No. 20-8100

Thomas McGill v. Florida Department of Corrections

Lower Court: Florida
Docketed: 2021-05-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: due-process equal-protection-clause ex-post-facto-clause florida-department-of-corrections gain-time statutory-interpretation
Latest Conference: 2021-09-27
Question Presented (from Petition)

(A) Did the Florida Department of Corrections award Me. McGill approximately 4148 days of gainstime before changing their interpretation of s.944.275 Florida Statutes Guard, and revoking the earned time?

(B) Rare Process violation for not following a Duly promulgated rules?

(C) A violation of the Ex Post Facto Clause of the Fourteenth Amendment where the Department's changed interpretation of the gaintime law was applied retroactive to the detriment of Me McGill?

(D) Due Process violation for failing to give Me McGill prior notice of the Procedure and hearing in which he could present witnesses and evidence?

(2) Does the Department's current interpretation of s.944.215, Florida Statutes (99), violate the Equal Protection Clause of the Fourteenth Amendment when it does not further a compelling government interest nor is it reasonably related to a government interest?

Question Presented (AI Summary)

Did the Florida Department of Corrections award Mr. McGill approximately 4,148 days of gain-time before changing their interpretation of s.944.275 of the Florida Statutes, and does this constitute a due-process-violation, ex-post-facto-clause-violation, and equal-protection-clause-violation?

Docket Entries

2021-10-04
Petition DENIED.
2021-06-17
DISTRIBUTED for Conference of 9/27/2021.
2021-06-09
Waiver of right of respondent Fl DOC to respond filed.
2021-04-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 23, 2021)

Attorneys

Fl DOC
Beverly Bartlett BrewsterOffice of General Counsel, Respondent
Thomas McGill
Thomas R. McGill — Petitioner