Ex-Prisoner Sues Over Phony Jail Dentist by When Timothy Stanley, 32, was in the Marion County (FL) Jail in January, 1997, facing drug charges, he needed some dental work done. According to the jail's medical log, Sheriff Ken Ergle's "dentist", Illya Fitzgerald Hathorn, pulled one of Stanley's teeth. Now Stanley …
No Qualified Immunity for Private Health Care Provider by Afederal district court in Florida denied qualified immunity to a private provider of health care services to a county jail. Health care personnel failed to give a prisoner with a history of heart attacks her heart medication and ignored her complaints …
PLRA Termination Provision Constitutional in Eleventh Circuit by The court of appeals for the Eleventh circuit held that the termination provision of the Prison Litigation Reform Act (PLRA), 18 U.S.C. § 3626(b)(2), does not violate the separation-of-powers doctrine, the due process clause, nor the equal protection clause of the fifth …
Nine Florida Prison Guards Indicted, Fired by Nine Florida state prison guards were indicted July 10, 1998, on federal conspiracy and civil rights violation felony charges in the death of a prisoner who was chained, beaten, and left to bleed to death. A tenth guard, presumably the one who broke …
FL DOC Violates Individuals with Disabilities Education Act by Afederal district court in Florida held that § 944.801(4), Fla. Stat. (1997), which permits prisoners under 22 years of age, who qualify for special educational services and programs pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1415, …
ADA/RA Apply to FL Prison Gain Time Issues; Suit Settled by ADA/RA Apply To FL Prison Gain Time Issues; Suit Settled A federal district court in Florida held that the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C § 12101 et seq., and Rehabilitation Act of 1973 (RA), 29 …
Lee v. Singletary, FL, Appeal Brief, Prisoner Transport Black Box Handcuffs, 1998 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT CASE NO. 97-3428 WILLIAM L. LEE, et al., Plaintiffs - Appellants, vs. HARRY K. SINGLETARY, et al., ) ) ) ) ) ) ) ) Defendants - …
MCI Refund to Florida Prisoner Families by Friends and family of Florida prisoners may be entitled to $190,000 worth of free telephone calls under a recommendation issued by the Florida Public Service Commission (PSC). Between February and July 1996, as previously reported in several PLN articles, telephone giant MCI overcharged …
Another Florida Gain-Time Statute Unconstitutional by In a 5-2 decision the Supreme Court of Florida held that a recently enacted statute requiring the mandatory abrogation of state prisoners' right to earn "incentive gain-time"1 for up to six months following prison disciplinary convictions, was an unconstitutional ex post facto law, as …
Florida Prisoners Have Right to Present Evidence at Disciplinary Hearings by Florida Prisoners Have Right To Present Evidence At Disciplinary Hearings A Florida state appellate court held that a denial by prison authorities of an opportunity for a prisoner to present exculpatory evidence at a prison disciplinary hearing states a …
Florida Finally Learns the Meaning of Ex Post Facto by In a one paragraph memorandum opinion the Supreme Court of Florida held that the retroactive cancellation of provisional credits, previously awarded pursuant to statute, violates the ex post facto restrictions of the state and federal constitutions. As a result of …
Prison Disciplinary Proceedings Cognizable Under § 1983 in Florida by Prison Disciplinary Proceedings Cognizable Under § 1983 In Florida AFlorida state appellate court held that a denial of staff assistance, documentary evidence, and witness testimony in a prison disciplinary hearing states a due process claim under 42 U.S.C. § 1983, …
$60,000 Judgement Against Florida DOC Reinstated by James Quigley A Florida appellate court reversed a trial court order setting aside a jury verdict against the Florida Department of Corrections (DOC) and granting the DOC a new trial. The court directed the lower tribunal to reinstate the jury award of $60,000 …
No Immunity in Jail Suicide for Medical Contractor by Afederal district court in Florida held that genuine issues of fact existed as to whether a jail psychologist and the private corporation that employed him had acted with deliberate indifference to a pretrial detainee's health needs, obviating summary judgment on the …
Florida Prisoners Have Property Interest Under DOC Rules by A Florida appellate court held that Title 33 of the Florida Administrative Code, the rules of the Florida Department of Corrections (DOC), affords Florida state prisoners a vested right to possess property insofar as the property was authorized and the prisoner …
Pretrial Detainees Not Covered by FLSA by Pretrial Detainees Not Covered By FLSA The court of appeals for the eleventh circuit held that pretrial detainees who perform services at the direction of jail officials for the benefit of the facility are not covered by the federal Fair Labor Standards Act …
No Immunity for Florida Private Jail by The district court for the middle district of Florida held that the sheriff, the county and a private corporation operating the county jail were liable for detaining an arrestee for 30 days without a probable cause hearing. The court also held that monetary …
Florida PRIDE Employees Denied Minimum Wages by James Quigley The court of appeals for the eleventh circuit affirmed summary judgment against Florida state prisoners who claimed entitlement to the federal minimum wage under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219. The court held that the private, non …
PRIDE Eyes Private Markets by Florida's prison industry program, known as PRIDE, is developing a pilot program to allow private manufacturers to "outsource" contracts that would have PRIDE furniture plant workers produce furniture for eventual sale on the open market. Success there could lead to more "outsourcing" contracts which would …
Leon County Employees Replaced by Slaves by Leon County, Florida, sheriff Larry Campbell beamed with pride as he watched one of his campaign promises come true. Fourteen zebra-striped prisoners filed onto a bus waiting to take them to their first day of forced labor clearing brush along county roads. Campbell …
