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 …
FL Good Time Change Violates Ex Post Facto by The court of appeals for the Eleventh circuit affirmed a district court ruling granting habeas relief to Florida prisoners. After petitioners were convicted, the Florida legislature changed the good time scheme, to their detriment, and DOC applied the change retroactively to …
Attorney Fees Deposited in Escrow Due to Defendant Intransigence by Florida jail prisoners successfully challenged unconstitutional jail conditions. The district court awarded $7,506.50 in attorney fees for post judgment work done to monitor the injunction and ordered the money deposited into a court escrow account due to the defendants' unwillingness …
Retaliatory Transfer States Claim by The court of appeals for the Fifth circuit held that a lower court erred in dismissing a Florida prisoner's civil rights suit that he was transferred to a higher security prison in retaliation for filing lawsuits and challenging his criminal conviction in court. Case was …
No Right to Copies of Cases when Law Library Access Available by No Right to Copies of Cases When Law Library Access Available The court of appeals for the Eleventh circuit held that a Florida prisoner had no right to be provided with photocopies of court cases as long as …
Extra Protection Provided Under Florida Disciplinary Rules by Florida's First District Court of Appeal has held that the Florida Department of Corrections (FDOC) rules require it to provide a prisoner with the names of witness to incidents within the disciplinary report, produce videotapes, or explain the reasons for the failure …
Delay in Providing Surgery to Florida Prisoner States a Claim by A prisoner survived defendants' motion for summary judgment after the court found a genuine issue of material fact might exist as to whether a delay in treatment demonstrated deliberate indifference to a serious medical need. Seven prisoners from the …
Florida Son of Sam Law Upheld by The Florida District Court of Appeals for the First District, affirmed the Bradford County Circuit Court's decision to impose a lien against Danny Rolling, a convicted serial murderer, and his former wife (London), for proceeds of a book, art work, and autographs related …
No Temporary Injunction Before Conviction Under Florida Son of Sam Statute by The First District Court of Appeals of Florida held that the Bradford County Circuit Court erred in temporarily enjoining the payment of proceeds earned from the reenactment of a crime, even though there had not yet been a …
Florida Reporter Criminally Charged for Receiving Written Communication from Prisoner by Florida Reporter Criminally Charged for Receiving Written Communication from Prisoner Florida's First District Court of Appeals held that a state statute that prohibits a news media reporter from receiving a written communication during a prison visit interview of a …
Statutes Permitting Repossession Without Hearing Violated Due Process by The U.S. Supreme Court held that Pennsylvania and Florida prejudgment replevin statutes, which allowed private parties to repossess goods without first giving the possessors an opportunity to be heard, violated the Fourteenth Amendment. Appellants, most of whom had purchased household goods …
