$52,500 for Trans Florida Prisoner Sexually Assaulted by Cellmate
Florida Department of Corrections (DOC) prisoner Joseph “Joey” Luzier III, a transgender woman, was housed at the Tomoka Correctional Institution, a men’s facility, when on August 25, 2020, she was placed in a cell with Rene Valentin Rivas—a registered sexual predator who was suspected of sexually assaulting two other prisoners. At the time, Luzier was awaiting a protective management decision.
Although Luzier had a transgender shower pass and was supposed to shower alone, a guard forced her to shower with Rivas. Once they returned to their cell, which was in a lockdown unit, Rivas forced Luzier to perform oral sex under threat of assaulting her. He also anally and digitally raped her. She reported the incident the next day. An investigation was opened pursuant to the Prison Rape Elimination Act (PREA), 42 U.S.C. ch. 147 § 15601 et seq. A rape kit was also completed. DNA results from the exam led to sexual battery charges against Rivas, who reportedly pleaded guilty on September 18, 2024, receiving a 15-year sentence. See: State v. Rivas, Fla. 20th Jud. Cir. (Volusia Cty.), Case No. 2022-303621.
Luzier filed grievances alleging misconduct by prisonstaff who placed her in the cell with Rivas, but her complaints were denied. One DOC officialwrote that “the grievance process is not to be utilized to ask questions, seek information, guidanceor assistance.” The prisoner then retained counsel and filed suit in federal court. In her complaint, which raised claims of failure to protect and failure to intervene, she alleged she had been put in the cell with Rivas due to her transgender status and prior criminal charges, which involved offenses against law enforcement officers. DOC Sgt. Cleveland Wheeler reportedly told Luzier that “Rivas had a documented history of sexually assaulting his cellmates and that the two would get along well together.”
Although Luzier expressed fear about being celled with Rivas, one of the guards told her “I don’t give a shit,” and she was threatened with chemical agents if she refused. The complaint also included a supervisory liability claim against Wheeler “for his own sick, malicious, and non-penological purposes” in housing Luzier in the cell with Rivas despite an obvious risk of harm.
Defendants filed a motion to dismiss that was denied in October 2024. A notice of settlement was then entered by the district court on November 21, 2024. According to Luzier, who provided PLN with extensive documentation about the case, the settlement amount was $52,500.
“I feel very fortunate to be able to have received the JUSTICE I deserve due to the trauma I suffered not only on August 25, 2020, but have to deal with emotionally and mentally the rest of my life,” she wrote. Without support from her family and attorney, she added, “this would have just been brushed under the rug like, sadly, so many cases like mine are.” Luzier was represented by Atlanta attorney James M. Slater with Slater Legal PLLC. See: Luzier v. Wheeler, USDC (M.D. Fla.), Case No. 6:24-cv-00916.
Additional source: FDOC Inspector General Criminal Investigation, Case No. 20-15261
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Related legal case
Luizier v. Wheeler
| Cite | USDC (M.D. Fla.), Case No.6:24-cv-00916 |
|---|---|
| Level | District Court |
| Conclusion | Settlement |