No. 19-5386

David Charles Sussman v. Florida Department of Corrections

Lower Court: Florida
Docketed: 2019-07-31
Status: Denied
Type: IFP
IFP
Tags: access-to-courts due-process habeas-corpus legal-representation prison-discipline right-to-counsel suspension-clause
Latest Conference: 2019-10-01
Question Presented (from Petition)

Where a prison inmate files a petition in a trial court seeking the restoration of gain time credits that were lost in a prison disciplinary proceeding; and where the restoration of those gain time credits would shorten the length of that inmate's time in prison, did said trial court violate art. I, sec. 9, cl. 2 (the Suspension Clause) of the U.S. Constitution when it ordered said inmate to secure the assistance of counsel and dismissed his petition solely for his failure (or inability) to do so?

Question Presented (AI Summary)

Whether a trial court violates the Suspension Clause of the U.S. Constitution by requiring a prison inmate to secure or pay for an attorney to file a petition seeking restoration of lost good-time credits, and then dismissing the petition solely for the inmate's failure or inability to do so

Docket Entries

2019-10-07
Petition DENIED.
2019-09-12
DISTRIBUTED for Conference of 10/1/2019.
2019-05-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2019)

Attorneys

David Charles Sussman
David Sussman — Petitioner