McCUISTON v. WANICKA

No. 85-2493.

483 So.2d 489 (1986)

Timmy Ray McCUISTON, Petitioner, v. Frank WANICKA, As Sheriff of Lee County, Florida, Respondent.

District Court of Appeal of Florida, Second District.

February 14, 1986.


Attorney(s) appearing for the Case

Robert J. Coleman, Fort Myers, for petitioner.

Stephen E. Hooper, Fort Myers, for respondent.


RYDER, Chief Judge.

Timmy Ray McCuiston petitions this court for a writ of certiorari to review an order of the circuit court abating McCuiston's civil suit against respondent Frank Wanicka, the Sheriff of Lee County. We grant the petition for certiorari and remand this case to the circuit court with directions to permit McCuiston to proceed with his lawsuit.

McCuiston, while a pretrial detainee in the Lee County Jail, allegedly was assaulted by another prisoner...

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