Eleventh Circuit Defines Privacy Act Elements by The Eleventh Circuit Court of Appeals has defined the requirements for stating a Privacy Act claim, and reversed the dismissal of the complaint. Federal prisoner Angelo Perry filed a complaint against the Bureau of Prisons (BOP) for willfully and intentionally transferring [him] pursuant …
Misdemeanor Conviction for Protesting on Jail Property Constitutional by The United States Supreme Court has held that a conviction for trespass on jail property does not violate demonstrators' constitutional rights to free speech and assembly. Harriett Louise Adderley and 31 students of the Florida A & M University in Tallahassee, …
FL Prisoner's Suit Against Prison Health Care Providers Timely Filed by On February 8, 1996, Geraldine Seale, a Florida state prisoner, complained to the state Human Relations Commission (Commission) about the medical care she was receiving. The Commission didn't make a reasonable cause determination within 180 days as required by …
Attorney/Client Privilege Voided by Including Third Persons in Conversation by Florida's Fifth District Court of Appeals has held that a prisoner is not entitled to claim attorney/client privilege to communications when the person invoking the privilege knew of or should have known that the privileged conversation was being overhead. Before …
Clerk Not Entitled to Interest on Principal in Fund by The United States Supreme Court held that a court clerk is not entitled to keep the interest that accumulates from monies placed in a fund under the care of the clerk on behalf of parties in litigation. Eckerd's of College …
Fla. Mandamus Petition Challenging DR Must be Filed Within 30 Days of Grievance Denial by Florida's First District Court of Appeal has held that a prisoner's filing of a petition for writ of mandamus, rather than one for certiorari, is the proper remedy to challenge a disciplinary sanction. The Court …
No Application of Florida's Indigency Statute to Collateral Criminal Proceedings by No Application of Florida's Indigency Statute to Collateral Criminal Proceedings The Florida Supreme Court has held that Florida's Prisoner Indigency Statute (PIS), §57.085, Florida Statutes, does not apply to collateral criminal proceedings. PIS was enacted to reduce the filing …
Writ Deemed Filed When Handed to Prison Officials by The Florida First District Court of Appeal has quashed a trial court's order dismissing as untimely a prisoner's petition for mandamus challenging a disciplinary hearing conviction. The prisoner's grievance denial was rendered on April 11, 1997, and the mandamus petition bore …
Prison Assault Conviction Reversed Due to Faulty Jury Instruction by Florida's Second District Court of Appeals has reversed a prisoner's conviction for battery by a person detained in a prison or jail facility. After his conviction from events that occurred at the Charlotte Correctional Institution, prisoner Jeffrey Humbert appealed. At …
Trial Court Must Make Fact Findings Before Ordering Stun Belt by The application of a stun belt to a criminal defendant is governed by the same considerations and body of law as restraint devices. Such a decision "must be subjected to close judicial scrutiny to determine if there was an …
Court Authorizes Use of Stun Belt on Criminal Defendant by The requirement that the criminal defendant wear a stun belt during his trial is upheld given the defendant's "rare combination of skill, ingenuity, cunning, and fearlessness" and his love of attempting to escape (extensively described), not to mention his violent …
International Treaties Cannot Be Enforced By Individuals by The International Covenant on Civil and Political Rights "does not create judicially-enforceable individual rights. Treaties affect United States law only if they are self-executing or otherwise given effect by congressional legislation." (1283) See: United States v. Duarte-Acero, 296 F.3d 1277 (11th Cir. …
No Prejudice in 45 Uniformed Guards Presence at Murder Trial of Guard by The Florida Supreme Court has held that the presence of forty-five uniformed prison guards at a prisoner's trial for the murder of a guard was not a prejudicial influence on the jury. The Court's ruling came in …
$1,500,000 Verdict in Half-Way Houses' Failure to Warn by After he was released from a Florida prison, Elmer Leon Carroll went to live at The Lighthouse Mission of Orlando. Carroll had a history of rape and had been in prison for nine of the 15 years prior to committing the …
Jail Official Gets Immunity for Delaying Prisone'rs Release for One Day by Jail Official Gets Immunity for Delaying Prisoner's Release for One Day A county prison official was entitled to qualified immunity for delaying the plaintiff's release for a day based on an alleged warrant from Massachusetts that she had …
Class Certified Despite Disagreement Among Plaintiffs by Defendants opposed class certification on the ground that some class members supported the program that the named plaintiffs were trying to enjoin. At 233: "Class actions, however, are not forbidden in every case in which class members disagree." The interests of those supporting …
Settlement Requires Trial Over Attorney Fees by The plaintiff sued for civil rights violations related to his arrest and then died. His estate settled the suit, leaving open costs and attorneys' fees. The district court rejected both the defendants' request for an evidentiary hearing and the plaintiff's request for fees. …
No Liability for Assault of Miami Jail Prisoner by The plaintiff was brought to Miami-Dade County for court proceedings, was warned by staff and inmates that he could expect violence because he was from out of the area, so they put him in a blue uniform, which nobody else wore. …
Forced Prayers in Drug Treatment Program May Violate Establishment Clause by The plaintiff alleged that she enrolled in a voluntary drug treatment program which turned out to close every day with a prayer ceremony. Though she was not required to verbalize a prayer, she was required to participate by standing …
$49,500 Awarded To Florida Prisoner For Unconstitutional Removal Of Gain Time Credits by $49,500 Awarded To Florida Prisoner For Unconstitutional Removal Of Gain Time Credits Former Florida State prisoner Rogelio Ibarra's supervision time was increased by the Florida Department of Correction (FDOC) after holding a legislative change in incentive gain …
