Florida Prison Visitor Awarded $43,000 for Slip and Fall by On October 24, 2002, a Florida court awarded $43,302.52 to a woman who injured her back when she slipped and fell in the visitation area of the Baker Correctional Institution. Dorothy Jackson, 65, was visiting her son, a state prisoner …
$60,000 Paid in Failure Florida Jail Prisoner to Protect Claim by While imprisoned at Florida's Duval County Jail in October 1998, a 39-year-old prisoner was assaulted by his cellmate, suffering multiple facial fractures, visual impairment, loss of teeth, facial nerve damage, headaches, and emotional distress. The prisoner plaintiff's complaint alleged …
Chileans Allowed to Sue for Wrongful Death in U.S. 26 Years After Family Member was Slain by Chileans Allowed to Sue for Wrongful Death in U.S. 26 Years After Family Member was Slain In 1973, Armando Fernandez-Larios (Fernandez) was part of a Chilean military unit which murdered Winston Cabello a …
Florida Sexual Predators Act Upheld by Everett Milks, a Florida sex offender, challenged Florida's Sexual Predators Act (Act) in Florida's Second District Court of Appeals (2nd Dist.). He claimed the Act's requirement that he register as a sex offender without a hearing to decide if he was dangerous violated his …
$27,000 Paid in Florida Jail Prisoner's Sexual Harassment by Guard by Kayren Burns was a prisoner at Florida's Flagler County Jail on August 8, 1996, when guard Paul Chambrey requested that Burns have sex with him. When she refused, he masturbated, in front of her. Burns brought suit alleging psychological …
$39,000 Awarded in Florida Jail Prisoner's Slip and Fall by While held at Florida's St. Lucie County Jail in 1994, the female prisoner slipped and fell upon stepping out of the shower in her cell, causing a herniated disc at C5-6. She alleged the jail failed to provide footwear designed …
Florida Prisoner's Respiratory Injury Nets $112,000 by A 32-year-old female Florida prisoner sued the Department of Corrections (DOC) after she suffered respiratory dysfunction from inhaling chlorine gas while changing a chlorine cylinder at her prison's water/sewage treatment plant. Because she was not trained or certified to perform the work assigned …
$150,000 Paid in Guard's Assault of Florida Jail Prisoner by While held at Florida's Duval County Jail in April 1991, a 39-year-old detainee requested to use the rest room. His second request was granted, but he had to urinate at the far end of the outdoor compound. Later, he had …
$30,000 Paid for Broadcasting Florida Jail Strip-Search by After being arrested for battery on a law enforcement officer, resisting arrest with violence, and disorderly conduct, the plaintiff in this case was taken to Florida's Delray Beach Police Department's holding cell to await his transport to the Palm Beach County Jail. …
Burned Foot Nets $9,000 for Florida Jail Prisoner by While incarcerated at Florida's Volusia County Jail in March 1993, the prisoner plaintiff in this case was working in the jail's kitchen, which was operated by Szabo Correctional Services. Boiling water from the steam kettle spilled onto the prisoner's right foot, …
Guard Beating Nets $18,000 for Florida Jail Prisoner by While imprisoned at Florida's Alachua County Jail in October 1993, a 40-year-old prisoner was thrown to the ground and kicked by a guard. The prisoner incurred cervical strains and sprains. His lawsuit was settled for $18,000. See: Gay v. Allachua County, …
Prisoner Found Negligent, Ordered to Pay $40,000 in Attorney Fees by A 31-year-old Florida prisoner was assigned to work on a sanitation truck on a work release squad from Zephyrhills Correctional Institution when the truck struck a pole, throwing him from the truck. The prisoner sustained a TMJ and cervical …
Former Florida Guard Awarded $49,000 Despite Summary Judgment Against Her by Diane Wilbur, a former guard at the Cypress Creek Correctional Facility, a juvenile correctional facility in Citrus County, Florida, filed a Federal lawsuit pursuant to Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights …
Class of Disabled Medicaid Recipients Decertified by At 811: A class representative must possess the same interest and suffer the same injury as the class members in order to be typical under Rule 23(a)(3). . . . The typicality requirement may be satisfied despite substantial factual differences, however, when there …
Parole Condition Barring Contact With Religious Sect Upheld by The plaintiff, Yahweh ben Yahweh, was directed to have no direct or indirect contact with members of the Nation of Yahweh ("Black Hebrews") without approval by his parole officer upon his mandatory release on his RICO conviction for involvement in activities …
Threats for Filing Suit Actionable by The plaintiff alleged that an officer repeatedly threatened him because he had brought a lawsuit against the officer's brother. A claim for retaliation for a lawsuit need not meet the requirements for an access to courts claim.The alleged death threats are "malicious and sadistic" …
$2,350,000 Settlement in Florida Jail Prisoner's Restraint Chair Death by The prisoner in this case was 39 years old when he was arrested in Florida's Osceola County for aggravated assault with a firearm and discharge of a firearm in public. During the incident leading to his arrest, the prisoner was …
PLRA Filing Fee Requirement Upheld by 28 U.S.C. § 1915(e)(2)(B)(ii) does not deny equal protection by permitting sua sponte dismissal of indigents' claims. Strict scrutiny does not apply because the statute only addresses procedures once a claim is presented; it does not affect the ability to prepare and file complaints, …
No Authority for ADA to Prohibit Fee for Disabled Parking Placards by The Commerce Clause does not empower Congress, via Title II of the Americans with Disabilities Act, to prohibit a $2.00 charge for placards authorizing the use of parking spaces reserved for the disabled. The court prescribes an "as …
No Modification of Mental Hospital Consent Decree by The defendants wanted to get out of a consent judgment governing a mental health facility, and the court doesn't let them, because even though the facility is closed, it is not established that the discharged patients have been treated consistently with the …
