Jane Doe v. McKeithen, FL, Amended Complaint, Sexual Assault, 2007 IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR JACKSON COUNTY, FLORIDA JANE DOE, Plaintiff, vs. Case No.:05-509-CA BOARD OF COUNTY COMMISSIONERS OF JACKSON COUNTY, FLORIDA, W. FRANK MCKEITHEN, Sheriff of Bay County, Florida (as successor to …
Claim of Juror Alcohol Use Does Not Warrant Evidentiary Hearing by The U.S. Supreme Court held that a district court's refusal to hold an evidentiary hearing on allegations that jurors used alcohol during a criminal trial was not in error. Defendants, two friends who were involved in an allegedly illicit …
Due Process Action States Claim by The U.S. Supreme Court held that a plaintiff's federal civil rights action alleging deprivation of procedural due process stemming from his admission to a Florida mental health facility on the strength of consent forms he signed while supposedly disoriented, heavily medicated and psychotic stated …
FL Prisoner Can Seek Belated Appeal of Administrative Appeal Denial by Florida's Second District Court of Appeal held a Florida prisoner may seek belated review of an appeal of disciplinary action where denial of the appeal was signed eight days before it was mailed. The Court found the Hardee Correctional …
Eleventh Circuit: Documents Requested From DOJ Exempt Under FOIA by The U.S. Court of Appeals for the Eleventh Circuit held that certain documents requested from the Department of Justice (DOJ) concerning disciplinary proceedings against the Assistant United States Attorney (AUSA) were exempt under the Freedom of Information Act (FOIA). The …
Eleventh Circuit: Florida Jail Officials Immune in Juvenile's Suicide by In this case involving the suicide of a juvenile in the Okaloosa County (Florida) jail, the U.S. Eleventh Circuit Court of Appeals held that the sheriff and a jailer were entitled to qualified immunity. Dustin Molbert, a juvenile who was …
Failure to Treat Florida Prisoner's Agent Orange Disease Unconstitutional by The Eleventh Circuit Court of Appeals held that prison officials' failure to provide prescribed treatment to a prisoner suffering from effects of Agent Orange violated his Eight Amendment rights. The Florida prisoner was a Vietnam Veteran who was exposed to …
Florida Sheriff Liable for Wrongful Death Stemming from Failure to Provide Medical Care by Florida Sheriff Liable for Wrongful Death Stemming from Failure to Provide Medical Care Florida's Fifth District Court of Appeal held the Sheriff may be liable for failing to provide proper medical care to a prisoner who …
Florida Felon Disenfranchisement Found Constitutional by The United States District Court for the Southern District of Florida has ruled that a 135-year old state law that bans ex-felons from voting is not unconstitutional. Thomas Johnson, a former prisoner from New York now residing in Florida, filed a class action lawsuit …
Florida Department of Corrections Ordered to Cease Racially Discriminatory Practices in Selected Reading Materiala by Florida Department of Corrections Ordered to Cease Racially Discriminatory Practices in Selected Reading Material Florida state prisoner Herman Jackson filed a 42 U.S.C. §1983 lawsuit against prison officials claiming that his rights under the First …
FL Ad-Seg Rules May Create Liberty Interest by The court of appeals for the Fifth Circuit held that regulations at the Florida State Prison in Starke may create a due process liberty interest. The regulations at issue provided for the placement of a prisoner on Close Management (CM) confinement. The …
FL Disciplinary Team member Cannot be Witness to Violation by The First District Court of Appeal in Florida reversed a circuit court's denial of a petition for writ of mandamus, which alleged a member of the disciplinary hearing team was not impartial because he was the sole witness to crucial …
FL Investigator Must Interview Requested, Unknown Witness in Disciplinary Hearing by FL Investigator Must Interview Requested, Unknown Witness in Disciplinary Hearing Florida's First District Court of Appeal held that a prisoner who requested, as witnesses to his disciplinary infraction, prisoners in the cells adjacent to his own administrative confinement cell, …
FL Prisoner Must Know Illicit Nature of Substance to Possess Drugs by Florida's Fifth Circuit Court of Appeal held that to be convicted of possession of contraband in a prison, predicated on possession of marijuana, the prisoner must not only possess the substance but must also be aware of the …
FL Prisoner's Mandamus Petition Must Detail Facts Supporting Witness Denial at Disciplinary Hearing by FL Prisoner's Mandamus Petition Must Detail Facts Supporting Witness Denial at Disciplinary Hearing Florida's First District Court of Appeal held that a prisoner bringing a petition for a writ of mandamus alleging the denial of witnesses …
FL Prisoners May Have Right to Notice and Hearing Before Transfer by The Court of Appeals for the Fifth Circuit reversed and remanded a Florida prisoner's complaint that alleged he was transferred from a medium security prison to a close custody confinement prison without notice or a hearing. The court …
Settlement's Retention of Jurisdiction for Enforcement is Functional Equivalent of Consent Decree by Settlement's Retention of Jurisdiction for Enforcement is Functional Equivalent of Consent Decree The Eleventh Circuit of Appeals has held a Florida settlement agreement's provision that retains "the district court's jurisdiction for enforcement of the agreement" is the …
Nude Photo Publication Rejection by Florida Jail Upheld by The Eleventh Circuit Court of Appeals has affirmed a Florida District Court's grant of summary judgment to officials at the Palm Beach County Detention Center in a prisoner's suit alleging the officials unconstitutionally deprived him of access to various publications. The …
Special Condition of Registering with State Sex Offender Agency Mandatory for Federal Sex Offender by Special Condition of Registering with State Sex Offender Agency Mandatory for Federal Sex Offender The Eleventh Circuit Court of Appeals held a district court properly imposed a special condition of supervised release that required a …
State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency by State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency The Eleventh Circuit Court of Appeals held that a state prisoner sentenced to death is not entitled to the appointment of federally funded …
