No. 23-246

Donivon Craig Tingle v. Florida Department of Health

Lower Court: Florida
Docketed: 2023-09-14
Status: Denied
Type: Paid
Response Waived
Tags: due-process equal-protection governmental-action inherent-powers medical-marijuana pigford-v-glickman race-discrimination strict-scrutiny
Latest Conference: 2024-01-05
Question Presented (from Petition)

1. Whether the actions of Florida, through its legislative and executive branches in passing, implementing, and enforcing the Rule and the Statute constitute government action that discriminates between similarly situated members of a suspect class based solely upon their race without serving a compelling governmental interest and narrowly tailored to support that interest.

2. Whether strict scrutiny is the correct standard of Constitutional review to apply to race-based discrimination and did the trial court properly apply that standard.

3. Whether Florida has violated the Petitioner's rights to Equal Protection under the United States Constitution, the Florida Constitution, and United States Supreme Court precedent by affording greater rights and protections to recognized black-class members to the exclusion of Native American-class members similarly situated.

4. Whether the actions of the lower courts either singularly or combined violate the Due Process rights afforded under the U. S. Constitution and the Florida Constitution and inure for the benefit and protection of the Petitioner, a Native American and Keepseagle class member.

5. Whether this Court and the lower courts have the Inherent Power to order the Florida Department of Health to issue a Medical Marijuana Treatment Center (MMTC) license to Petitioner based upon the well-settled powers and principles of the Inherent Powers Doctrine.

Question Presented (AI Summary)

Whether the actions of Florida constitute government action that discriminates between similarly situated members of a suspect class based solely upon their race without serving a compelling governmental interest and narrowly tailored to support that interest

Docket Entries

2024-01-08
Petition DENIED.
2023-12-06
DISTRIBUTED for Conference of 1/5/2024.
2023-12-01
Waiver of right of respondent Florida Department of Health to respond filed.
2023-10-13
Motion to extend the time to file a response is granted and the time is extended to and including November 15, 2023.
2023-10-11
Response to motion to extend the time to file a response from petitioner filed.
2023-10-09
Motion to extend the time to file a response from October 16, 2023 to November 15, 2023, submitted to The Clerk.
2023-09-14
Waiver of right of respondent Ashley Moody, Attorney General of Florida to respond filed.
2023-09-12
Petition for a writ of certiorari filed. (Response due October 16, 2023)
2023-08-17
Application (23A142) granted by Justice Thomas extending the time to file until September 21, 2023.
2023-08-09
Application (23A142) to extend the time to file a petition for a writ of certiorari from August 22, 2023 to September 29, 2023, submitted to Justice Thomas.

Attorneys

Ashley Moody, Attorney General of Florida
Miguel Antonio Olivella Jr.Florida Office of the Attorney General, Respondent
Donivon Tingle
Donivon Craig TingleThe Tingle Law Firm, Petitioner
Florida Department of Health
Eduardo Santiago LombardLombard Miles PLLC, Respondent
Eduardo S. LombardLombard Law, Respondent