Florida Supreme Court Rules Secondary Public Defenders Office Constitutional by The Supreme Court of Florida has ruled constitutional the creation of a back-up to the public defenders office. The Florida Association of Criminal Defense Lawyers, Inc. filed suit, alleging that the state had violated article V, section 18 of the …
Florida Legislature Proposes Automatic Restoration of Felons’ Civil Rights by David Reutter by David M. Reutter “I believe in personal redemption, that people can learn from their mistakes, and that people who take those lessons to heart and apply them to their lives deserve a second chance," proclaims Florida Governor …
Time Spent in Civil Commitment Detention Credited Toward Criminal Sentence by Florida’s Fourth District Court of Appeal has held that there is no meaningful distinction between incarceration in prison or jail and confinement in a sex offender civil commitment facility, for the purposes of sentence calculation. The Court’s ruling came …
Florida Sheriff Approves $2 Million Settlement in Death of Deputy by Florida’s Broward County Sheriff’s Office (BCSO) has agreed to a $2 million settlement in a lawsuit brought by the family of a deputy who was killed in the line of duty. That lawsuit claimed the deputy died because BCSO …
False Imprisonment, False Arrest and Malicious Prosecution Claims Cognizable Under FTCA by The Eleventh Circuit Court of Appeals has held that the United States has waived sovereign immunity under the Federal Tort Claims Act (FTCA) for claims alleging false imprisonment, false arrest and malicious prosecution arising out of acts or …
Testimonial Hearsay Ruled Admissible in Florida Probation Revocation Hearings by The Supreme Court of Florida has held that testimonial hearsay is admissible in probation revocation hearings. In July 2003, Robert Sheldon Peters had his community control revoked, received a suspended 24 month prison sentence, and was placed on drug offender …
Judge Excludes Evidence of Criminal Conduct in Prisoner Civil Rights Action by U.S. District Judge John E. Steele has granted a motion in limine in a civil rights action over the adequacy of medical care provided to a prisoner whose baby died at birth. Michelle Goebert sought to exclude evidence …
$7.5 Million Fine Recommended in Florida Jail Phone Overcharges by David Reutter by David M. Reutter Florida’s Public Service Commission has recommended that TCG Public Communications, Inc. (TCG) pay $7.5 million for the improper disconnection of jail prisoners’ telephone calls. The recommendation was made in a September 8, 2008 memorandum …
GEO Cancels Contract at Pennsylvania Jail, Looks Elsewhere for Business by David Reutter GEO Cancels Contract at Pennsylvania Jail, Looks Elsewhere for Business by David M. Reutter GEO Group, Inc. (formerly known as Wackenhut Corrections), the second-largest private prison company in the nation, has operated the jail in Delaware County, …
Florida’s Juvenile Death Camps: A Painful Past Revisited by David Reutter by David M. Reutter Recent coverage of long-past abuses at Florida juvenile facilities has put a spotlight on the treatment of juvenile offenders. Reports by the Miami Herald and CNN have revealed that Florida youth facilities have been cruel …
32 Years on Death Row by David C Fathi By David C. Fathi When William Lee Thompson committed the murder that landed him on Florida's death row, Gerald Ford was president. Thompson has now been incarcerated for almost 33 years, most of it under sentence of death. He has spent …
$250,000 Settlement After Federal Prison Bus Accident by Numerous federal prisoners brought a federal tort action against the United States in 1995 after sustaining injuries during a Bureau of Prisons (BOP) prison bus accident. The suit settled for $250,000 in 1998. Federal prisoners were being transported on a BOP bus …
BOP Sued For Federal Prisoner's Negligent Blinding by Ex Florida federal prisoner Luis Monroy Vargas brought a federal tort action against the United States in 1999 after becoming blind in one eye. Federal Bureau of Prisons personnel at three facilities failed to treat him properly after an object fell into …
Florida Federal Prisoner Commits Suicide While Being Monitored by A Florida deceased federal prisoner's wife, Lillian Diaz, and on behalf of the decedent's minor son, brought a federal tort action against the United States in 1996. Her husband, federal prisoner Alejandro Diaz, committed suicide while in the care of Federal …
Florida Federal Prisoner's Negligently Treated Seizures Result in Paralysis by Florida federal prisoner Harold Wood brought a federal tort action against the United States in 2001 after Bureau of Prisons medical personnel failed to follow medical advice resulting in permanent disabling injuries. The $30 million suit settled for an undisclosed …
Negligent Federal Prisoner's Medical Care Leads To Permanent Hearing Loss by Florida federal prisoner Walter Hernandez, Jr., brought a federal tort action against the Bureau of Prisons in 1998 after medical personnel were negligent in diagnosing and treating his ear infections. Permanent hearing loss resulted. The $5 million suit settled …
Ex-Mayor Returned to Prison After Misleading BOP to Enter Drug Program by Brandon Sample Ex-Mayor Returned to Prison After Misleading BOP to Enter Drug Program by Brandon Sample Bill C. Campbell, the former mayor of Atlanta, Georgia, was returned to federal prison after it was discovered he had lied to …
Multiple Incidents Indicate Florida Jail Has Culture of Abuse by Multiple Incidents Indicate Florida Jail Has Culture of Abuse Three recent incidents at the Hillsborough County Jail in Tampa, Florida demonstrate a culture of abuse at the facility. One of the incidents involved a guard dumping a quadriplegic prisoner from …
CMS Fails to Treat MRSA Infection; Florida Jail Prisoner Dies by When Dorothy Dian Palinchik was booked into Florida’s Pinellas County Jail (PCJ) on February 13, 2008 for stealing a $9.00 Philly cheesesteak sandwich from a grocery store, she was seemingly healthy. Two weeks later she died of pneumonia and …
Former PHS Doctor Arrested on Drug Charges by Former PHS Doctor Arrested on Drug Charges In July 2008, former Prison Health Services (PHS) employee John N. Mubang, 57, was arrested by the Florida Department of Law Enforcement for prescribing drugs for monetary gain and trafficking in controlled substances. The six-month …
