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KEARNEY v. BARKER

No. 4D01-4524.

834 So.2d 347 (2003)

Kathleen A. KEARNEY, Secretary, Department of Children And Families, and the State of Florida, Appellants, v. Tom BARKER, Appellee.

District Court of Appeal of Florida, Fourth District.

January 8, 2003.

Attorney(s) appearing for the Case

Charlie Crist, Attorney General, Tallahassee, and Maria J. Patullo, Assistant Attorney General, West Palm Beach, and Richard L. Polin, Senior Assistant Attorney General, Miami, for appellant State of Florida.

Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellee.

PER CURIAM.

The State appeals the trial court's order granting habeas corpus from disciplinary segregation imposed on Tom Barker while he was being held by the State waiting for a Jimmy Ryce Act hearing.

The incidents leading to disciplinary segregation occurred while Barker was a ward of the Department of Children and Families and a resident of South Bay Facility, a facility which houses those waiting for Jimmy...

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