PHS Wins Quadriplegic Prisoner’s Negligence Suit, Jail Settles for $100,000 by PHS Wins Quadriplegic Prisoner’s Negligence Suit, Jail Settles for $100,000 On February 14, 2008, a Florida jury found that Prison Health Services (PHS) was not negligent in misdiagnosing a jail prisoner’s broken neck, which left him a permanent quadriplegic. …
$250,500 Verdict for False Imprisonment at Florida Jail by A federal jury from the Middle District of Florida awarded $250,500 to a man who claimed he was falsely imprisoned by the misuse of a Florida law – the Marchman Act – that permits the civil detention of persons who are …
Florida DOC Ends Unofficial Transfer-for-Sale Policy by David Reutter by David M. Reutter It has long been an established fact among Florida prisoners that if you wanted a transfer to a certain prison, you could pay well-connected lawyers to make that transfer happen. After Florida then Department of Corrections (FDOC) …
Judgment in Florida’s Closed Management Conditions Lawsuit Terminated Under the PLRA by David Reutter Judgment in Florida’s Closed Management Conditions Lawsuit Terminated Under the PLRA by David M. Reutter Nearly seven years after it was entered, a Florida federal district court has terminated a revised offer of judgment that was …
Settlement Agreement Reached in Overcrowding Claim Against Florida Jail by Settlement Agreement Reached in Overcrowding Claim Against Florida Jail The parties to a class action suit filed by prisoners at Florida’s St. Lucie County Jail (SLCJ) have reached a settlement. The civil rights complaint alleged constitutional violations caused by overcrowding, …
Florida Prisoners Have No Right to “Free” Public Records by Florida’s First District Court of Appeals has held that a prisoner is not entitled to free copies of records in the custody of the state attorney and the clerk of the Court. The Court said that prisoners are “in the …
Miami Cops Beat, Drag Six Year Old Child by In this police misconduct case, the cops say that they saw the plaintiff breaking windows, pursued him and said "freeze police," and the plaintiff fell down; he then resisted when they picked him up. The plaintiff says he was thrown down …
PLRA “Three Strikes” Rule Not Ex Post Facto by The PLRA three strikes provision does not violate the prohibition against Ex Post Facto laws (citing prior decision in Rivera v Allin) At 1193: The existence of "imminent danger of serious physical injury" is not to be assessed as of the …
PLN Loses Final Round in FDOC Writer Pay Ban / Censorship Suit by The Eleventh Circuit Court of Appeals has upheld a Florida district court’s grant of judgment to the Florida Department of Corrections (FDOC) in a lawsuit filed by PLN challenging the FDOC’s writer pay ban and policy of …
Catalyst Theory Doesn’t Apply to EAJA by Mirta Morillo-Cedron and other immigrants (plaintiffs) applied for U.S. citizenship, but the District Director for the U.S. Citizenship and Immigration Services (Director) didn’t act on their applications. The plaintiffs sued to compel action in federal district court. Before the court ruled, the Director …
Authorities Listen in on Attorney-Client Calls at Jails in FL, CA and TX by David Reutter by David Reutter & Matt Clarke In December 2007, it was reported that an investigator at Florida’s Charlotte County Jail was caught listening to telephone conversations between a prisoner and his attorney. As a …
Florida DCF Responsible for Transportation of Mental Patients Committed Under Fla. Stat. § 393.11, et seq. by David Everette, a Florida state mental patient, was committed to the Department of Children & Family Services (DCF) under Fla. Stat. 916.13, et seq., after being found incompetent to stand trial for an …
Florida Judge Removed from Bench by On December 7, 2006, the Florida Supreme Court removed Seminole County Judge John R. Sloop from the bench for violations of the Code of Judicial Conduct. This was the third time that Judge Sloop had come to the attention of the Judicial Qualifications Committee …
Florida Judge Removed from Bench by On December 7, 2006, the Florida Supreme Court removed Seminole County Judge John R. Sloop from the bench for violations of the Code of Judicial Conduct. This was the third time that Judge Sloop had come to the attention of the Judicial Qualifications Committee …
$1 Million Settlement After Florida Teen's Shooting Death by Police by Delray Beach, Florida residents Kenneth Miller and Terry Glover brought a § 1983 action against the city and rookie policeman Barren Cogoni for negligence and excessive force after Cogoni shot and killed Jerrod Miller in 2005. The suit settled …
Hearing on Newly Discovered Evidence Denied; Florida Prisoner's Death Sentence for Prison Escape Killing Stands by Florida state death row prisoner William Van Poyck appealed the dismissal of his post-conviction motion that introduced new evidence of a "trigger man's" admission. The state Supreme Court affirmed the dismissal because Van Poyck's …
McGriff v. Hall, FL, Plf Second Request for Inspection, Guard Excessive Force, 2008 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION VINCENT McGRIFF, Plaintiff, v. CASE NO. 3:07-cv-00085-RV-MD CORRECTIONS OFFICER C.L. HALL and CORRECTIONS OFFICER R.A. COWAN, Defendants. PLAINTIFF’S SECOND REQUEST FOR INSPECTION COMES …
Once Again, Former Florida DOC Secretary Faces Liability in Prisoner Beating; Case Settled for $400,000 by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has held that the former warden of the Florida State Prison (FSP) was not entitled to qualified immunity in a civil rights …
CCA Fined $140,000 for Early Release of Prisoners at FL Jail; Quits Contract by The nation’s largest private prison firm, Corrections Corporation of America (CCA), has once again upset county officials by repeatedly failing to control vital jail operations. The company responded by discontinuing its contract to operate the facility. …
$307,142 Awarded For Florida False Arrest And Malicious Prosecutions by Florida residents Noel Rivera, Mam Asad, and Tony Garcia (plaintiffs) brought action against County of Miami Dade Police for Fourth and Fifth Amendment violations when they were falsely arrested and detained, largely without bail, for a 2000 incident in which …
