Case: Canupp v. Liberty Behavioral Health Corporation

2:04-cv-00260 | U.S. District Court for the Middle District of Florida

Filed Date: May 7, 2004

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On May 7, 2004, individuals in the custody of the Florida Department of Children and Families (DCF) filed a civil rights suit pursuant to 42 U.S.C. § 1983 in U.S. District Court for the Middle District of Florida, challenging the conditions of their confinement at the Florida Civil Commitment Center (FCCC) in Arcadia, Florida. Plaintiffs were all involuntarily civilly confined at the FCCC pursuant to Sexually Violent Predator Act §§ 394.910, et seq. Fla. Stat. (2003). Plaintiffs alleged viola…

On May 7, 2004, individuals in the custody of the Florida Department of Children and Families (DCF) filed a civil rights suit pursuant to 42 U.S.C. § 1983 in U.S. District Court for the Middle District of Florida, challenging the conditions of their confinement at the Florida Civil Commitment Center (FCCC) in Arcadia, Florida. Plaintiffs were all involuntarily civilly confined at the FCCC pursuant to Sexually Violent Predator Act §§ 394.910, et seq. Fla. Stat. (2003). Plaintiffs alleged violations of their constitutional rights, specifically their 14th Amendment rights, and the Americans with Disabilities Act, 42 U.S.C. § 12131 et. seq. (ADA) by the denial of effective sex offender treatment programs, lack of appropriate mental health care, and the failure to identify and accommodate inmates with disabilities in a way that would allow them to participate effectively in sex-offender treatment. Attorneys for the Southern Legal Counsel, Inc., the Florida Institutional Legal Services, Inc. and the Legal Advocacy Center of Central Florida, Inc. represented plaintiffs.

Plaintiffs sought declaratory and injunctive relief, as well as class certification. Defendants named in the Complaint were the DCF and the private corporation Liberty Behavioral Healthcare Corp. which operated the FCCC pursuant to a contract with the DCF.

Discovery and discovery related disputes comprised the majority of the case activity for the next several years.

On January 16, 2007, the District Court (Judge John E. Steele) granted Liberty's motion to be dismissed as a defendant, on the grounds that Liberty no longer operated the FCCC and that the plaintiff class sought declaratory and injunctive relief, but not money damages. Plaintiffs moved to join GEO Group, Inc., the company contracted to run the facility for a five-year term beginning on January 1, 2007, as a defendant. This motion was granted, but because of likely delays that would have resulted from GEO's participation as a party, the plaintiffs voluntarily dismissed GEO on June 4, 2007. The case continued against DCF.

Discovery disputes and failed attempts by other inmates to join the case as intervening plaintiffs dominated the case docket for the next two and a half years. The case was scheduled to go to trial in September 2009, but on July 16, 2009 the parties moved to have the case stayed while a settlement was finalized. The case settled on November 23, 2009, and the case was dismissed with prejudice.

The settlement established a Final Action Plan, which itself was not, the parties agreed, a judicially enforceable settlement or court issued injunction. The Plan called for improvements to the oversight and staffing of the inpatient mental health unit, the implementation of policies addressing the screening and referral process for the use of anti-androgens, comprehensive discharge planning for Phase IV residents, modifications to the special needs treatment track, and additional training for clinical staff and housing staff. The Final Action Plan also acknowledged significant improvements implemented by DCF and GEO during the pendency of the case. All of the issues in the plaintiffs complaint were either addressed by the terms of the Final Action Plan, or had been addressed by changes to FCCC's policies during the pendency of the case. The Final Action Plan was scheduled to be fully implemented by February 2010.

The defendants agreed to pay $249,000 in fees and costs to the plaintiffs' attorneys.

Several class members objected to the settlement. They argued, inter alia, that the settlement should have required a federal monitor or court oversight to ensure compliance. The district court rejected this argument when it approved the settlement, and several class members then filed separate appeals to the Eleventh Circuit Court of Appeals, which denied each appeal, and on February 24, 2010 affirmed the District Court's approval of the settlement.

Summary Authors

Dan Dalton (3/5/2007)

Alex Colbert-Taylor (8/2/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4228243/parties/canupp-v-liberty-behavioral/


Judge(s)

Chappell, Sheri Polster (Florida)

Covington, Virginia Maria Hernandez (Florida)

Edmondson, James Larry (Georgia)

Frazier, Douglas N. (Florida)

Lazzara, Richard A. (Florida)

Steele, John E. (Florida)

Tjoflat, Gerald Bard (Florida)

Attorneys(s) for Plaintiff

Capobianco, Cassandra J. (Florida)

Cooley, Kristen M. (Florida)

Copabianco, Cassandra J. (Florida)

Judge(s)

Chappell, Sheri Polster (Florida)

Covington, Virginia Maria Hernandez (Florida)

Edmondson, James Larry (Georgia)

Frazier, Douglas N. (Florida)

Lazzara, Richard A. (Florida)

Steele, John E. (Florida)

Tjoflat, Gerald Bard (Florida)

Attorneys(s) for Plaintiff

Capobianco, Cassandra J. (Florida)

Cooley, Kristen M. (Florida)

Copabianco, Cassandra J. (Florida)

Jones, Christopher Michael (Florida)

Lentz, Kristen Cooley (Florida)

Nelson, Alice K. (Florida)

Shirley, Lisa White (Texas)

Sleasman, Peter P. (Florida)

Attorneys(s) for Defendant

Bradley, Cecilia (Florida)

Crist, Charles J. Jr. (Florida)

Fromm, Barbara C. (Florida)

Haymes, Jennifer R. (Florida)

Jolly, John W. Jr. (Florida)

Kilinski, Caryl (Florida)

Maher, Susan Adams (Florida)

Smith, Chesterfield Jr. (Florida)

Vail, E. Jason (Florida)

Other Attorney(s)

Adkins, Gwendolyn Palmer (Florida)

Kummerlen, Gregory A (Florida)

Sullivan, Jennifer Ann (Florida)

Documents in the Clearinghouse

Document

2:04-cv-00260

09-15949

09-16334

10-10110

10-10111

10-10112

10-10113

10-10114

10-10115

10-10116

10-10117

10-10118

10-10135

10-10567

10-11826

Docket [PACER]

Canupp v. Liberty Behavioral Healthcare Corp.

Feb. 24, 2012

Feb. 24, 2012

Docket
1

2:04-cv-00260

Class Action Complaint

Canupp v. Liberty Behavioral Health Corp.

May 7, 2004

May 7, 2004

Complaint
23

2:04-cv-00260

Answer and Defenses of Defendant Jerry Regier

Canupp v. Liberty Behavioral Healthcare Corp.

July 22, 2004

July 22, 2004

Pleading / Motion / Brief
55

2:04-cv-00260

Plaintiffs' Motion for Voluntary Dismissal of Daniel Fabian, Bruce Kramer, and Count 4

Canupp v. Liberty Behavioral Healthcare Corp.

Feb. 4, 2005

Feb. 4, 2005

Pleading / Motion / Brief
61

2:04-cv-00260

Order

Canupp v. Liberty Behavioral Healthcare Corp.

March 14, 2005

March 14, 2005

Order/Opinion
62

2:04-cv-00260

Order (granting plaintiff's motion for voluntary dismissal)

Canupp v. Liberty Behavioral Healthcare Corp.

March 14, 2005

March 14, 2005

Order/Opinion
65

2:04-cv-00260

Order [Denying Motion for Partial Summary Judgment]

Canupp v. Liberty Behavioral Health Corp

March 22, 2005

March 22, 2005

Order/Opinion
66

2:04-cv-00260

Order (granting plaintiff's motion for class action and certifying two subclasses)

Canupp v. Liberty Behavioral Healthcare Corp.

March 29, 2005

March 29, 2005

Order/Opinion
110

2:04-cv-00260

Order

Canupp v. Liberty Behavioral Healthcare Corp.

Dec. 30, 2005

Dec. 30, 2005

Order/Opinion
154

2:04-cv-00260

Order of Partial Dismissal

Canupp v. Liberty Behavioral Healthcare Corp.

Jan. 16, 2007

Jan. 16, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4228243/canupp-v-liberty-behavioral/

Last updated Aug. 4, 2022, 3:24 a.m.

ECF Number Description Date Link Date / Link
1

Complaint

May 7, 2004

May 7, 2004

RECAP
2

Order

May 7, 2004

May 7, 2004

PACER
3

Notice of designation of track 2

May 7, 2004

May 7, 2004

PACER
4

Notice of pendency of related cases

May 17, 2004

May 17, 2004

PACER
5

Certificate of Service

May 17, 2004

May 17, 2004

PACER
6

Certificate of compliance

May 17, 2004

May 17, 2004

PACER
7

Notice (Other)

June 16, 2004

June 16, 2004

PACER
8

Notice (Other)

June 16, 2004

June 16, 2004

PACER
9

Notice of Appearance

June 18, 2004

June 18, 2004

PACER
10

Motion for miscellaneous relief

June 21, 2004

June 21, 2004

PACER
11

Order

June 28, 2004

June 28, 2004

PACER
12

Motion for extension of time to file answer or otherwise plead

July 2, 2004

July 2, 2004

PACER
13

Certificate of compliance

July 6, 2004

July 6, 2004

PACER
14

Motion for extension of time to file answer or otherwise plead

July 6, 2004

July 6, 2004

PACER
15

Order

July 6, 2004

July 6, 2004

PACER
16

Notice of Appearance

July 12, 2004

July 12, 2004

PACER
17

Notice of Appearance

July 12, 2004

July 12, 2004

PACER
18

Case Management Report

July 13, 2004

July 13, 2004

PACER
19

Suggestion of

July 13, 2004

July 13, 2004

PACER
20

Certificate of interested persons and corporate disclosure statement

July 14, 2004

July 14, 2004

PACER
21

Order on motion for extension of time to answer

July 20, 2004

July 20, 2004

PACER
22

Order on motion for extension of time to answer

July 20, 2004

July 20, 2004

PACER
23

Answer to complaint

July 22, 2004

July 22, 2004

PACER
24

Motion for judgment on the pleadings

2 Exhibit Exhibit Index

View on PACER

3 Exhibit Affidavit of Jean Evans

View on PACER

4 Exhibit Order, Marsh v. State of Florida

View on PACER

5 Exhibit Affidavit of Bruce Kramer

View on PACER

6 Exhibit Exhibit 4 Cover Sheet

View on PACER

7 Exhibit Incident Reports pages 1-70

View on PACER

8 Exhibit Incident Reports Pages 71-140

View on PACER

9 Exhibit Incident Reports Pages 141-174

View on PACER

10 Exhibit Affidavit of Gregory Venz

View on PACER

July 22, 2004

July 22, 2004

PACER
25

Answer to complaint

July 23, 2004

July 23, 2004

PACER
26

Motion for extension of time to file document

July 27, 2004

July 27, 2004

PACER
27

Motion to certify class

Aug. 4, 2004

Aug. 4, 2004

PACER
28

Notice (Other)

Aug. 10, 2004

Aug. 10, 2004

PACER
29

Motion to extend time

Aug. 11, 2004

Aug. 11, 2004

PACER
30

Motion for extension of time to file document

Aug. 13, 2004

Aug. 13, 2004

PACER
31

Order on motion for extension of time to file

Aug. 16, 2004

Aug. 16, 2004

PACER
32

Order on motion to extend time

Aug. 16, 2004

Aug. 16, 2004

PACER
33

Order on motion for extension of time to file

Aug. 17, 2004

Aug. 17, 2004

PACER
34

Motion for discovery

Aug. 30, 2004

Aug. 30, 2004

PACER
35

Response in opposition to motion

Aug. 30, 2004

Aug. 30, 2004

PACER
36

Request for oral argument

Aug. 30, 2004

Aug. 30, 2004

PACER
37

Notice (Other)

Aug. 30, 2004

Aug. 30, 2004

PACER
38

Motion for extension of time to file document

Aug. 31, 2004

Aug. 31, 2004

PACER
39

Response in opposition to motion

Sept. 14, 2004

Sept. 14, 2004

PACER
40

Order on motion for extension of time to file

Sept. 16, 2004

Sept. 16, 2004

PACER
41

Case Assigned/Reassigned

Sept. 21, 2004

Sept. 21, 2004

PACER
42

Notice (Other)

Sept. 30, 2004

Sept. 30, 2004

PACER
43

Motion for extension of time to file response/reply

Oct. 13, 2004

Oct. 13, 2004

PACER
44

Order on motion for extension of time to file response/reply

Oct. 21, 2004

Oct. 21, 2004

PACER
45

Response to motion

Nov. 5, 2004

Nov. 5, 2004

PACER
46

Request for oral argument

Nov. 5, 2004

Nov. 5, 2004

PACER
47

Notice (Other)

Nov. 10, 2004

Nov. 10, 2004

PACER
48

Motion to substitute party

Dec. 14, 2004

Dec. 14, 2004

PACER
49

Notice (Other)

Dec. 14, 2004

Dec. 14, 2004

PACER
50

Order on motion to substitute party

Dec. 20, 2004

Dec. 20, 2004

PACER
51

Order on motion for discovery

Jan. 18, 2005

Jan. 18, 2005

PACER
52

Order

Jan. 18, 2005

Jan. 18, 2005

PACER
53

Motion for reconsideration

Jan. 21, 2005

Jan. 21, 2005

PACER
54

Notice (Other)

Jan. 28, 2005

Jan. 28, 2005

PACER
55

Motion to dismiss

Feb. 4, 2005

Feb. 4, 2005

PACER
56

Response to motion

Feb. 4, 2005

Feb. 4, 2005

PACER
57

Notice (Other)

Feb. 4, 2005

Feb. 4, 2005

PACER
58

Motion for protective order

Feb. 24, 2005

Feb. 24, 2005

PACER
59

Motion for protective order

Feb. 25, 2005

Feb. 25, 2005

PACER
60

Response to motion

March 10, 2005

March 10, 2005

PACER
61

Order on motion for protective order

March 14, 2005

March 14, 2005

PACER
62

Order on motion to dismiss

March 14, 2005

March 14, 2005

PACER
63

Order on motion for reconsideration

March 17, 2005

March 17, 2005

PACER
64

Notice of Appearance

March 18, 2005

March 18, 2005

PACER
65

Order on Motion for Judgment on the Pleadings

March 22, 2005

March 22, 2005

PACER
66

Order on motion to certify class

March 29, 2005

March 29, 2005

PACER
67

Motion for reconsideration

April 7, 2005

April 7, 2005

PACER
68

Motion for extension of time to file response/reply

April 8, 2005

April 8, 2005

PACER
69

Order on motion for extension of time to file response/reply

April 12, 2005

April 12, 2005

PACER
70

Response in opposition to motion

April 28, 2005

April 28, 2005

PACER
71

Notice (Other)

April 29, 2005

April 29, 2005

PACER
72

Order on motion for reconsideration

July 1, 2005

July 1, 2005

PACER
73

Related case order and notice of designation of track 3

July 6, 2005

July 6, 2005

PACER
74

Notice (Other)

July 11, 2005

July 11, 2005

PACER
75

Notice of pendency of related cases

July 18, 2005

July 18, 2005

PACER
76

Case Management Report

July 19, 2005

July 19, 2005

PACER
77

Notice (Other)

July 19, 2005

July 19, 2005

PACER
78

ORDER directing the Plaintiff to meet and confer with opposing counsel for the filing of a Case Management Report within TWENTY days of this Order. The Case Management Report shall be filed within TEN days of the meeting. Signed by Judge Virginia M. Hernandez Covington on 7/20/2005. (mem)

July 20, 2005

July 20, 2005

RECAP
79

Motion for miscellaneous relief

July 28, 2005

July 28, 2005

PACER
80

Order on Motion for Miscellaneous Relief

Aug. 3, 2005

Aug. 3, 2005

PACER
81

Case Management Report

Aug. 18, 2005

Aug. 18, 2005

PACER
82

Motion for miscellaneous relief

Aug. 18, 2005

Aug. 18, 2005

PACER
83

Motion to compel

2 Exhibit 1 - Request to Enter on Land

View on PACER

3 Exhibit 2 - Hadi's Formal Objections

View on PACER

4 Exhibit 4 - Vail May 4 Correspondence

View on PACER

5 Exhibit 4 - Plantinffs' May 12 Response

View on PACER

6 Exhibit 5 - Vail May 24 Correspondence

View on PACER

7 Exhibit 6 - Dr Burns Declaration

View on PACER

8 Exhibit 7 - Dr Berlin Declaration

View on PACER

9 Exhibit 8 - Resident Handbook

View on PACER

Aug. 19, 2005

Aug. 19, 2005

PACER
84

Order on Motion for Miscellaneous Relief

Aug. 22, 2005

Aug. 22, 2005

PACER
85

Order

Aug. 22, 2005

Aug. 22, 2005

PACER
86

Motion for extension of time to file document

Aug. 26, 2005

Aug. 26, 2005

PACER
87

Case Management Report

Sept. 2, 2005

Sept. 2, 2005

PACER
88

Case management and scheduling order

Sept. 6, 2005

Sept. 6, 2005

PACER
89

Memorandum in opposition

Oct. 7, 2005

Oct. 7, 2005

PACER
90

Response to motion

Oct. 10, 2005

Oct. 10, 2005

PACER
91

Motion to withdraw as attorney

Oct. 13, 2005

Oct. 13, 2005

PACER
92

Order on motion to withdraw as attorney

Oct. 17, 2005

Oct. 17, 2005

PACER
93

Motion for extension of time to file response/reply

Oct. 24, 2005

Oct. 24, 2005

PACER
94

Order on motion for extension of time to file

Oct. 27, 2005

Oct. 27, 2005

PACER
95

Notice of Hearing

Oct. 31, 2005

Oct. 31, 2005

PACER
96

Response

2 Exhibit Exhibit List and Exhibits 1-5

View on PACER

Nov. 4, 2005

Nov. 4, 2005

PACER
97

Motion to continue

Nov. 4, 2005

Nov. 4, 2005

PACER
99

Order on motion to continue

Nov. 7, 2005

Nov. 7, 2005

PACER
98

Notice canceling hearing

Nov. 8, 2005

Nov. 8, 2005

PACER
100

Motion to continue

Nov. 9, 2005

Nov. 9, 2005

PACER

Case Details

State / Territory: Florida

Case Type(s):

Mental Health (Facility)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 7, 2004

Closing Date: 2009

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Individuals confined at the Florida Civil Commitment Center (FCCC) in Arcadia, Florida.

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Florida Civil Commitment Center (FCCC) (Arcadia), State

Florida Department of Children and Families (DCF), State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $249,000

Order Duration: 2009 - 0

Content of Injunction:

Discrimination Prohibition

Other requirements regarding hiring, promotion, retention

Issues

General:

Conditions of confinement

Individualized planning

Placement in mental health facilities

Rehabilitation

Sex offender regulation

Staff (number, training, qualifications, wages)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mental Disability:

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Mental health care, general

Mental health care, unspecified

Type of Facility:

Government-run