Florida Public Records Exemption must be Stated with Specifity; Costs Awarded for Unlawful Refusal to Comply by Florida Public Records Exemption must be Stated with Specifity; Costs Awarded for Unlawful Refusal to Comply Florida's First District Court of Appeal has held that a petition for writ of mandamus is the …
Florida Public Records Law Provides No Exemption of Photographs that Fail to Identify Sexual Assault Victim by Florida Public Records Law Provides No Exemption of Photographs that Fail to Identify Sexual Assault Victim The First District Court of Appeal has held that photographs of a sexual assault victim that do …
FL Disciplinary Mandamus Petition Exempt from Prisoner Indigency Statute by The Florida Supreme Court has held a writ of mandamus filed by prisoner Daniel K. Schmidt, challenging the loss of gain time incurred as a disciplinary sanction, is a collateral criminal proceeding" that is exempt from Florida's Prisoner Indigency Statute …
Ionscan Test Reasonable Cause to Require Urinalysis Test by Florida's Fourth District Court of Appeals held that reasonable suspicion of use of drugs existed to require a Florida Department of Corrections (FDOC) guard to submit to a urinalysis test. This action is an appeal of a final order of the …
Physical Injury Required for All Prisoner Suits Seeking Compensatory and Punitive Damages by David Reutter Physical Injury Required for All Prisoner Suits Seeking Compensatory and Punitive Damages By David M. Reutter In an unpublished opinion, the Eleventh Circuit Court of Appeals has held the PLRA bars compensatory and punitive damages …
Florida Corrections Secretary Not Liable For Failing to Protect From Rape by The Eleventh Circuit Court of Appeals affirmed a district court's order granting summary judgment to the Secretary of the Florida Department of Corrections in a 42 U.S.C. §1983 action alleging the Secretary failed to protect him from sexual …
Prisoner Fails To Show Retaliation, Deliberate Indifference by The United States District Court for the Northern District of Florida entered summary judgment against a prisoner's § 1983 action alleging deliberate indifference and retaliation by a prison nurse practitioner (N.P.). Walter Pate, a Florida state prisoner, was diagnosed as having HIV, …
Policy Requiring Court Order For Law Library Access Unconstitutional by The U.S. Court of Appeals for the Eleventh Circuit held that a Sarasota County (Florida) Jail policy requiring a prisoner to obtain a court order before being permitted to use the jail law library was unconstitutional. Plaintiff was arrested on …
Private Corporations Subject to Florida's Public Records Act by Florida's Fourth District Court of Appeals has reversed a Broward County Circuit Court's order dismissing a petition for writ of mandamus, seeking to compel Aramark Food Service to provide a copy of the food service contract between Aramark and the Florida …
Florida Sex Offenders Must Pay for Court Order Treatment by Florida Second District Court of Appeals has held that a trial court's order that requires the Florida Department of Corrections (FDOC) to pay the cost of a probationers sex offender treatment violates the doctrine of separation of powers. The trial …
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 …
