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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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, …
