Smith v. Florida Department of Corrections

Glenn Smith appeals the order dismissing his petition for declaratory judgment/complaint for writ of mandamus seeking to overturn disciplinary action the Department of Corrections (DOC) took against him for violating the DOC rule against fighting. See Fla. Admin. Code. R. 33-601.314, § 2-4 (formerly Fla. Admin. Code R. 33-22.012, § 2-4) (the fighting rule).

A state prisoner, he contends that the fighting rule is unauthorized and unconstitutional because it makes even self-defense a violation of the rule. The trial court did not address the merits of Mr. Smith’s petition in this regard, nor do…