Spradley v. Kemp

This is an appeal of an order which dismissed appellant’s complaint for failure to state a cause of action. We reverse.

Appellant filed a complaint alleging a violation of his civil rights based upon the *507actions of various Department of Corrections’ employees. The trial court dismissed the complaint for failure to state a cause of action. We have reviewed appellant’s brief and the record. Unfortunately, the appel-lees affirmatively chose not to file a brief.1 Admittedly, appellees are not required to file a brief, Board of Optometry v. Florida Society of Ophthalmology, 538 So.2d 878, 889 (Fla.…