No. 90-2243-CIV.

747 F.Supp. 692 (1990)

Richard ESSEN, Plaintiff, v. Leonard R. MELLON, Executive Director of the Florida Department of Highway Safety and Motor Vehicles, and Bobby Burkett, Director of the Division of Highway Patrol of the Florida Department of Highway Safety and Motor Vehicles, Defendants.

United States District Court, S.D. Florida.

October 12, 1990.

Attorney(s) appearing for the Case

Arthur Walberg, Asst. Atty. Gen., Tallahassee, Fla., for defendant.

Enoch Whitney, Gen. Counsel, Tallahassee, Fla., Dept. of Highway Safety & Motor Vehicles.

Ross Bricker, Miami, Fla., on behalf of ACLU, for plaintiff.

Karen Gievers, Miami, Fla., on behalf of Operation Safe Drive.


MORENO, District Judge.

THIS CAUSE came before the Court upon the plaintiff's Complaint for Injunctive and Declaratory Relief under Titles 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201, 1331, and 1343. The plaintiff is an attorney who represents drivers whose licenses have been affected by a new Florida state statute, specifically F.S. § 322.2615. Such statute provides for immediate suspension...

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