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$1.1 Million Verdict Entered Against Florida Sex Crime Detective for Sexual Assault upon Minor by The Florida Federal District Court has awarded $1.1 million to a 14-year old female for a sexual assault by an Orlando sex crimes detective. The award came in after the court entered default for the …
Article • July 15, 2008
After Convictions Final, Prisoners Records Subject to Florida’s Public Records Law by The Florida Supreme Court has held that the state attorney and other state agencies must disclose records pertaining to a defendant’s case upon the conviction and sentence becomes final. The disclosure comes under the requirements of Florida’s Public …
Article • July 15, 2008
Florida Contractors Providing Government Services Bound By Public Records Act by Miami Dade County (Florida) created contractor, Dade Aviation Consultants (DAC), appealed a court order to produce records to Knight Ridder, Inc. The records pertained to a lobbyist group hired to assist their renovation of Miami International Airport. The order …
Article • July 15, 2008
Florida Textbook Retailer Ordered To Provide Competition With Trade Secrets by Florida textbook retailer, Booksmart, appealed a court ruling denying them documents from Barnes & Noble (B&N) regarding student correspondence needs. The ruling was reversed and the production ordered. B&N contracts on campus bookstores at Florida Atlantic and Florida International …
Eight Guards, Nurse Acquitted in Florida Child’s Beating Death by David Reutter by David M. Reutter An all white Florida jury acquitted eight former boot camp guards and a nurse of manslaughter in the death of 14-year-old Martin Lee Anderson. PLN previously reported upon the beating and dragged death of …
Sex Offenders Set Up Camp in Miami Florida: The Julia Tuttle Causeway Becomes a Colony. Politicians Pass the Buck. by Isaiah Thompson Another one showed up last night. Around 10 — just before curfew — a car rolled in under the bridge and the newcomer got out with his wife. …
Article • June 15, 2008 • from PLN June, 2008
Florida Prison Still Beset by Contaminated Water by David Reutter Despite spending millions of dollars on new wells and water treatment systems, the Martin Correctional Institution (MCI) in Indiantown, Florida is still unable to provide uncontaminated water to its 1,400 prisoners. The problem has the Florida Department of Corrections (FDOC) …
Article • June 15, 2008
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 …
Article • June 15, 2008
Exceptional Circumstances Required for Disclosure of Fla. Sunshine Law Exemption to Government or Law Enforcement by Florida’s Second District Court of Appeals has held that a lawsuit plaintiff failed to show “exceptional circumstances” or “exceptional necessity” to overcome the disclosure of information that is exempt under Florida’s Sunshine Law in …
Article • June 15, 2008
Florida DOC Can't Inspect Guards' Homes in Workers' Compensation Case by Numerous guards at the Volusia County (Florida) Department of Corrections (DOC) filed for Workers' Compensation in state court after being exposed to toxic molds while at work. The DOC moved for an order compelling inspection of the guards' homes …
Article • June 15, 2008
Filed under: Searches, Police Searches
Florida Man Wins $253,350 for Unlawful Search and Seizure by Raphael McKinon, a nurse in Sarasota, Florida, refused to allow his estranged, belligerent girlfriend to enter his home to collect her things. She was accompanied by Eric Bolden and Sue Woniya, both Sarasota cops, who arrested McKinon, allegedly pursuant to …
Article • June 15, 2008
Florida Citizen Awarded $10,000 in Police Brutality Suit by A Florida woman identified only as Rowland was stopped in a motel parking lot by police in Daytona Beach Shores, Florida. As she was answering one cop's questions, another one sneaked up behind her and kicked her feet from under her, …
Article • June 15, 2008
Florida’s Public Records Law Exempts Attorney Notes by Florida’s Supreme Court has affirmed a trial court’s order finding that certain documents in the State attorney’s file are exempt form disclosure under Florida’s Public Records Act. The trial court reviewed the documents in camera. If found the documents in question, which …
Article • June 15, 2008
Medical Review Committee Reports and Responses Exempt as Florida Public Records by Florida’s First District Court of Appeals has held that medical review committee reports and responses thereto are exempt from disclosure as a public record under §119, Florida statutes. This action was brought by parties seeking such reports created …
Article • June 15, 2008
Indigent Persons/Prisons Not Entitled to Florida Public Records Free of Charge by The Florida Supreme Court has held that Florida’s Public Records Act makes no provision to provide indigent persons or prisoners public records unless they pay the required cost of copying these records. Thus, while a state attorney’s file …
Brief • 2008
Masacz v. Correctional Medical Services, FL, Order, HIPAA, 2008 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 50 2008 CA 000056 XXXXMB DIV. AB JACEK MASACZ, Plaintiff, vs. CORRECTIONAL MEDICAL SERVICES, INC., and DR. PIERRE DORSAINVIL, M.D., Defendants. _________________ ......;/ …
Article • May 15, 2008 • from PLN May, 2008
South Florida Federal Court Censors Online Plea Agreements by Recently, the South Florida federal court system has been removing plea agreements from its online court docket. While a plea agreement is still reflected on the docket sheet, attempts to open the online record result in a notice that the user …
Article • May 15, 2008
Preliminary Injunctions/TROs Require Posting of Bond by The Federal Rules prohibit TROs and preliminary injunctions without security "in such sum as the court deems proper." Whether to require a bond is in the court's discretion. At 1374: . . . [C]ourts have held that security is not required in the …
Article • May 15, 2008
Number of Plaintiffs Affects Class Certification by At 377: "A class will be deemed sufficiently definite if it is administratively feasible to determine whether a given individual is a member of the class." Id.: Numerosity is generally satisfied by more than 40 members, generally not satisfied by less than 21, …
Article • May 15, 2008
Court Dismissed Suit Over Reversed Disciplinary Charges by The plaintiff says that the defendants were responsible for issuing disciplinary reports against him that were overturned. At 1351: "Defendants correctly concede that such a claim may be cognizable under 1983 if the Reports resulted in the lengthening of Plaintiff's term of …
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