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CLEVELAND v. WILKEN

No. 95-8784-CIV.

917 F.Supp. 794 (1996)

John CLEVELAND, Venant Joseph Ruddy Peart, Garnett Burton, Peter Mathurin, Patrick Phillip, Gregory Schell, Sarah Cleveland, T.A. Wyner, and the American Civil Liberties Union of Florida, Inc., Plaintiffs, v. Dorothy WILKEN, Clerk of Court of the Fifteenth Judicial Circuit, and Robert Butterworth, In His Official Capacity as Attorney General of the State of Florida, Defendant.

United States District Court, S.D. Florida.

February 27, 1996.

Attorney(s) appearing for the Case

Michael Ray Masinter, Fort Lauderdale, FL, James Kellogg Green, James K. Green, P.A., West Palm Beach, FL, for Plaintiffs.

Lonniell Olds, Olds & Stephens, West Palm Beach, FL, for Clerk of Court.

Scott Masel, Florida Attorney General's Office, Dept. of Legal Affairs, Civil Division, Hollywood, FL, for Butterworth.

ORDER

GONZALEZ, District Judge.

Plaintiffs in this case are migrant farm workers and their legal services attorneys; a civil rights activist; and the American Civil Liberties Union of Florida, Inc. According to Plaintiffs, Florida Statute § 57.011 imposes upon them a constitutionally impermissible burden, and has barred or threatens to bar their access to state courts. The challenged section provides as follows:

When a nonresident plaintiff...

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