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) …
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 …
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 …
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 …
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 …
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, …
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 …
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 …
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 …
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. _________________ ......;/ …
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 …
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 …
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, …
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 …
Florida Woman Sentenced to Probation for Unauthorized Practice of Law by David Reutter by David M. Reutter A Florida court has sentenced civil rights activist Nancy Jo Grant to 15 years probation, with no possibility of early termination, for practicing law without a license. Grant, 55, was also ordered to …
Privatized Medical Services Entangle Florida Sheriff in Litigation and Raises Costs by Proponents of privatization of prison services tout it as a way to not only save governmental entities money, but to remove them from legal entanglement. Officials in Florida?s Sarasota County Sheriff?s Office (SCSO) are not realizing those supposed …
Hartley v. Brady, FL, Pltff Proposed Jury Instructions, Verdict Form (2008) Case 3:05-cv-00515-VMC-MCR Document 98 Filed 03/10/2008 Page 1 of 13 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION ERIC C. HARTLEY, Plaintiff, vs. Case No. 3:05-cv-515-J-33-MCR BRADFORD BRADY and DAVID LOVE, Defendants. / PLAINTIFF’S PROPOSED JURY INSTRUCTIONS …
Hartley v. Brady, FL, Pltff Proposed Voir Dire Questions (2008) Case 3:05-cv-00515-VMC-MCR Document 95 Filed 03/10/2008 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION ERIC C. HARTLEY, Plaintiff, vs. Case No. 3:05-cv-515-VMC-MCR BRADFORD BRADY and DAVID LOVE, Defendants. / PLAINTIFF'S PROPOSED VOIR DIRE QUESTIONS …
Miami v. Rauen et al, FL,l Apellees' Answer Brief, Police Negligence and Battery, 2008 UNITED STATES COURT OF APPEALS ELEVENTH CIRCUIT Case No.: 07-14530-GG Lower Court No.: 06-21182 CV-CMA CITY OF MIAMI, et al., Defendants-Appellants. vs. HOLLEY RAUEN and NIKKI HARTMAN, Plaintiffs-Appellees, APPELLEES’ ANSWER BRIEF Mara Shlackman Florida Bar No. …
Overdetention: When Completing a Prison Sentence Just Isn’t Enough by David Reutter Overdetention: When Completing a Prison Sentence Just Isn't Enough by David M. Reutter One of the most basic functions of a prison system is releasing prisoners when their sentences expire. In April 2007, the Massachusetts Department of Correction …
