AUSTIN v. CROSBY

No. 5D03-1834.

866 So.2d 742 (2004)

Lynn AUSTIN, Appellant, v. James CROSBY, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

February 13, 2004.


Attorney(s) appearing for the Case

Lynn Austin, Lowell, Pro Se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Carrie R. McNair, Assistant Attorney General, Tallahassee, for Appellee.


MONACO, J.

We are presented by this appeal with the question concerning whether mandamus is the proper remedy for compelling prison officials to honor an inmate's request to be allowed to perform certain religious rites in prison. We hold because the appellant has not demonstrated that she has an established legal right to be permitted to perform these rites, and because the appellee does not have an indisputable ministerial duty, mandamus does not lie.

The...

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