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|Current Court Information:|
|United States District Court for the Middle District of Florida|
|Appointed by:||George W. Bush|
|Active:||09/30/2008 - Present|
|Preceded by:||Patricia Fawsett|
|Past post:||Middle District of Florida, Magistrate|
|Home State:||Atlanta, GA|
|Undergraduate:||Duke U., B.A., 1983|
|Law School:||Florida State U. Law, J.D., 1987|
Early life and education
Scriven was licensed to practice law in the State of Florida, and worked as a private practice attorney from 1987 to 1997. She was also an associate professor at Stetson University College of Law from 1996 to 1997.
Middle District of Florida, Magistrate
Middle District of Florida
On the recommendation of U.S. Senator Mel Martinez, Scriven was nominated by George W. Bush on July 10, 2008, to a seat vacated by Patricia Fawsett. Scriven was confirmed by the U.S. Senate on September 26, 2008, and received commission on September 30, 2008.
Welfare drug testing case (2011-2013)
*Lebron v. Wilkins 6:11-cv-01473-MSS-DAB
On October 25, 2011, Judge Scriven issued a temporary injunction against a Florida state law that required mandatory drug testing for all applicants to the federal Temporary Assistance for Needy Families (TANF) program. The law, which was in effect briefly from July 1, 2011, until October 24, 2011, stated that if an applicant were to test positive for drugs, he would be "ineligible to receive TANF benefits for one year after the date of the positive test" unless he could establish that a substance abuse treatment program had been satisfactorily completed; in that case, the prospective applicant would be able to reapply for TANF six months after the positive drug test. The case was brought by the American Civil Liberties Union on behalf of Luis Lebron, a man who sought welfare assistance for his family but refused to take the drug test. In issuing the temporary injunction, Scriven described the law as "an unconstitutional invasion of privacy," noting that the state couldn't "condition [citizens from] getting some benefit from the government by surrendering [their] constitutional rights." Additional information about the ruling can be found here.
In December 2013, almost one year after the Eleventh Circuit decided to extend the drug-testing injunction following the government's appeal, Scriven issued a final ruling in this case, granting Lebron's motion for summary judgment on remand -- meaning that the case would be decided in Lebron's favor without a trial on its merits. Scriven found that Florida's drug-testing requirement for TANF welfare applicants and recipients was unconstitutional under the Fourth Amendment, issuing a permanent injunction against the law. In the ruling, Scriven wrote:
|“||The court finds there is no set of circumstances under which the warrantless, suspicionless drug testing at issue in this case could be constitutionally applied.||”|
Florida drug law challenge (2011)
*Mackle Vincent Shelton v. Secretary, Department of Corrections, et. al. Case No. 6:07-cv-839-Orl-35-KRS
On July 27, 2011, Judge Scriven declared Florida's Drug Abuse Prevention and Control law unconstitutional after it was challenged for not including an intent requirement. According to the ruling, Florida is the only state to have eliminated the intent requirement from its drug laws, which means that within the state, a "person is guilty of a drug offense if he delivers a controlled substance without regard to whether he does so purposefully, knowingly, recklessly, or negligently," according to Judge Scriven. She went on to say that "[o]ther states have rejected such a draconian and unreasonable construction of the law that would criminalize the ‘unknowing’ possession of a controlled substance," and found Florida’s drug law to be unconstitutional "on its face."
- Biography of Mary Stenson Scriven on the Federal Judicial Center website
- CNN, "Federal judge temporarily bars Florida's welfare drug-test law," October 25, 2011
- MSNBC.com, "Judge shoots down Rick Scott's welfare drug testing," January 2, 2014
- Courthouse News Service, "Welfare Drug Testing in Florida Given the Boot," January 17, 2014
- Wall Street Journal, "Florida Judge Declares State’s Drug Law Unconstitutional," July 27, 2011
|Federal judicial offices|
|Middle District of Florida
Chief Judge: Anne Conway • Elizabeth Kovachevich • Steven Merryday • James Whittemore • John Steele • James S. Moody • Tim Corrigan • Virginia Covington • Marcia Howard • Mary Scriven • Sheri Chappell • Charlene Honeywell • Roy Bale Dalton, Jr. • Brian J. Davis
Patricia Fawsett • George Young • Howell Melton • William Castagna • John Moore • William Hodges • George Sharp • Harvey Schlesinger • Susan Bucklew • Henry Adams • Richard Lazzara • John Antoon • Gregory Presnell •
|Magistrate judges||Thomas G. Wilson • Thomas McCoun, III • David A. Baker • Elizabeth Jenkins • Mark Pizzo • Karla Spaulding • Doug Frazier • Thomas Morris • Greg Kelley • James Klindt • Monte Richardson • Anthony E. Porcelli • Joel Toomey • Philip Lammens •|
|Former Article III judges|
|Former Chief judges|