Benjamin Alfonso Holland v. E. Wilson Purdy, as Sheriff of Dade Cnty., Florida, 457 F.2d 802 (5th Cir. 1972). · Go Syfert
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Benjamin Alfonso Holland v. E. Wilson Purdy, as Sheriff of Dade Cnty., Florida, 457 F.2d 802 (5th Cir. 1972). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, 2020–2022 · …since holland was no longer subjected to the complained-of conditions at the time this litigation was instituted, nor is he at the present time, the petition should have been dismissed on the ground of mootness. at p. 803 ✓
26 citation events (18 in the last 25 years) across 7 distinct courts.
Strongest positive: Henson v. Walker County (alnd, 2022-03-07)
Treatment trajectory · 1973 → 2026 · click a year to view as-of
1973 1999 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Henson v. Walker County
N.D. Ala. · 2022 · quote attribution · 1 verbatim quote · confidence high
since holland was no longer subjected to the complained-of conditions at the time this litigation was instituted, nor is he at the present time, the petition should have been dismissed on the ground of mootness.
examined Cited as authority (verbatim quote) Henson v. Walker County
N.D. Ala. · 2020 · quote attribution · 1 verbatim quote · confidence high
since holland was no longer subjected to the complained-of conditions at the time this litigation was instituted, nor is he at the present time, the petition should have been dismissed on the ground of mootness.
discussed Cited as authority (rule) Hampton v. Oliver
M.D. Ala. · 2022 · confidence medium
See McKinnon v. Talladega Cnty., Ala., 745 F.2d 1360, 1363 (11th Cir. 1984) (“The general rule is that a prisoner’s transfer or release from jail moots his individual claim for declaratory and injunctive relief.”); Holland v. Purdy, 457 F.2d 802, 802-03 (5th Cir. 1972)* (remanding with instructions to dismiss the prisoners declaratory and injunctive claims because the prisoner had been transferred to another jail prior to the filing of his pleadings). * In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), the Eleventh Circuit Court of Appeals adopted as binding …
cited Cited as authority (rule) Jesus John Hernandez v. W.L. Garrison, Warden
5th Cir. · 1990 · confidence medium
See Hooten v. Jenne, 786 F.2d 692 , 697 n. 6 (5th Cir.1986); Holland v. Purdy, 457 F.2d 802, 803 (5th Cir.1972).
discussed Cited "see" OLDAKER v. GILES
M.D. Ga. · 2024 · signal: see · confidence high
See McKinnon v. Talladega Cnty., 745 F.2d 1360 , 1363 (11th Cir. 1984) (citing Holland v. Purdy, 457 F.2d 802, 802 (5th Cir. 1972)) (“the general rule is that a prisoner’s transfer or release from a jail moots his individual claim for declaratory and injunctive relief”); Gayle v. Meade, 614 F. Supp. 3d 1175 , 1236 (S.D.
discussed Cited "see" OLDAKER v. GILES
M.D. Ga. · 2024 · signal: see · confidence high
See McKinnon v. Talladega Cnty., 745 F.2d 1360 , 1363 (11th Cir. 1984) (citing Holland v. Purdy, 457 F.2d 802, 802 (5th Cir. 1972)) (“the general rule is that a prisoner’s transfer or release from a jail moots his individual claim for declaratory and injunctive relief”); Gayle v. Meade, 614 F. Supp. 3d 1175 , 1236 (S.D.
discussed Cited "see" Weaver v. Wilcox
3rd Cir. · 1981 · signal: accord · confidence high
Accord, Holland v. Purdy, 457 F.2d 802, 803 (5th Cir. 1972) (per curiam) (plaintiffs case considered to be “moot” because he was no longer subject to the complained of condition at the time he instituted his litigation); Wilson v. Prasse, 325 F.Supp. 9, 12 (W.D.Pa.1971) (plaintiffs request for injunctive relief dismissed as moot because he had been transferred to another institution, case proceeded to trial on question of damages).
discussed Cited "see" Weaver v. Wilcox
3rd Cir. · 1981 · signal: see · confidence high
See Wright v. Cuyler, 624 F.2d 455, 457-59 (3d Cir. 1980) 13 Accord, Holland v. Purdy, 457 F.2d 802, 803 (5th Cir. 1972) (per curiam) (plaintiff's case considered to be "moot" because he was no longer subject to the complained of condition at the time he instituted his litigation); Wilson v. Prasse, 325 F.Supp. 9, 12 (W.D.Pa.1971) (plaintiff's request for injunctive relief dismissed as moot because he had been transferred to another institution, case proceeded to trial on question of damages).
Retrieving the full opinion text from the archive…
Benjamin Alfonso HOLLAND, Petitioner-Appellant,
v.
E. Wilson PURDY, as Sheriff of Dade County, Florida, Respondent-Appellee
71-3090.
Court of Appeals for the Fifth Circuit.
Mar 17, 1972.
457 F.2d 802
1972 U.S. App. LEXIS 10666
Benjamin Alfonso Holland, pro se., Robert L. Shevin, Atty. Gen., Joel D. Rosenblatt, Asst. Atty. Gen., Miami, Fla., for respondent-appellee.
Bell, Dyer, Clark.
Cited by 18 opinions  |  Published
PER CURIAM:

This is an appeal from the district court’s dismissal of Holland’s petition for injunctive relief, filed pursuant to 42 U.S.C.A. § 1983. We vacate and remand.

In his petition in the district court, Holland contended that he had been subjected to cruel and unusual punishment from June 16, 1971 until June 29, 1971, while incarcerated at the Dade County, Florida, Jail. He alleged that he was subjected to physical duress, and that the officials at the jail refused to permit him to see a notary public or send out any legal documents. In his complaint, Holland sought to have the officials at the Dade County Jail enjoined from such practices.

At the time his pleadings were filed in the district court, Holland had been transferred from the Dade County Jail to another penal institution in the[*803] State of Florida. Since Holland was no longer subjected to the complained-of conditions at the time this litigation was instituted, nor is he at the present, time, the petition should have been dismissed on the ground of mootness. McCarroll v. Morrow, 5 Cir. 1971, 435 F.2d 560; Bryant v. Blackwell, 5 Cir. 1970, 431 F.2d 1203.

The judgment of the district court dismissing the action for failure to state a claim upon which relief could be granted is vacated and the cause is remanded with directions to dismiss the action on the ground of mootness.

Vacated and remanded.