469 F.2d 1084 (5th Cir. 1972), 71-2202, Rogers v. Slaughter

Docket Nº:71-2202 [*]
Citation:469 F.2d 1084
Party Name:C. Gary ROGERS, Plaintiff-Appellee, v. S. Morgan SLAUGHTER, as Clerk of the Municipal Court of the City of Jacksonville, Florida, et al., Defendants-Appellants.
Case Date:November 21, 1972
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 1084

469 F.2d 1084 (5th Cir. 1972)

C. Gary ROGERS, Plaintiff-Appellee,

v.

S. Morgan SLAUGHTER, as Clerk of the Municipal Court of the City of Jacksonville, Florida, et al., Defendants-Appellants.

No. 71-2202 [*]

United States Court of Appeals, Fifth Circuit.

November 21, 1972

James C. Rinaman, Jr., Gen. Counsel, David U. Tumin, C. E. Nilson, Jacksonville, Fla., for defendants-appellants.

Russell H. Showalter, Jr., Duval County Legal Aid Assn., Jack G. Hand, Jr., Jacksonville, Fla., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

PER CURIAM:

This case concerns that portion of a federal district court order requiring that all references to a conviction which was overturned on constitutional grounds be struck from the city's official records. We conclude the order was overbroad.

Appellee Rogers, a Duval County public school teacher, accidentally fired a

Page 1085

pistol he had brought to school, was subsequently convicted in Jacksonville Municipal Court of "discharging a firearm," elected to pay a $251.00 fine rather than serve fifty days in jail, and soon after tendered his resignation to the School Board.

Rogers sought relief from this conviction in the United States District Court on the ground that he had not been advised of his right to counsel. The Court declared the conviction unconstitutional and ordered that appellants strike and expunge from both the School Board records and the municipality's records any reference to his arrest, trial, or conviction.

Appellants dispute neither appellee's standing nor the lower court's conclusion that the conviction was unconstitutional. They object only to that portion of the order requiring the alteration of public records.

We pretermit, therefore, any consideration of the application of Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972), to this case in which only a fine was assessed and assume the correctness of the District Court's determination that Rogers' conviction should be set aside.

The District Court, nevertheless, went too far in ordering the expunction of the official public records. This remedy gave the defendant more relief than if he had been acquitted.

Carrying and discharging a concealed weapon does constitute a...

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