Lucas v. State

Gary Lucas appeals the dismissal of a filing he made in the circuit court that was styled “Lawsuit for False Imprisonment.” The circuit court treated this filing as a motion for postconvictíon relief in his criminal case, found that Mr. Lucas’s proper remedy was to pursue appeals of a previously denied motion under Florida Rule of Criminal Procedure 3.800(a) and a previously denied petition for a writ of habeas corpus, and dismissed it.' It is, however, plain that Mr. Lucas intended this filing to be a civil complaint: he titled it a “lawsuit,” named defendants; chose a cause of action,…