· 5/14/2013
Bruce Rich v. Secretary, Florida Department of Corrections
Citations
- 716 F.3d 525
- 2013 WL 1953526
- 2013 U.S. App. LEXIS 9642
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that although the government carried a lesser burden than other actors under the voluntary cessation exception, it nonetheless failed to meet its burden
- holding the FDOC failed to carry its burden because the policy change was made only after the plaintiff filed a counseled brief, and officials continued to defend the conduct as constitutional
- noting Florida has “never promised not to resume the prior practice” (internal quotation marks omitted)
- voluntary resumption of kosher prison meal program did not moot case when defendant could “simply end” program as it had in the past
- inmate plaintiff’s claim was not moot where, after litigation commenced, prison officials began offering kosher meals only at the plaintiff’s facility
- “There is nothing to suggest that Florida will not simply end the new kosher meal program at some point in the future, just as it did in 2007.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Martin, Hill, Barksdale
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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