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 …
Obstructing Murder Investigation May Implicate Court Access by Adult children of an African-American woman who was murdered by whites in 1964 during a period of racial unrest sued the Sheriff on the ground that he had denied them access to courts by obstructing the investigation into the murder. At 1282: …
Florida's Private Prison Industry Corporation Sues Spinoff by Florida's private prison industry corporation, Prison Rehabilitation Industries and a Diversified Enterprises (PRIDE), has sued its spinoff company to recover some of the millions spent to prop up that company. The lawsuit comes after over a year of scrutiny into PRIDE's corporate …
S.R. v. United States, FL, Complaint, lesbian prisoner guard sexual abuse, 2007 Case 1:07-cv-20648-CMA Document 13 Entered on FLSD Docket 04/12/2007 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No.: 07-20648-civ-Altonaga/Turnoff S.R., Plaintiff, v. UNITED STATES OF AMERICA, DAMIOUN COLE, in his individual capacity, CHARLES …
Sawchuck v. Jenne, FL, Order, Attorney-Client Communications, 2007 ,~.- Case 0:06-cv-61182- KAM Document 49 " Entered on FLSD Docket 03/30/2007 Page UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 06- 61182- Civ- MARRAlJOHNSON JOSEPH SAWCHUCK and RICHARD SPENCER individually and on behalf of all others similarly situated Plaintiffs …
Florida Warden Susceptible to Liability in Valdes’ Murder; Suit Settles for $1,169,923.42 by David Reutter Florida Warden Susceptible to Liability in Valdes' Murder; Suit Settles for $1,169,923.42 by David M. Reutter While former Florida Department of Corrections director James Crosby was never charged in the murder of Florida death row …
PHS Loses $707 Million FDOC Contract Rebid; State Adopts Hybrid Model of Prison Health Care by John Dannenberg by John E. Dannenberg On September 20, 2006, Tennessee-based Prison Health Services (PHS), a for-profit prison medical care contractor [see: PLN, Nov. 2006, pp. 1-10], exercised an escape clause just ten months …
U.S. v. Lake Worth Police Department, FL, Memo of Agreement, Failure to Provide Language Assistance, 2007 MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE UNITED STATES OF AMERICA AND LAKE WORTH, FLORIDA POLICE DEPARTMENT DEPARTMENT OF JUSTICE NUMBER 171-18-16 A. SCOPE OF THE INVESTIGATION This matter was initiated by a complaint filed …
Osterback v. McDonough, FL, Def's Findings of Fact, 8th Am segregation, 2007 Case 3:04-cv-00210-HLA-MCR Document 841 Filed 02/27/2007 Page 1 of 71 U.S. DISTRICT COURT MIDDLE DISTRICT OF FLORIDA Jacksonville Division MARK OSTERBACK, et al., Plaintiffs, v. Case no. 3:04-CV-210-J-25MCR JAMES MCDONOUGH , et al., Defendants. ________________________________/ DEFENDANTS’ PROPOSED FINDINGS …
Raven v. City of Miami, FL, Motion, Seizure by Physical Force Projectiles Organized Event, 2007 Case 1:06-cv-21182-CMA Document 96 Entered on FLSD Docket 01/16/2007 Page 1 of 30 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO: 06 - 21182 - CIV - JORDAN HOLLEY …
Florida DOC’s Policy Prohibiting Release of Sex Offenders Without Address Unconstitutional by David Reutter Florida DOC's Policy Prohibiting Release of Sex Offenders Without Address Unconstitutional by David M. Reutter In October, 2005, a Florida Circuit Court has held that a Florida Department of Corrections (FDOC) policy that requires a sex …
