Florida's "Right-of-Reply" Statute Unconstitutional by Florida's "Right-of-Reply" Statute Unconstitutional The U.S. Supreme Court held unconstitutional Florida's "right-of-reply" statute, which grants a political candidate the right to equal space to answer criticism and attacks on his record by a newspaper, and makes it a misdemeanor for the newspaper to fail to …
$8.2 Million Awarded for Florida Malicious Prosecution by A Florida federal jury awarded a former employee of Brinks, Inc. $8,261,050 for malicious prosecution by Brinks' failure to provide complete information and withholding important evidence from the police regarding a theft. In 1996, while plaintiff was an employee of Brinks, $350,000 …
$1,063,000 Verdict in Florida Prisoner's Wrongful Death by This action was brought by the estate of decedent, who was in his 30's, alleging improper characterization of prisoners and negligent food distribution. The decedent was placed in a cell with a convicted murderer. A dispute erupted over orange juice. The ensuing …
$28,500 Paid in Florida Jail Prisoner's Medical Negligence Claim by On October 13, 1986, Neal D. Braude cut open his little finger on his right hand at the Florida Dade County Jail. Jail personnel failed to treat the injury. The hand eventually became infected and required three surgical procedures that …
$35,000 Paid to Florida Jail Nurse for Assault by On November 12, 1988, while employed as a nurse at Florida's Palm Beach County Jail, Ella Donald was assaulted by a prisoner on suicide watch after a guard opened the prisoner's cell. The prisoner charged through the door, striking Donald. She …
$10,000 Florida Jury Award for Injunction and Confinement by False Claim by On June 10, 2002, a Florida jury awarded a man $10,000 against his ex-wife for 191 days of imprisonment caused by her false accusations. Caryl and Marilyn Brown were being divorced in 1988. She falsely claimed he made …
Fla DOC Cannot Alter Concurrent Sentence by The Florida Supreme Court held the Florida Department of Corrections (FDOC) must comply with the terms of a court's sentencing order and cannot refuse to carry it out. A Florida prisoner received a 13-year habitual offender sentence to run concurrent and conterminous with …
Fla. Prisoners Have Liberty Interest to Remain in General Population by The Fifth Circuit Court of Appeals (now the 11th Circuit) and the Florida Department of Corrections (FDOC) had implemented regulations that created a liberty interest to remain free of segregation. This 42 U.S.C. §1983 action was filed by a …
Failure to Accommodate Blind Prisoner Violates ADA by A Florida federal district court has held that a private medical contractor, EMSA Correctional Care, Inc. (EMSA), and Sheriff Ken Jenne violated a blind prisoner's rights under the Eight Amendment and the American with Disabilities Act (ADA) when they failed to provide …
Delay in Treating Broken Foot States Cause and Shows Deliberate Indifference by The Eleventh Circuit Court of Appeals held that the delay of a few hours in treating a prisoner's broken foot states a constitutional claim. This action was filed by a prisoner of the Hamilton County Jail. The prisoner …
Florida Statute Decreasing Gain-Time Award Unconstitutional by The Supreme Court of Florida held that a revised gain-time statute was Constitutional as to increased gain-time award, but violated ex post facto as to decreased gain time award. Donald Waldrup, a Florida state prisoner sentenced to 15 years for 1980 and 1982 …
Due Process Required In Florida Forfeiture Actions by The Supreme Court of Florida held that the Florida Contraband Forfeiture Act (FCFA) was constitutional as long as it was applied in comportment with state due process requirements. After his arrest on drug trafficking charges, the state initiated forfeiture proceedings against Charles …
Florida: Federal Court Awards Jail Builder $2,300,677 In Contract Action by A construction company tired to build a Volusia County branch jail in Daytona Reach, Florida, was awarded $2,300,677 for extra work the company was required to perform and for the outstanding balance on the contracted construction price. Plaintiff Noonan-South, …
Florida: Assaulted Escambia County Prisoner Awarded $1,000,000 by In this case published by the Florida. Jury Verdict Reporter in October 1989, an Escambia County, Florida, jury awarded $1,000,000 to a man who suffered organic brain damage and paralysis after being attacked by another prisoner in an. Escambia County jail. In …
Florida Good Time Statute Ruled Ex Post Facto by The Supreme Court ruled that a retroactively applied Florida good time statute was unconstitutional. The ruling came in response to Florida's decision to repeal and replace a previous good time statute with one that substantially reduced the amount of good time …
Florida Jail Guard's Discrimination, Due Process Claims Dismissed by The United States District Court for the Southern District of Florida dismissed a former jail guard's state and federal complaints of, among other things, race discrimination, retaliation and due process violations. While employed as a guard by the Miami-Dade County Corrections …
Sixth Amendment Right to Counsel Requires Initiation of Formal Criminal Proceedings; Strapping Violent Arrestee to Bed Constitutional by Sixth Amendment Right to Counsel Requires Initiation of Formal Criminal Proceedings; Strapping Violent Arrestee to Bed Constitutional The Eleventh Circuit Court of Appeals held the Sixth Amendment did not apply to an …
Private Vendor Must Comply With Florida's Public Records Act by Florida's Second District Court of Appeal has affirmed an order of a Polk County Circuit Court that held Prison Health Services (PHS) must comply with Florida's Public Records Act. The Lakeland Ledger Publishing Company sought records pertaining to a settlement …
FL Cops Sic Dog On Suspect; Court Remits Damage Award by On January 29, 2003, Broward County sheriff's deputies went to an apartment in Ft. Lauderdale, Florida to arrest Henry Lafavors. Deputy Olarte entered the apartment and deployed a police dog to subdue Lafavors, who sustained numerous dog bites. He …
FL Country Club Settles For $475,000 With Golf Cart Driver by On August 6, 2002, Joseph Gautette was driving a golf cart at the Cobblestone Country Club in Stuart, Florida. He was injured when he collided with a maintenance vehicle being driven by a prisoner in a work release program. …
