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Article • September 15, 2011 • from PLN September, 2011
Florida’s House Speaker Wants to Quicken Executions by David Reutter by David M. Reutter Speeding up Florida’s execution machinery is a top priority for state House Speaker Dean Cannon. Cannon’s efforts to achieve that goal have included abolishing a commission that oversees death penalty cases and trying to reorganize the …
Article • September 15, 2011 • from PLN September, 2011
Florida Courts Criticize Indefinite Detention While Awaiting Civil Commitment Trials by Florida sex offenders who have completed their prison sentences may face a legal morass that leaves them stuck in indefinite detention while awaiting trial on whether they should be civilly committed. During such pre-trial detention they receive little to …
Florida Prisoner’s Suicide Suit Settles for $500,000 by A $500,000 settlement has been reached in a lawsuit stemming from the 2006 suicide of an 18-year-old Florida prisoner. The suit was filed by the parents and estate of Aleshia Napier against the Florida Department of Corrections (FDOC), two private medical contractors …
Former Federal Prisoner Seeks Almost $280,000 in Attorney Fees from BOP by In an unusual case, Nicole Michelle Defontes is seeking nearly $280,000 in “attorney’s fees, expert fees, and costs to challenge the Bureau of Prisons’ (BOP) violations of its own rules and regulations,” according to a motion filed in …
Brief • September 1, 2011
Bearden v. McKeithen et al, FL, Amended Complaint, jail suicide PTSD, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION ESTATE OF MAUREEN BEARDEN, by JAMES BEARDEN as Personal Representative of the Estate, and on behalf of the Survivors, Elizabeth and Brooke Villella, …
Brief • August 22, 2011
Steen v. City of Pensacola, FL, Order Re Defendant Motion to Dismiss, police car taser, 2011 Case 3:11-cv-00142-RV-CJK Document 67 Filed 08/22/11 Page 1 of 24 Page 1 of 24 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION CASSANDRA STEEN, Individually and as Personal …
Article • August 15, 2011
Prison Officials Losing War on Drug Smuggling by David Reutter by David M. Reutter Despite the closed environment and high security features of prisons, prison officials continue to lose the battle against drugs and other contraband smuggling. The results of interdiction efforts are often the same as those in America’s …
$1.2 Million Awarded Against PHS After Florida Jail Prisoner Paralyzed by A federal jury in Florida has awarded $1.2 million to a former prisoner who was paralyzed due to deliberate indifference to his serious medical needs while he was incarcerated at the Lee County Jail. The jury found that the …
Article • August 15, 2011 • from PLN August, 2011
Provision in Florida Law Prohibits Compensation to Wrongfully Convicted by David Reutter by David M. Reutter A “clean hands” provision in a Florida law designed to compensate wrongfully convicted prisoners is preventing most of those prisoners from receiving compensation. Of 13 men cleared by DNA evidence in Florida, only one …
Insider Trading Charges Against Private Prison Consultant Rejected by David Reutter by David M. Reutter A Florida federal district court has rejected insider trading charges brought against a consultant for Correctional Services Corporation (CSC). The civil complaint, filed in September 2008 by the Securities and Exchange Commission (SEC), charged Dr. …
Federal Guard Convicted, Facing Life for Conspiracy Leading to Prisoner's Death by Michael Brodheim Michael Brodheim In a rare prosecution of a corrections officer, a Florida federal jury convicted 33-year-old Erin Sharma of conspiring with fellow guard Michael Kennedy to deprive prisoner Richard Delano, 40, of his civil rights by …
Brief • August 3, 2011
MacKenzie v. McNeil et al, FL, Amended Complaint, 8th Am sanitation, 2011 Case 4:11-cv-00045-RH-WCS Document 16-1 Filed 08/03/11 Page 1 of 19 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION DARRYLL JOEL McKENZIE, Plaintiff, Case No. 4:11-cv-45-RH-WCS vs. WALTER McNEIL, STEVEN SINGER, TONY ANDERSON, …
Eleventh Circuit Holds Failure to Prove Physical Injury Accompanies Emotional Injury is Affirmative Defense by David Reutter By David M. Reutter The Eleventh Circuit Court of Appeals has held that 42 U.S.C. 1997e’s prohibition against a prisoner bringing a federal civil action for emotional injury without a prior showing of …
Article • July 15, 2011
Florida Supreme Court Rules on Cost Assessment by David Reutter By David M. Reutter In settling direct conflicts between two district courts of appeals decisions, the Florida Supreme Court has held that applying a statute retroactively to assess costs is not an ex post facto violation. The Court accepted review …
Article • July 15, 2011
Following Federal Court Practice, Florida State Courts Begin Secret Dockets by While court dockets and files are required to be open for public viewing under the U.S. Constitution, more and more courts are disregarding that provision and hiding selected case from the public’s view. In some cases, the matter totally …
Article • July 15, 2011 • from PLN July, 2011
Florida Pre-Release Officer’s Federal Convictions Affirmed by In a January 13, 2011 ruling, the Eleventh Circuit Court of Appeals upheld the criminal convictions of Florida pre-trial release officer Shynita Townsend for taking bribes to allow a releasee greater freedom. The appellate court’s decision affirmed Townsend’s convictions for knowingly and corruptly …
Brief • June 20, 2011
Steen v. City of Pensacola, FL, Brief Re Defendant Motion to Dismiss, police car taser, 2011 Case 3:11-cv-00142-RV-CJK Document 49 Filed 06/20/11 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA, DIVISION CASSANDRA STEEN, Individually, and as Personal Representative of the Estate …
Article • June 15, 2011 • from PLN June, 2011
Six Florida Jail Staff Arrested in Contraband Smuggling Probe by David Reutter by David M. Reutter An on-going investigation into contraband smuggling at Florida’s Broward County Jail in Fort Lauderdale has resulted in the arrest of five guards and a contract nurse. Following months of witness interviews and a review …
Brief • 2011
Palmer v. Florida State Department of Corrections, FL, Subpoena, Use of Force 2011 EXHIBIT A This is a request for records in the Possession of the Entity to whom these requests are addressed. “Prison” used herein refers to Charlotte Correctional Institution. “Defendants” used herein refers to current or former Florida …
Brief • May 26, 2011
Hamilton v. Hall, FL, Class Order, Post Card Policy Outgoing Mail, 2011 Case 3:10-cv-00355-MCR -EMT Document 69 Filed 05/26/11 Page 1 of 5 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION MARCIE HAMILTON and JAMIE BROJANAC, all on behalf of …
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