ALLEN v. SCORE (2018)

District Court of Appeal of Florida, First District.

Derrick ALLEN, Appellant, v. R.M. SCORE, Senior Clerk, T.R. Washington, Senior Class Officer, J.N. Been, Lieutenant, Michael Booker, Acting Warden, and Richard D. Comerford, Superintendent, Santa Rosa Correctional Institution, and Julie L. Jones, Secretary, Florida Department of Corrections, Appellees.

No. 1D17-2902

Decided: August 01, 2018

Derrick Allen, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Kenneth S. Steely, Assistant Attorney General, Tallahassee, for Appellees.

Appellant challenges the trial court's order dismissing his action against Appellees in which he alleged that he was wrongfully disciplined at his correctional institution. The court dismissed the action with prejudice for a number of reasons, including the failure to state a cause of action for damages in tort, the untimeliness of the filing, res judicata and collateral estoppel, and immunity of the individual defendants. We affirm.

We additionally conclude that this appeal is frivolous. Accordingly, the Clerk of this Court is directed to provide a certified copy of this opinion to the Department of Corrections for referral to the appropriate institution for disciplinary procedures. See § 944.279, Fla. Stat. (providing that a prisoner who is found by a court to have brought a frivolous suit, action, claim, proceeding, or appeal is subject to disciplinary procedures pursuant to the rules of the Department of Corrections).

Affirmed.

Per Curiam.

Ray, Kelsey, and Winsor, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network