Florida Supreme Court Clarifies Harmless Error Test by Florida’s Supreme Court has held that when applying the harmless error analysis, it is not an “overwhelming evidence test.” The focus of the test is “the effect of the error on the trier of fact. The question is whether there is a …
Death Sentence Affirmed for Florida Prisoner Convicted in Guard’s Death During Botched Escape by David Reutter By David M. Reutter The Florida Supreme Court has affirmed the death sentence of a prisoner convicted in the murder of a guard during a botched prison escape. Stephen Smith and his codefendants, Dwight …
All Florida Prison Claims Challenging Gaintime Awards Preclude Lien for Filing Fee by David Reutter By David M. Reutter The Florida Supreme Court has held that imposition of a lien on a prisoner’s trust account to recover applicable filing fees is precluded in all gaintime actions, regardless of their nature, …
ICE Settles Deliberate Indifference Lawsuit for $47,500 by The U.S. Immigration and Customs Enforcement agency (ICE) paid $47,500 to settle a lawsuit alleging deliberate indifference to a detainee’s medical needs. A Haitian woman, identified only as “Rosemarie M.” in court documents, had suffered daily bleeding for months in the summer …
Underfunding, Excessive Caseload Not Adequate Basis for Public Defender to Withdraw in Florida by Florida’s Third District Court of Appeal held on May 13, 2009 that public defenders cannot withdraw from representing defendants on the grounds that a conflict of interest exists due to underfunding, excessive caseload, or the prospective …
$24,500 Settlement in Slip and Fall Suit by Wackenhut Corrections Corporation paid $24,500 to settle a slip and fall and negligent maintenance suit filed by Florida prisoner Randolf Bailey. The incident occurred on October 2, 2002 at South Bay Correctional Facility. In his complaint, Bailey claims he was exiting the …
$35,000 Settlement in Florida Prisoner’s Negligence Claim, Failure to Correct Dangerous Condition Against Geo Group by The Geo Group, Inc., Florida Correctional Finance Corporation, South Bay Correctional Facilities Financing Corporation and the Florida Department of Corrections paid $35,000 to settle a prisoner’s negligence claim. The settlement came in a lawsuit …
$75,000 Settlement in Prisoner’s Negligence Claim Injury Due to Failure to Correct Dangerous Condition by The Wackenhut Corrections Corporation paid $75,000 to settle a prisoner’s negligence claim. The settlement came in a lawsuit filed by Florida prisoner Thomas Less Stevens. Stevens alleged in his complaint against Wackenhut that on December …
$250,000 Settlement in Florida Auto Accident Claim Against Geo by The Geo Group paid $250,000 to settle an auto accident claim. The settlement came in a lawsuit filed by Elsworth Noel Seals. In her complaint, Seals alleged that on March 1, 2006. While approaching an intersection in her vehicle in …
Florida Department of Corrections and Wackenhut Corrections Corporation Paid $35,000 Settlement in Discrimination Lawsuit by Wackenhut Corrections Corporation and the Florida Department of Corrections (FDOC) paid $35,000 to settle a discrimination and retaliatory practices lawsuit. In his civil complaint, ex-FDOC senior psychologist Majid A. Shams, who is of Iranian descent, …
GEO Group Car Accident Settlement by The GEO Group Inc. paid $20,000 to settle a car accident suit with injuries. In his complaint, plaintiff Keven Freeze claimed on May 1, 2006, that Harold Eades, an employee of the GEO Group, was operating a motor vehicle in a reckless manner causing …
Wackenhut Corrections Corporation Paid $29,900 to Settle Sexual Harassment Lawsuit by Wackenhut Corrections Corporation paid $29,900 to settle a lawsuit claiming sexual harassment. In her complaint, Marsha Senatti claims fellow Wackenhut employee Lee Jackson did unlawfully touch, in a sexual manner, her private parts and genitalia, including “rubbing his penis …
Wackenhut Pays $32,500 in Negligence Lawsuit by Wackenhut Corrections Corporation paid $32,500 to settle a negligence lawsuit filed by Florida prisoner Michael Wyzykowski. In his complain, Wyzykowski claimed he was ordered to cut “maiden cane” with a weed whacker that was altered by Wackenhut guards, replacing the original head and …
Wackenhut Settles Wrongful Death Suit for $300,000 by Wackenhut Corrections Corporation paid $300,000 to settle a wrongful death suit filed by the minor children of prisoner Lisa Ann Lowdermilk. The complaint alleged that while at Broward County work release, Lowdermilk died due to the negligence of Wackenhut employees Kenneth Day, …
Florida: Woman Settles Lawsuit Against Sheriff’s Officers for $67,500 after Arrest While in Premature Labor by Derek Gilna In June 2010, Melanie Dawn Williams, who had been arrested by officers after allegedly running a red light on her way to the St. Vincent’s Medical Center emergency room in Jacksonville, Florida …
Hamilton v. Hall, FL, Motion for PI, Post Card Policy Outgoing Mail, 2011 Case 3:10-cv-00355-MCR -EMT Document 54 Filed 04/15/11 Page 1 of 26 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA MARCIE HAMILTON et al., Plaintiffs, v. No. 3:10-cv-355 MCR/ EMT WENDELL HALL, Defendant. / PLAINTIFFS’ MOTION FOR PRELIMINARY …
Hamze v. Doe et al, FL, Complaint, guard brutality, 2011 Case 1:11-cv-21227-JAL Document 1 Entered on FLSD Docket 04/07/2011 Page 1 of 8 Case 1:11-cv-21227-JAL Document 1 Entered on FLSD Docket 04/07/2011 Page 2 of 8 Case 1:11-cv-21227-JAL Document 1 Entered on FLSD Docket 04/07/2011 Page 3 of 8 Case …
Legacy of Corruption: GEO Buys Off the Florida Political Establishment by Beau Hodai U.S. Senator Marco Rubio’s unsettling history of extremely close ties to private prison operator GEO Group and the possible federal investigation into Florida’s private prison giveaway of more than $120 million Newly minted U.S. Senator Marco Rubio …
Band-aid Applied to Florida’s Homeless Sex Offender Colony Falls Off by David Reutter by David M. Reutter When Florida’s Miami-Dade County adopted an ordinance that extended the 1,000-foot state law residency restrictions for sex offenders to 2,500 feet, the estimated 100 sex offenders who return to Miami-Dade each year after …
Dismissal for Failure to Effect Service Reversed in Florida Failure to Protect Suit by The Eleventh Circuit Court of Appeals has held that as long as a court-appointed agent to serve summons for a prisoner-litigant acting pro se can locate the prison guard-defendant with reasonable effort, prisoner-litigants who provide enough …
