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 attorneys, see: https://www.courtlistener.com/docket/4228243/parties/canupp-v-liberty-behavioral/


Judge(s)

Chappell, Sheri Polster (Florida)

Attorney for Plaintiff

Capobianco, Cassandra J. (Florida)

Cooley, Kristen M. (Florida)

Attorney for Defendant

Bradley, Cecilia (Florida)

Expert/Monitor/Master/Other

Adkins, Gwendolyn Palmer (Florida)

Documents in the Clearinghouse

Documents in this case

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

Docket

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

Last updated Oct. 29, 2026, 8:17 p.m.

Docket for: Canupp v. Liberty Behavioral
ECF Number Date Description Link
1 May 7, 2004

CLASS ACTION COMPLAINT for injunctive relief sought filed Filing fee $ 150.00 Receipt # F005213 (sll) (Entered: 05/07/2004)

RECAP
2 May 7, 2004

INTERESTED PERSONS ORDER ( Signed by Judge John E. Steele ) ctc (lap) (Entered: 05/11/2004)

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3 May 7, 2004

NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (lap) (Entered: 05/11/2004)

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May 7, 2004

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Douglas N. Frazier (sll)

4 May 17, 2004

NOTICE by Roger G. Canupp, Jacob Myers, Lawrence McGee, Hubert Davidson, Tywaun Jackson, Charles Durden, Daniel Fabian, Bruce Kramer of pendency of other actions re: order of compliance to local rule (sll) (Entered: 05/18/2004)

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5 May 17, 2004

CERTIFICATE OF SERVICE of [3-1] track 2 notice by Roger G. Canupp, Jacob Myers, Lawrence McGee, Hubert Davidson, Tywaun Jackson, Charles Durden, Daniel Fabian, Bruce Kramer (sll) (Entered: 05/18/2004)

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6 May 17, 2004

CERTIFICATE OF COMPLIANCE by Roger G. Canupp, Jacob Myers, Lawrence McGee, Hubert Davidson, Tywaun Jackson, Charles Durden, Daniel Fabian, Bruce Kramer Re: [2-1] order (sll) (Entered: 05/18/2004)

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7 June 16, 2004

NOTICE of filing waiver of service by Roger G. Canupp, Jacob Myers, Lawrence McGee, Hubert Davidson, Tywaun Jackson, Charles Durden, Daniel Fabian, Bruce Kramer (sll) (Entered: 06/16/2004)

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8 June 16, 2004

NOTICE of filing waiver of service by Roger G. Canupp, Jacob Myers, Lawrence McGee, Hubert Davidson, Tywaun Jackson, Charles Durden, Daniel Fabian, Bruce Kramer (sll) (Entered: 06/16/2004)

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9 June 18, 2004

NOTICE of attorney appearance for Jerry Regier by Chesterfield Smith Jr., Cecilia Bradley, Edwin Jason Vail (sll) (Entered: 06/21/2004)

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10 June 21, 2004

PLAINTIFF'S UNOPPOSED MOTION by Roger G. Canupp, Jacob Myers, Lawrence McGee, Hubert Davidson, Tywaun Jackson, Charles Durden, Daniel Fabian, Bruce Kramer (unopposed) for telephonic case management meeting referred to Magistrate Judge Douglas N. Frazier (proposed order attached) (sll) (Entered: 06/21/2004)

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11 June 28, 2004

ORDER granting [10-1] consent motion (unopposed) for telephonic case management meeting ( Signed by Magistrate Judge Douglas N. Frazier ) ctc (sll) (Entered: 06/29/2004)

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12 July 2, 2004

MOTION by Jerry Regier with memorandum in support to extend time to answer or otherwise plead referred to Magistrate Judge Douglas N. Frazier (proposed order attached) (sll) (Entered: 07/02/2004)

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13 July 6, 2004

CERTIFICATE OF COMPLIANCE by Jerry Regier Re: [2-1] order (sll) (Entered: 07/06/2004)

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14 July 6, 2004

MOTION by Liberty Behavioral with memorandum in support to extend time to answer or otherwise plead referred to Magistrate Judge Douglas N. Frazier (proposed order attached) (sll) (Entered: 07/06/2004)

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15 July 6, 2004

INTERESTED PERSONS ORDER directing Liberty Behavioral Healthcare Corporation to file a certificate of interested persons and corporate disclosure statement within 11 days. ( Signed by Judge John E. Steele ) ctc (sll) (Entered: 07/06/2004)

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16 July 12, 2004

NOTICE of Appearance by Jennifer R. Haymes on behalf of Liberty Behavioral Healthcare Corp. (Haymes, Jennifer) (Entered: 07/12/2004)

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17 July 12, 2004

NOTICE of Appearance by Barbara C. Fromm, John W. Jolly Jr. on behalf of Liberty Behavioral Healthcare Corp. (slu, ) (Entered: 07/13/2004)

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18 July 13, 2004

CASE MANAGEMENT REPORT. (Lentz, Kristen) (Entered: 07/13/2004)

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19 July 13, 2004

SUGGESTION of track change by Roger G. Canupp, Hubert Davidson, Charles Durden, Daniel Fabian, Tywaun Jackson, Bruce Kramer, Liberty Behavioral Healthcare Corp., Lawrence McGee, Jacob Myers, Jerry Regier. (Lentz, Kristen) (Entered: 07/13/2004)

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20 July 14, 2004

CERTIFICATE of interested persons and corporate disclosure statement by Liberty Behavioral Healthcare Corp.. (Fromm, Barbara) (Entered: 07/14/2004)

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21 July 20, 2004

ORDER granting 12 Motion for extension of time to answer Jerry Regier answer due 7/23/2004. . Signed by Judge Douglas N. Frazier on 7/20/2004. (slu, ) (Entered: 07/21/2004)

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22 July 20, 2004

ORDER granting 14 Motion for extension of time to answer Liberty Behavioral Healthcare Corp. answer due 7/23/2004. . Signed by Judge Douglas N. Frazier on 7/20/2004. (slu, ) (Entered: 07/21/2004)

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23 July 22, 2004

Defendant's ANSWER to complaint and Defenses by Jerry Regier.(Smith, Chesterfield) (Entered: 07/22/2004)

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24 July 22, 2004

MOTION for Judgment on the Pleadings (Partial) and/or for Partial Summary Judgment by Jerry Regier. (Attachments: # 1 Exhibit Exhibit Index# 2 Exhibit Affidavit of Jean Evans# 3 Exhibit Order, Marsh v. State of Florida# 4 Exhibit Affidavit of Bruce Kramer# 5 Exhibit Exhibit 4 Cover Sheet# 6 Exhibit Incident Reports pages 1-70# 7 Exhibit Incident Reports Pages 71-140# 8 Exhibit Incident Reports Pages 141-174# 9 Exhibit Affidavit of Gregory Venz)(Smith, Chesterfield) (Entered: 07/22/2004)

2 Exhibit Exhibit Index

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3 Exhibit Affidavit of Jean Evans

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4 Exhibit Order, Marsh v. State of Florida

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5 Exhibit Affidavit of Bruce Kramer

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6 Exhibit Exhibit 4 Cover Sheet

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7 Exhibit Incident Reports pages 1-70

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8 Exhibit Incident Reports Pages 71-140

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9 Exhibit Incident Reports Pages 141-174

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10 Exhibit Affidavit of Gregory Venz

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25 July 23, 2004

ANSWER to complaint by Liberty Behavioral Healthcare Corp..(Jolly, John) (Entered: 07/23/2004)

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26 July 27, 2004

MOTION for Extension of Time to File Response to Defendant Regier's Motion for Partial Judgment on the Pleadings and/or for Partial Summary Judgment by Roger G. Canupp, Hubert Davidson, Charles Durden, Daniel Fabian, Tywaun Jackson, Bruce Kramer, Lawrence McGee, Jacob Myers. (Lentz, Kristen) (Entered: 07/27/2004)

RECAP
27 Aug. 4, 2004

MOTION to certify class by Roger G. Canupp, Hubert Davidson, Charles Durden, Daniel Fabian, Tywaun Jackson, Bruce Kramer, Lawrence McGee, Jacob Myers. (Lentz, Kristen) (Entered: 08/04/2004)

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28 Aug. 10, 2004

NOTICE by Jerry Regier of filing additional exhibits re motion for judgment on the pleadings and/or msj (Attachments: # 1)(Smith, Chesterfield) (Entered: 08/10/2004)

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29 Aug. 11, 2004

MOTION to extend time to serve response to Plaintiffs' Motion for Class Certification by Liberty Behavioral Healthcare Corp., Jerry Regier. (Fromm, Barbara) (Entered: 08/11/2004)

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30 Aug. 13, 2004

MOTION for Extension of Time to File response by Roger G. Canupp, Hubert Davidson, Charles Durden, Daniel Fabian, Tywaun Jackson, Bruce Kramer, Lawrence McGee, Jacob Myers. (Lentz, Kristen) (Entered: 08/13/2004)

RECAP
31 Aug. 16, 2004

ORDER granting 26 Motion for Extension of Time to File response no later than 8/30/04 . Signed by Judge Douglas N. Frazier on 8/16/2004. (slu, ) (Entered: 08/16/2004)

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32 Aug. 16, 2004

ORDER granting 29 Motion to extend time to file response no later than 9/13/04 . Signed by Judge Douglas N. Frazier on 8/16/2004. (slu, ) (Entered: 08/16/2004)

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33 Aug. 17, 2004

ORDER denying as moot 30 Motion for Extension of Time to File . Signed by Judge Douglas N. Frazier on 8/17/2004. (slu, ) (Entered: 08/19/2004)

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34 Aug. 30, 2004

MOTION for discovery Pursuant to Rule 56(f) by Roger G. Canupp, Hubert Davidson, Charles Durden, Daniel Fabian, Tywaun Jackson, Bruce Kramer, Lawrence McGee, Jacob Myers. (Capobianco, Cassandra) (Entered: 08/30/2004)

RECAP
35 Aug. 30, 2004

RESPONSE in opposition re 24 MOTION for Judgment on the Pleadings (Partial) and/or for Partial Summary Judgment filed by Roger G. Canupp, Hubert Davidson, Charles Durden, Daniel Fabian, Tywaun Jackson, Bruce Kramer, Lawrence McGee, Jacob Myers. (Capobianco, Cassandra) (Entered: 08/30/2004)

RECAP
36 Aug. 30, 2004

REQUEST for oral argument by Roger G. Canupp, Hubert Davidson, Charles Durden, Daniel Fabian, Tywaun Jackson, Bruce Kramer, Lawrence McGee, Jacob Myers. (Capobianco, Cassandra) (Entered: 08/30/2004)

RECAP
37 Aug. 30, 2004

NOTICE by Roger G. Canupp, Hubert Davidson, Charles Durden, Daniel Fabian, Tywaun Jackson, Bruce Kramer, Lawrence McGee, Jacob Myers Notice of filing Plaintiffs' Statement of Material Facts (Lentz, Kristen) (Entered: 08/30/2004)

RECAP
38 Aug. 31, 2004

MOTION for Extension of Time to File by Jerry Regier. (Vail, Edwin) (Entered: 08/31/2004)

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39 Sept. 14, 2004

RESPONSE in opposition re 34 MOTION for discovery Pursuant to Rule 56(f) filed by Jerry Regier. (Vail, Edwin) (Entered: 09/14/2004)

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40 Sept. 16, 2004

ORDER granting 38 Motion for Extension of Time to File . Signed by Judge Douglas N. Frazier on 9/16/2004. (slu, ) (Entered: 09/16/2004)

RECAP
41 Sept. 21, 2004

Case reassigned to Judge Virginia M. Hernandez Covington. Judge John E. Steele no longer assigned to the case. New case number: 2:04-cv-260-FTM-33DNF (LAG, ) (Entered: 09/21/2004)

RECAP
42 Sept. 30, 2004

NOTICE by Roger G. Canupp, Hubert Davidson, Charles Durden, Daniel Fabian, Tywaun Jackson, Bruce Kramer, Lawrence McGee, Jacob Myers of filing declaration (Lentz, Kristen) (Entered: 09/30/2004)

RECAP
43 Oct. 13, 2004

MOTION for Extension of Time to File Response/Reply as to 27 MOTION to certify class by Jerry Regier. (Smith, Chesterfield) (Entered: 10/13/2004)

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44 Oct. 21, 2004

ORDER granting 43 Motion for Extension of Time to File Response/Reply re 27 MOTION to certify class Responses due no later than 11/10/2004. Signed by Judge Douglas N. Frazier on 10/21/2004. (slu, ) (Entered: 10/22/2004)

RECAP
45 Nov. 5, 2004

RESPONSE to motion re 27 MOTION to certify class with memorandum and exhibits filed by Jerry Regier. (Attachments: # 1 # 2 # 3)(Vail, Jason) (Entered: 11/05/2004)

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46 Nov. 5, 2004

REQUEST for oral argument re 27 MOTION to certify class, 45 Response to motion by Jerry Regier. (Vail, Jason) (Entered: 11/05/2004)

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47 Nov. 10, 2004

NOTICE by Liberty Behavioral Healthcare Corp. re 45 Response to motion (Jolly, John) (Entered: 11/10/2004)

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48 Dec. 14, 2004

MOTION to substitute party by Jerry Regier. (Bradley, Cecilia) (Entered: 12/14/2004)

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49 Dec. 14, 2004

NOTICE by Jerry Regier Notice of Serving Response to Plaintiffs' First Request for Production (Bradley, Cecilia) (Entered: 12/14/2004)

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50 Dec. 20, 2004

ORDER granting 48 Motion to substitute party. Lucy Hadi rep by Cecilia Bradley added. Jerry Regier terminated . Signed by Judge Douglas N. Frazier on 12/20/2004. (slu, ) (Entered: 12/21/2004)

RECAP
51 Jan. 18, 2005

ORDER granting 34 Motion for discovery . The Court will defer ruling on Defendants' Motion for Judgment on the Pleadings (Doc. #24) until Plaintiff has completed its Rule 56(f) discovery. Such discovery shall be completed no later than 4/30/05. Signed by Judge Douglas N. Frazier on 1/18/2005. (slu) (Entered: 01/19/2005)

RECAP
52 Jan. 18, 2005

ORDER denying as moot re 36 Request for oral argument filed by Bruce Kramer, Roger G. Canupp, Jacob Myers, Lawrence McGee,, Hubert Davidson, Tywaun Jackson, Charles Durden, Daniel Fabian, . Signed by Judge Douglas N. Frazier on 1/18/2005. (slu) (Entered: 01/19/2005)

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53 Jan. 21, 2005

MOTION for reconsideration by Jerry Regier. (Attachments: # 1)(Vail, Jason) (Entered: 01/21/2005)

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54 Jan. 28, 2005

NOTICE by Lucy Hadi re 45 Response to motion (Attachments: # 1)(Vail, Jason) (Entered: 01/28/2005)

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55 Feb. 4, 2005

MOTION to dismiss Plaintiffs Bruce Kramer and Daniel Fabian and Count 4 of Class Action Complaint by Roger G. Canupp, Jacob Myers, Lawrence McGee, Hubert Davidson, Tywaun Jackson, Charles Durden, Daniel Fabian, Bruce Kramer. (Lentz, Kristen) (Entered: 02/04/2005)

RECAP
56 Feb. 4, 2005

RESPONSE to motion re 53 MOTION for reconsideration filed by Roger G. Canupp, Jacob Myers, Lawrence McGee, Hubert Davidson, Tywaun Jackson, Charles Durden, Daniel Fabian, Bruce Kramer. (Lentz, Kristen) (Entered: 02/04/2005)

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57 Feb. 4, 2005

NOTICE by Roger G. Canupp, Jacob Myers, Lawrence McGee, Hubert Davidson, Tywaun Jackson, Charles Durden, Daniel Fabian, Bruce Kramer re 27 MOTION to certify class (Lentz, Kristen) (Entered: 02/04/2005)

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58 Feb. 24, 2005

MOTION for protective order by Lucy Hadi. (Bradley, Cecilia) (Entered: 02/24/2005)

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59 Feb. 25, 2005

MOTION for protective order by Liberty Behavioral Healthcare Corp.. (Jolly, John) (Entered: 02/25/2005)

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60 March 10, 2005

RESPONSE to motion re 58 MOTION for protective order, 59 MOTION for protective order filed by Roger G. Canupp, Jacob Myers, Lawrence McGee, Hubert Davidson, Tywaun Jackson, Charles Durden, Daniel Fabian, Bruce Kramer. (Lentz, Kristen) (Entered: 03/10/2005)

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61 March 14, 2005

ORDER granting 58 Motion for protective order, granting 59 Motion for protective order . Signed by Judge Sheri Polster Chappell on 3/14/2005. (slu) (Entered: 03/14/2005)

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62 March 14, 2005

ORDER granting 55 Motion to dismiss . The Clerk of Court shall correct the caption of this action to reflect the dismissal of Plaintiffs Fabian and Kramer. Signed by Judge Virginia M. Hernandez Covington on 3/14/2005. (slu) (Entered: 03/15/2005)

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63 March 17, 2005

ORDER denying as moot 53 Motion for reconsideration re 51 Order on motion for discovery, 62 Order on motion to dismiss, 61 Order on motion for protective order, . Signed by Judge Douglas N. Frazier on 3/17/2005. (slu) (Entered: 03/18/2005)

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64 March 18, 2005

NOTICE of Appearance by Lisa White Shirley on behalf of all plaintiffs (Shirley, Lisa) (Entered: 03/18/2005)

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65 March 22, 2005

ORDER denying as moot 24 Motion for Judgment on the Pleadings . Signed by Judge Virginia M. Hernandez Covington on 3/22/2005. (slu) (Entered: 03/22/2005)

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66 March 29, 2005

ORDER granting to the extent that the Court will certify two separate subclasses (see order for details) 27 Motion to certify class . Signed by Judge Virginia M. Hernandez Covington on 3/29/2005. (slu) (Entered: 03/30/2005)

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67 April 7, 2005

MOTION for reconsideration re 66 Order on motion to certify class by Jerry Regier. (Attachments: # 1)(Vail, Jason) (Entered: 04/07/2005)

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68 April 8, 2005

MOTION for Extension of Time to File Response/Reply by Roger G. Canupp, Jacob Myers, Lawrence McGee, Hubert Davidson, Tywaun Jackson, Charles Durden. (Lentz, Kristen) (Entered: 04/08/2005)

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69 April 12, 2005

ORDER granting 68 Motion for Extension of Time to File Response/Reply re 67 MOTION for reconsideration re 66 Order on motion to certify class Responses due by 4/28/2005. Signed by Judge Douglas N. Frazier on 4/12/2005. (slu) (Entered: 04/12/2005)

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70 April 28, 2005

RESPONSE in opposition re 67 MOTION for reconsideration re 66 Order on motion to certify class filed by Roger G. Canupp, Jacob Myers, Lawrence McGee, Hubert Davidson, Tywaun Jackson, Charles Durden. (Attachments: # 1)(Lentz, Kristen) (Entered: 04/28/2005)

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71 April 29, 2005

NOTICE by Lucy Hadi response to Plaintiffs' request for production (Vail, Jason) Modified on 4/29/2005 (slu). (Entered: 04/29/2005)

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72 July 1, 2005

ORDER denying 67 Motion for reconsideration . The Clerk of Court shall designate this action as a Track 3 Case in accordance with Local Rule 3.05. The parties shall comply with the requirements of Local Rule 3.05(a)(3) and shall file an Amended Case Management Report within 20 days of this Order. Signed by Judge Virginia M. Hernandez Covington on 6/30/05. (slu) (Entered: 07/01/2005)

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73 July 6, 2005

AMENDED RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 3 Notice of pendency of other actions due by 7/18/2005.Signed by Judge Virginia M. Hernandez Covington on 7/6/2005. (BJH, ) (Entered: 07/06/2005)

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74 July 11, 2005

NOTICE by Lucy Hadi response to Plaintiff's third request for production of documents. (js) (Entered: 07/12/2005)

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75 July 18, 2005

NOTICE of pendency of other actions re 73 order of compliance to Local Rule by Liberty Behavioral Healthcare Corp. Related case(s): no (Haymes, Jennifer) (Entered: 07/18/2005)

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76 July 19, 2005

CASE MANAGEMENT REPORT. (Sleasman, Peter) (Entered: 07/19/2005)

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77 July 19, 2005

NOTICE by Lucy Hadi (Bradley, Cecilia) (Entered: 07/19/2005)

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78 July 20, 2005

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) (Entered: 07/20/2005)

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79 July 28, 2005

Unopposed MOTION for leave to hold telephonic Rule 3.05 case management meeting by Roger G. Canupp, Jacob Myers, Lawrence McGee, Hubert Davidson, Tywaun Jackson, Charles Durden, Daniel Fabian, Bruce Kramer. (Capobianco, Cassandra) (Entered: 07/28/2005)

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80 Aug. 3, 2005

ORDER granting 79 Unopposed Motion for Telephonic Rule 3.05 Case Management Meeting . Signed by Judge Douglas N. Frazier on 8/3/2005. (js) (Entered: 08/04/2005)

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81 Aug. 18, 2005

CASE MANAGEMENT REPORT. (Sleasman, Peter) Modified on 8/23/2005 (slu). STRICKEN PURSUANT TO DOCUMENT 85 (Entered: 08/18/2005)

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82 Aug. 18, 2005

Unopposed MOTION status conference re 81 Case Management Report by Roger G. Canupp, Jacob Myers, Lawrence McGee, Hubert Davidson, Tywaun Jackson, Charles Durden. (Sleasman, Peter) (Entered: 08/18/2005)

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83 Aug. 19, 2005

MOTION to compel Facility Inspection by Roger G. Canupp, Jacob Myers, Lawrence McGee, Hubert Davidson, Tywaun Jackson, Charles Durden. (Attachments: # 1 Exhibit 1 - Request to Enter on Land# 2 Exhibit 2 - Hadi's Formal Objections# 3 Exhibit 4 - Vail May 4 Correspondence# 4 Exhibit 4 - Plantinffs' May 12 Response# 5 Exhibit 5 - Vail May 24 Correspondence# 6 Exhibit 6 - Dr Burns Declaration# 7 Exhibit 7 - Dr Berlin Declaration# 8 Exhibit 8 - Resident Handbook)(Sleasman, Peter) (Entered: 08/19/2005)

2 Exhibit 1 - Request to Enter on Land

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3 Exhibit 2 - Hadi's Formal Objections

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4 Exhibit 4 - Vail May 4 Correspondence

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5 Exhibit 4 - Plantinffs' May 12 Response

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6 Exhibit 5 - Vail May 24 Correspondence

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7 Exhibit 6 - Dr Burns Declaration

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8 Exhibit 7 - Dr Berlin Declaration

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9 Exhibit 8 - Resident Handbook

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84 Aug. 22, 2005

ORDER denying at this time 82 Motion for status conference . Signed by Judge Douglas N. Frazier on 8/22/2005. (slu) (Entered: 08/23/2005)

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85 Aug. 22, 2005

ORDER striking re 81 Case Management Report. The Parties shall meet and confer in person at the office of Plaintiffs' Counsel within 10 days of this Order. A Case Management Report shall be filed within 10 days of the meeting. Signed by Judge Douglas N. Frazier on 8/22/2005. (slu) (Entered: 08/23/2005)

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86 Aug. 26, 2005

MOTION for Extension of Time to File rsp mo/compel by Lucy Hadi. (Vail, Jason) (Entered: 08/26/2005)

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87 Sept. 2, 2005

CASE MANAGEMENT REPORT. (Jones, Christopher) (Entered: 09/02/2005)

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88 Sept. 6, 2005

CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 2/1/2007 10:00 AM before Judge Virginia M. Hernandez Covington. Bench Trial set for trial term 3/5/2007 09:00 AM before Judge Virginia M. Hernandez Covington. (See Order for all deadlines)Signed by Judge Douglas N. Frazier on 9/6/2005. (BJH, ) (Entered: 09/06/2005)

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89 Oct. 7, 2005

MEMORANDUM in opposition re 83 Motion to compel,, and mo/protective order filed by Jerry Regier. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6)(Vail, Jason) (Entered: 10/07/2005)

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90 Oct. 10, 2005

RESPONSE to motion re 83 MOTION to compel Facility Inspection Adoption filed by Liberty Behavioral Healthcare Corp.. (Jolly, John) (Entered: 10/10/2005)

RECAP
91 Oct. 13, 2005

MOTION for Jennifer R. Haymes to withdraw as attorney by Liberty Behavioral Healthcare Corp.. (Haymes, Jennifer) (Entered: 10/13/2005)

RECAP
92 Oct. 17, 2005

ENDORSED ORDER granting 91 Unopposed Motion by Jennifer R. Haymes to withdraw as attorney. The Clerk is directed to remove Jennifer R.Haymes from the service list and notice all parties. Signed by Judge Douglas N. Frazier on 10/17/2005.(bas) (Entered: 10/17/2005)

RECAP
93 Oct. 24, 2005

MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Protective Order by Roger G. Canupp, Jacob Myers, Lawrence McGee, Hubert Davidson, Tywaun Jackson, Charles Durden. (Lentz, Kristen) (Entered: 10/24/2005)

RECAP
94 Oct. 27, 2005

ORDER granting nunc pro tunc 86 Motion for Extension of Time to File, granting 93 Motion for Extension of Time to File Response/Reply. Plaintiff shall file their Response to Defendants' Motion for Protective Order within ten (10) days of the date of this Order . Signed by Judge Douglas N. Frazier on 10/27/2005. (js) (Entered: 10/27/2005)

RECAP
95 Oct. 31, 2005

NOTICE of Hearing: Preliminary Pretrial Conference RESET for 11/10/2005 11:00 AM (Time change only) in Courtroom C before Magistrate Judge Douglas N. Frazier. (BJH, ) (Entered: 10/31/2005)

RECAP
96 Nov. 4, 2005

RESPONSE re 89 Memorandum in opposition Response to Motion for Protective Order filed by Roger G. Canupp, Jacob Myers, Lawrence McGee, Hubert Davidson, Tywaun Jackson, Charles Durden. (Attachments: # 1 Exhibit Exhibit List and Exhibits 1-5)(Lentz, Kristen) (Entered: 11/04/2005)

2 Exhibit Exhibit List and Exhibits 1-5

View on PACER

RECAP
97 Nov. 4, 2005

MOTION to continue pretrial preliminary conference by Roger G. Canupp, Jacob Myers, Lawrence McGee, Hubert Davidson, Tywaun Jackson, Charles Durden. (Lentz, Kristen) (Entered: 11/04/2005)

RECAP
99 Nov. 7, 2005

ORDER granting 97 Motion to continue Pretrial Preliminary Conference. The Pretrial Preliminary Conference currently scheduled for Thursday, November 10, 2005 shall be continued until Thursday, December 15, 2005, at 1:30p.m. before the undersigned . Signed by Judge Douglas N. Frazier on 11/7/2005. (js) (Entered: 11/08/2005)

RECAP
98 Nov. 8, 2005

NOTICE canceling Preliminary Pretrial Conference hearing scheduled for 11/10/05. This hearing will be reset by separate notice. (BJH, ) (Entered: 11/08/2005)

RECAP

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

State

Florida Civil Commitment Center (FCCC)

Florida Department of Children and Families (DCF)

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

Constitutional Clause(s):

Due Process

Other Dockets:

Middle District of Florida 2:04-cv-00260

U.S. Court of Appeals for the Eleventh Circuit 09-15949

U.S. Court of Appeals for the Eleventh Circuit 09-16334

U.S. Court of Appeals for the Eleventh Circuit 10-10110

U.S. Court of Appeals for the Eleventh Circuit 10-10111

U.S. Court of Appeals for the Eleventh Circuit 10-10112

U.S. Court of Appeals for the Eleventh Circuit 10-10113

U.S. Court of Appeals for the Eleventh Circuit 10-10114

U.S. Court of Appeals for the Eleventh Circuit 10-10115

U.S. Court of Appeals for the Eleventh Circuit 10-10116

U.S. Court of Appeals for the Eleventh Circuit 10-10117

U.S. Court of Appeals for the Eleventh Circuit 10-10118

U.S. Court of Appeals for the Eleventh Circuit 10-10135

U.S. Court of Appeals for the Eleventh Circuit 10-10567

U.S. Court of Appeals for the Eleventh Circuit 10-11826

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Other requirements regarding hiring, promotion, retention

Amount Defendant Pays: $249,000

Issues

General/Misc.:

Conditions of confinement

Individualized planning

Rehabilitation

Sex offender regulation

Staff (number, training, qualifications, wages)

Disability and Disability Rights:

Disability, unspecified

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in mental health facilities

Medical/Mental Health Care:

Intellectual/Developmental Disability

Mental health care, general

Mental health care, unspecified

Recommended Citation