Pesci v. Budz, No. 12-11144 (11th Cir. 2013)
Annotate this CasePlaintiff, a civil detainee at the Florida Civil Commitment Center (FCCC), was involuntarily committed pursuant to Fla. Stat. 394.910 et seq. Plaintiff filed suit under 42 U.S.C. 1983, alleging that defendant, the facility director at the center, violated his expressive freedoms under the First and Fourteenth Amendments by promulgating a policy that limited all residents of the center from copying plaintiff's newsletter. In November 2010, after litigation had begun but before the district court had entered summary judgment for defendant, defendant adopted a new, different, and stricter policy. The court vacated and remanded, concluding that the district court should consider the constitutionality of the November 2010 policy along with the earlier policy in order to avoid piecemeal adjudication of the two policies.
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