Sheriff’s Motion to Dismiss Denied in Florida Jail’s “Postcard Only” Mail Policy Suit by A Florida federal district court has denied a sheriff’s motion to dismiss a pretrial detainee’s civil rights action that challenged a “postcard” only correspondence form. Marcie Hamilton, a prisoner in the Santa Rosa County Jail, filed …
Whether Prisoner Officials’ Actions Constitute Deliberate Indifference not Subject to Expert Opinion by U.S. District Judge John Steele granted in part and denied in part a motion in limine seeking to preclude expert opinion on whether the actions of prison officials constituted deliberate indifference. Michelle Goebert, a former Lee County, …
Peer Review Document Discoverable in Lawsuit Involving Prisoner’s Death by A Florida federal court ordered disclosure of a peer review document that concerned a prisoner’s death, holding the document is not privileged. The order requires the defendants, the Florida Department of Corrections and Prison Health Services, to provide the Memorandum …
Florida Jail Guard Awarded $600,000 in Defamation Suit; Award Vacated by A Florida jury awarded a former jail guard $600,000 for defamation and lost earnings against the ST. Lucie County Sheriff’s Office (SLCSO). In a post-trial motion, the Circuit Court dismissed the verdict. While working as a guard on July …
Florida Prisoner’s Retaliation Claim Reinstated by The Eleventh Circuit Court of Appeals reversed the dismissal of a Florida prisoner’s civil rights action alleging retaliation and due process violations. The Florida federal district court dismissed the action during the initial screening state, finding that prisoner Glenn Smith failed to state a …
Report Finds Federal Prisoners Exposed to Toxic Metals in Recycling Jobs by A four-year study by the U.S. Department of Justice’s Office of the Inspector General (OIG), released in October 2010, found that prisoners and employees at ten federal prisons were exposed to hazardous metals and materials while handling electronic …
CCA Psychiatrist’s License Restricted for Sexual Misconduct with Florida Female Prisoners by Florida’s Department of Health (FDH) issued an emergency order in March 2011 that placed restrictions on a psychiatrist accused of sexual misconduct while treating female prisoners at the Hernando County Jail (HCJ). At the time of the alleged …
Louisiana Sex Offender Agrees to Surgical Castration by David Reutter What should be done with sex offenders who are not prison guards, cops or priests is an emotionally-charged issue. Most states have adopted some form of civil commitment, but others have adopted the more drastic option of chemical and surgical …
FDOC Pen Pal Advertising Ban Passes Constitutional Scrutiny by David Reutter by David M. Reutter In January 2011, a federal district court granted summary judgment to the Florida Department of Corrections (FDOC) in a lawsuit challenging FDOC rule 33-210.101(9), Florida Administrative Code, which prohibits prisoners from advertising for pen pals …
Former Florida Prison Guard Sues for Reinstatement Under Whistleblower Act by The Florida Department of Corrections (FDOC) has been sued for retaliation under the state’s whistleblower act by a former guard. The suit, filed by lawyers for John Pisciotta, seeks back pay, reinstatement of his job, damages and attorney fees. …
Florida’s Prison Industry Criticized for Failing in Mission by David Reutter Florida’s prison industry program is “making a few people very wealthy while operating ... in a manner entirely inconsistent with its mission,” according to advisors to Governor Rick Scott, in a transition report released in December 2010. The mission …
Brown et al v. Haddock et al, FL, Plf Res in Opposition of Def Mot for Bifurcation, overlapping evidence, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION RALPH WALTER BROWN, et al., Plaintiffs, Case No.: 5:10-cv-130-RS v. HON. BOBBY HADDOCK, et al., …
Johnson v. Stapp, FL, Interrogatories to Defendant William Churchwell, DOC Misconduct, 2011 Plaintiff’s First Interrogatories to Defendant William Churchwell Defendant William Churchwell will be referred to herein as “Defendant or “you.” Department of Corrections is “Department” and Northwest Florida Reception Center is “Prison.” The date of the matter sued upon …
Johnson v. Stapp, FL, Interrogatories to Defendant John Hassett, DOC Misconduct, 2011 Plaintiff’s First Interrogatories to Defendant William Churchwell Defendant William Churchwell will be referred to herein as “Defendant or “you.” Department of Corrections is “Department” and Northwest Florida Reception Center is “Prison.” The date of the matter sued upon …
Johnson v. Stapp, FL, Interrogatories to Defendant Joseph Stapp, DOC Misconduct, 2011 Plaintiff’s First Interrogatories to Defendant Joseph Stapp Defendant Joseph Stapp will be referred to herein as “Defendant or “you.” Department of Corrections is “Department” and Northwest Florida Reception Center is “Prison.” The date of the matter sued upon …
Doe v. Crews, FL, Plaintiff’s Second Interrogatories, Inmate Abuse by Guards, 2011 Plaintiff’s Second Interrogatories to Defendant Michael Crews Defendant Michael D. Crews will be referred to herein as “Defendant or “you.” Department of Corrections is “Department” and Northwest Florida Reception Center is “Prison.” The date of the matter sued …
Filing Fee Lien Quashed in Florida Prisoner’s Gaintime Challenge by Florida’s First District Court of Appeals has, begrudgingly, reversed Leon County Circuit Court’s imposition of a filing fee lien in an action challenging the Florida Department of Corrections’ (FDOC) revocation of a prisoner’s gaintime. Prisoner Howard McGee filed a Mandamus …
Florida Reenacts Reconstruction-Era Felon Disenfranchisement Rule by David Reutter On March 9, 2011, Florida’s executive clemency board unanimously voted to make it more difficult for ex-felons to have their civil rights restored – including the right to vote, sit on a jury and hold public office. Rather than automatic restoration …
Protective Order Denied in Privately Run Florida Juvenile Facility Class-Action Suit by David Reutter A Florida federal district court has denied a motion for a protective order filed by the defendants in a class-action lawsuit brought by five current or former residents of Thompson Academy, a juvenile facility managed by …