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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 18-12685
Non-Argument Calendar
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D.C. Docket No. 1:18-cv-21501-CMA
JOHN H. NELSON,
Plaintiff-Appellant,
versus
JOHN DOES,
State Legislators Employed at the Capitol,
STATE ATTORNEY, OFFICE OF THE STATE ATTORNEY,
11TH JUDICIAL CIRCUIT OF MIAMI DADE COUNTY,
Circuit Court Judges in their official capacity,
JOHN DOE, I,
State Legislator,
JOHN DOE, II,
State Legislator, et al.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Florida
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(March 8, 2019)
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Before ED CARNES, Chief Judge, JORDAN, and GRANT, Circuit Judges.
PER CURIAM:
John Nelson was sentenced to life imprisonment under Florida law. He then
brought a pro se action under 42 U.S.C. § 1983 against Florida legislators claiming
that his life sentence is unconstitutionally indefinite under the Florida constitution
and violates the Fourteenth Amendment of the constitution of the United States.
The district court dismissed Nelson’s complaint sua sponte. He now appeals.
We review de novo a district court’s dismissal of a complaint for failure to
state a claim under 28 U.S.C. § 1915(e)(2)(b)(ii) viewing the allegations in the
complaint as true. Mitchell v. Farcass, 112 F.3d 1483, 1490 (11th Cir. 1997).
Dismissal of a case is available when a defense “is an obvious bar given the
allegations.” Sibley v. Lando, 437 F.3d 1067, 1070 n.2 (11th Cir. 2005). Absolute
immunity protects state legislators when their actions “are necessary to preserve
the integrity of the legislative process.” Yeldell v. Cooper Green Hosp., Inc., 956
F.2d 1056, 1062 (11th Cir. 1992) (quotation marks omitted).
Here the defendants are clearly entitled to absolute immunity for their
legislative actions. Nothing could be so clearly within the “sphere of legitimate
legislative activity” than debating and enacting legislation. See Tenney v.
Brandhove, 341 U.S. 367, 376, 71 S. Ct. 783, 788 (1951). And even if immunity
did not bar Nelson’s suit, it would lack merit because the Florida Supreme Court
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has held that life sentences are not unconstitutionally indefinite under the Florida
constitution and the United States Supreme Court has held that life sentences do
not violate the federal constitution. See Ratliff v. State, 914 So. 2d 938, 940 (Fla.
2005); Harmelin v. Michigan, 501 U.S. 957, 995, 111 S. Ct. 2680, 2701 (1991).1
AFFIRMED.
1
Nelson also moved to appoint counsel and certify a class consisting of all prisoners
sentenced to life imprisonment under Florida law, as well as for a preliminary injunction and
declaratory judgment finding that such sentences are unconstitutional. Nelson’s contention that
the district court abused its discretion in denying these motions is unavailing. The Supreme
Court of Florida and the Supreme Court of the United States have unambiguously rejected
Nelson’s constitutional claims. We cannot say that the district court abused its discretion in
finding that there were no exceptional circumstances warranting the appointment of counsel, and
that Nelson’s claims were unlikely to succeed on the merits. See Fowler v. Jones, 899 F.2d
1088, 1096 (11th Cir. 1990) (noting that the appointment of counsel is appropriate only when
exceptional circumstances are present, such as when “the facts and legal issues are so novel or
complex as to require the assistance of a trained practitioner.”); Siegel v. LePore, 234 F.3d 1163,
1176 (11th Cir. 2000) (en banc) (finding that injunctive relief is inappropriate where a plaintiff is
unlikely to succeed on the merits).
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