Savage v. Hassell
MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 3/17/2016. (JLC)
2016 Mar-17 AM 10:13
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
ANTHONY EVERTON SAVAGE,
SCOTT W. HASSELL,
Case No. 4:15-cv-0601-VEH-JHE
On April 9, 2015, Petitioner Anthony Everton Savage (“Savage”) filed a petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1). At the time he filed his petition,
Savage, a native of Jamaica, was incarcerated at the Etowah County Detention Center, in the
custody of the Bureau of Immigration and Customs Enforcement (“ICE”).
In his petition,
Savage alleged that he was being illegally detained by ICE pending his deportation to Jamaica.
On March 10, 2016, Savage was deported from the United States. (Doc. 12, 12-1). Respondent
has filed a motion to dismiss the action as moot, since Savage is no longer in ICE custody.
(Doc. 12). For the reasons stated below, Respondent’s motion will be granted and the action
dismissed as moot.
Article III of the Constitution limits the jurisdiction of federal courts to the consideration
of “cases or controversies.” U.S. CONST. art. III, § 2. The doctrine of mootness is derived from
this limitation because “an action that is moot cannot be characterized as an active case or
controversy.” Adler v. Duval Cnty. Sch. Bd., 112 F.3d 1475, 1477 (11th Cir. 1997). A case is
moot and must be dismissed if the court can no longer provide “meaningful relief.” Nyaga v.
Ashcroft, 323 F.3d 906, 913 (11th Cir. 2003) (citations omitted). Savage’s release from ICE
custody rendered his petition moot.
The relief Savage sought in his petition is to be released from ICE custody. Because
Savage is no longer in ICE custody, his petition has been rendered moot, unless an exception to
the mootness doctrine applies. There are two exceptions to the mootness doctrine: (1) collateral
consequences and (2) “capable of repetition yet evading review.” Carafas v. LaVallee, 391 U.S.
234, 237 (1968); Murphy v. Hunt, 455 U.S. 478, 482 (1982). Neither exception applies here.
The collateral consequences exception does not apply because there are no “disabilities or
burdens which may flow” from the custody that Savage challenges. See Carafas, 391 U.S. at
237. The exception for events “capable of repetition, yet evading review” does not apply here
either. Petitioner has been deported, and the potential circumstances of this case happening again
are too speculative to create an actual controversy sufficient to support a claim for relief. See
Weinstein v. Bradford, 423 U.S. 147, 149 (1975) (holding that the “capable of repetition, yet
evading review” exception applies when (1) the challenged action is too short in duration to be
fully litigated prior to its cessation or expiration, and (2) there is a reasonable expectation that
the same complaining party would be subjected to the same action again.). Because there is no
longer any relief that can be granted to Savage, his petition is due to be dismissed as moot.
Based on the foregoing, the Respondent’s motion to dismiss, (doc. 12), is GRANTED.
A separate order will be entered.
DONE this 17th day of March, 2016.
VIRGINIA EMERSON HOPKINS
United States District Judge
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