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Florida Prison Psychiatrist Resigns; License Revoked Over Sex with Patient by David Reutter by David M. Reutter Prisoners often believe that prison health care personnel are second-rate and incompetent, and likely couldn’t find work in non-correctional settings. The December 2, 2009 resignation of a Florida Department of Corrections (FDOC) psychiatrist …
Article • July 15, 2010 • from PLN July, 2010
Florida’s Civil Rights Restoration Process Insufficiently Funded by David Reutter by David M. Reutter With Florida continuing to face budget shortfalls due to the economic crisis, Governor Charlie Crist is looking for ways to slash government spending. However, his efforts are drawing fire from those who question cutting the budget …
Only Three States in Compliance with Unfunded Federal Sex Offender Mandates by Matthew Clarke by Matt Clarke In 2006 Congress enacted the Adam Walsh Act, which requires states to institute stricter monitoring of sex offenders or face losing 10% of their federal crime-prevention grants. Although all states were supposed to …
PLN Prevails in Public Records Suit Against GEO Group by Alex Friedmann In May 2010, Prison Legal News announced that it had prevailed in a public records lawsuit filed against Florida-based GEO Group (formerly Wackenhut Corrections), the nation’s second-largest private prison company. PLN filed the suit in 2005 under Florida’s …
Article • June 15, 2010 • from PLN June, 2010
U.S. Attorney Nominees Involved in Hiding Court Records by David Reutter by David M. Reutter Two of the three nominees to be South Florida’s next U.S. Attorney have violated a basic tenet of court administration by acting to hide court records from the public. In 2002, U.S. Attorney nominee Daryl …
Florida Prisoner Exonerated by DNA After Serving 35 Years by David Reutter by David M. Reutter After 35 years of proclaiming his innocence for the kidnapping and rape of a 9-year-old boy, James Bain, 54, was finally proven innocent and released from a Florida prison on December 17, 2009. Of …
Bashimam v. City of Tallahassee, FL, Exhibit A, Designation of F.R.Civ.P.30 (b)(6), 2010 EXHIBIT A: Designations of Subject Matter for F.R.Civ.P. 30(b)(6) Representatives Bashimam v. City of Tallahassee, et al. Representative(s) of the City of Tallahassee shall be prepared to testify regarding: Supervision: Command structure; chain of command; reporting between …
Bashimam v. City of Tallahassee, FL, Amended Complaint for Damages, Police Violation of 4th Amendment Rights, 2010 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION ESTATE of NABEL BASHIMAM by CASE NO. 4:10-CV-343-RH/WCS DENISE BASHIMAM, Personal Representative, and ISAM BASHIMAM and DENISE BASHIMAM, SURVIVORS; …
Bashimam v. City of Tallahassee, FL, Plaintiff Interr, Police Misconduct, 2010 PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT CITY I. Persons 1. As to the person answering these interrogatories, please identify (see “Identification of a Natural Person” in Definitions) yourself and describe your basis for knowledge of the information sworn to, all …
Bashimam v. City of Tallahassee, FL, Request for Admissions, Police Misconduct, 2010 FIRST REQUEST FOR ADMISSIONS TO CITY OF TALLAHASSEE Pursuant to Rule 36, Federal Rules of Civil Procedure, Plaintiff DENISE BASHIMAM requests Defendant admit the following matters. If a matter is not admitted, the answer must specifically deny it …
Bashimam v. City of Tallahassee, FL, Second Amended Complaint, Police Violation of 4th Amendment Rights, 2010 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION DENISE BASHIMAM, as Personal Representative of the ESTATE of NABEL BASHIMAM and on behalf of ISAM BASHIMAM and DENISE BASHIMAM, …
Alternative Prisoner Phone Service Company Files Unsuccessful Suit by David Reutter by David M. Reutter A company that offers a lower-cost alternative to the monopolistic practices of the nation’s largest prison and jail telephone service providers filed a federal lawsuit alleging violation of the Federal Communications Act. The suit was …
Article • May 15, 2010 • from PLN May, 2010
Faith-Based Substance Abuse Program Contracts May Violate Florida’s Constitution by David Reutter by David M. Reutter Contracts between the Florida Department of Corrections (FDOC) and faith-based substance abuse transitional housing programs may violate the “no-aid” provision of Florida’s Constitution. Because the issue required further factual development to make that determination, …
U.S. v. Palm Beach County Sheriff's Office, FL, Memo of Agreement, Language Services, 2010 MEMORANDUM OF AGREEMENT BETWEEN TIlE UNITED STATES OF AMERICA AND THE PALM BEACH COUNTY SHERIFF'S OFFICE DEPARTMENT OF JUSTICE NUMBER 171-18-17 A. SCOPE OF THE INVESTIGATION This matter was initiated by a complaint filed under Title …
Florida Jail Prisoner Paralyzed by MRSA Sues Prison Health Services by When Brett A. Fields entered Florida’s Lee County Jail to be booked on charges of criminal mischief, violating an injunction and probation violation, he was a healthy 26-year-old man. Within a month, according to a subsequent lawsuit, he was …
Article • April 15, 2010 • from PLN April, 2010
Florida County Jail Discontinues Medical Co-Pay Policy by David Reutter by David M. Reutter Saying it was “not even worth it” to collect an $8 medical co-payment from prisoners seeking medical care, Florida’s Pinellas County Sheriff Jim Coats has abolished the practice at his jail. In these tough economic times …
Article • March 15, 2010 • from PLN March, 2010
Call Your Attorney from Jail, Go to Prison by John Dannenberg by John E. Dannenberg Jail prisoners in California, Florida, Michigan and Texas have unknowingly had their phone calls to defense attorneys secretly recorded and handed over to prosecutors. The recordings surfaced before trial, when prosecutors were required to divulge …
$200,000 Settlement in Florida Prisoner’s Suicide Death by Florida’s Department of Corrections paid $200,000 to settle a lawsuit involving a prisoner’s suicide death. That settlement is the maximum allowed under law when suing a state agency. Prior to his entry into prison, prisoner David Hansen had a history of mental …
Article • March 15, 2010 • from PLN March, 2010
Four-Year Statute of Limitations Applies to § 1983 Claims Filed in Florida by Four-Year Statute of Limitations Applies to § 1983 Claims Filed in Florida The Eleventh Circuit Court of Appeals has held that 42 U.S.C. § 1983 actions filed in Florida have a four-year statute of limitations. The appellate …
Brief • February 24, 2010
Doe v. Young et al, FL, Order granting leave to use fictitious name, sheriff sexual misconduct, 2010 Case 4:09-cv-00424-RH-WCS Document 9 Filed 02/24/10 Page 1 of 1 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JANE DOE, Plaintiff, v. CASE …
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