Graham v. Vann
| Citation | 394 So.2d 178 |
| Decision Date | 13 February 1981 |
| Docket Number | XX-334 and XX-490.,No. XX-293,XX-293 |
| Parties | Bob GRAHAM, Individually and in His Official Capacity As Governor of the State of Florida; and Louie L. Wainwright, Individually and in His Official Capacity As Secretary of Florida Department of Corrections, Appellants, v. James VANN, Larry Anderson, Harry Mungin, Charles Green, Willie Middleton, James Sparks, William Hill, Phillip Elliott and Floyd Price, Appellees. |
| Court | Florida District Court of Appeals |
Jim Smith, Atty. Gen., Kent A. Zaiser, Asst. Atty. Gen., Tallahassee, for appellants.
Alan R. Parlapiano, Public Defender, Jack J. Fine, Asst. Public Defender, Gainesville, for appellees.
This case is before us to review an interlocutory order of the Circuit Court of the Eighth Judicial Circuit in and for Bradford County, Florida denying a motion of the appellants/respondents to dismiss for improper venue or in the alternative to transfer venue to the Circuit Court of the Second Judicial Circuit.
The petitioners/appellees are all convicted felons and inmates of Florida State Prison who, on May 29, 1980, filed a Petition for Writ of Habeas Corpus in Case No. 80-230 (docket number XX-293). On June 30, 1980, the petitioners, with the exception of Charles Green, filed a Complaint for Declaratory Relief in Case No. 80-271 (docket number XX-490). On the same date petitioners, with the exception of Charles Green, filed a Petition for Injunctive Relief pursuant to 42 U.S.C. § 1983 in Case No. 80-272 (docket number XX-334). Petitioners complain that they are lawfully incarcerated for various felonies, and that as a result of violent conditions at the prison, inadequate security measures, inadequate staff training, insufficient number of staff, overcrowded conditions and physical plant deficiencies, they are being deprived of basic constitutional rights.
The petitions were filed in Bradford County, Florida, site of the prison. The respondents maintain their principal headquarters in Leon County, Florida, which is located within the Second Judicial Circuit. All parties agree that it is the general rule of law in this state that absent waiver or exception in civil actions brought against the state, its agencies or subdivisions, venue properly lies in the county where the agency maintains its principal headquarters. Florida Public Service Commission v. Triple "A" Enterprises, Inc., 387 So.2d 940 (Fla. 1980); Carlile v. Game & Fresh Water Fish Commission, 354 So.2d 362 (Fla. 1978); Department of Revenue v. First Federal Savings & Loan Association of Fort Myers, 256 So.2d 524 (Fla. 2d DCA 1971). A recognized exception exists where the petitioner's action is in the nature of a shield against the state's thrust. The rationale of this so-called "sword-wielder" doctrine announced in First Federal, supra, is stated in 34 Fla.Jur. Venue, § 27:
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