FL.S. § 768.28 first claiming to allow Florida citizens to sue State Governmental Agencies for malicious prosecution and then disallowing it, in direct conflict with Title 42 U.S.C. Code § 1983 as well as the Fourth, Fifth, Eighth and Fourteenth Amendment's, render it unconstitutional?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-10
DISTRIBUTED for Conference of 2/15/2019.
2018-12-28
Waiver of right of respondents Florida Department of Corrections, et al. to respond filed.
Main Document
2018-12-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 16, 2019)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Florida Department of Corrections, et al.
Melville G. Brinson III — Melville G. Brinson III, P.A., Respondent
Louis M. Clements
Louis Matthew Clements — Petitioner