Case: Hughes v. Sheriff Grady Judd

8:12-cv-00568 | U.S. District Court for the Middle District of Florida

Filed Date: March 15, 2012

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On March 15, 2012, a group of juvenile prisoners in Central County Jail in Polk County filed a lawsuit in the Middle District of Florida under 42 U.S.C. § 1983. Though plaintiffs amended their complaint twice to include different defendants, the lawsuit proceeded against the Sheriff of Polk County and Corizon Health, Inc., the health care provider retained by the Sheriff to provide medical services for the prisoners. The plaintiffs, represented by the Southern Poverty Law Center, asked the cour…

On March 15, 2012, a group of juvenile prisoners in Central County Jail in Polk County filed a lawsuit in the Middle District of Florida under 42 U.S.C. § 1983. Though plaintiffs amended their complaint twice to include different defendants, the lawsuit proceeded against the Sheriff of Polk County and Corizon Health, Inc., the health care provider retained by the Sheriff to provide medical services for the prisoners. The plaintiffs, represented by the Southern Poverty Law Center, asked the court for preliminary and permanent injunctive relief, claiming that the youths' Eighth and Fourteenth Amendment rights were violated. The plaintiffs also requested class certification.

Specifically, the plaintiffs claimed that, as juveniles, they were housed in an adult correctional facility. The plaintiffs claimed they were left unattended for long periods of time, and punished regularly with chemical agents, isolation and lockdown. The plaintiffs were forced to eat in their cells, and clean their own toilets with the soap provided for personal hygiene. The plaintiffs claimed a complete lack of rehabilitative services and extremely poor educational services.

On May 4, 2012, the Court (Judge Steven D. Merryday) granted the motion to dismiss for two named individual defendants, but denied the overall motion to dismiss the case. On August 13, 2012, the Court issued an order stating that K.G. (the representative of the sub-class of juvenile prisoners needing mental health treatment), as a pre-trial detainee, could only represent other pre-trial detainees, and therefore K.G., and the resulting subclass could not sue under the Eighth Amendment. However, Judge Merryday once again denied the overall motion to dismiss the case.

On November 19, 2012, the complaint was amended to include lack of adequate medical care. The plaintiffs alleged that medication was not provided to juveniles with serious mental and psychiatric problems, or that the medication was given irregularly and not in the way prescribed. The plaintiffs further alleged that no medical or counseling services were offered to children professing suicidal ideations. Instead, such children were put on "suicide watch." "Suicide watch" consists of placing the child in a open cage, with only a hard bench along one side. The children would be left there for at least 23 hours, but often for days. "Suicide watch" was also given to children punitively. Children also had to strip publicly and put on a 'turtle' suit, which left them vulnerable to the chemical agents, which continued to be used against children on "suicide watch."

On April 30, 2013, the Court granted class certification and denied the requested preliminary injunction. The first subclass was defined as: "each person who is under the jurisdiction of the juvenile court (that is, including preadjudicates and excluding direct files) and who is now or in the future incarcerated in the Polk County Jail."

A Second sub-class was compromised as each person: "(1) who is now or in the future incarcerated in the Polk County Jail, (2) who is under eighteen or under the jurisdiction of the juvenile court, and (3) who suffers from a 'mental disorder.' " With a person who suffers from a mental disorder defined as: "diagnosed by a mental health care professional, qualified in Florida both to diagnose mental disorders and to prescribe psychotropic medication, and who is suffering from a 'moderate' or 'severe' 'mental disorder,' as defined in the American Psychiatric Association’s DSM-IV and (2) whose current diagnosis, including any prescription for psychotropic medication, appears in the person’s 'intake' records presented to the Polk County Jail at the time the person is presented to, and accepted by, the Polk County Jail for detention."

On June 12, 2013, Judge Merryday denied defendants' motions for summary judgment, and the parties proceeded to a bench trial, which ran from November 18, 2013 to December 18, 2013. At its close, Judge Merryday ordered both parties to submit proposed finding of facts and conclusions from both the plaintiff and the defendant.

On April 16, 2015, Judge Merryday issued an opinion denying relief to the plaintiffs, holding that the plaintiffs failed to prove that either the Sheriff or Corizon demonstrated deliberate indifference to a substantial risk of serious harm to the plaintiffs and that plaintiffs failed to show that defendants' policies and customs violated their constitutional rights. Judgment was entered for the defendants and against the plaintiffs. On September 1, 2015, Judge Merryday denied the defendant's motion for sanction for insufficient proof of malicious intent by the plaintiff.

The case is now closed.

Summary Authors

Kathryn DeLong (10/23/2014)

Sarah Du (11/12/2018)

Lisa Koo (3/3/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4226408/parties/hughes-v-polk-county-sheriff/


Judge(s)

Merryday, Steven Douglas (Florida)

Pizzo, Mark A. (Florida)

Attorneys(s) for Plaintiff

Bedi, Sheila A. (Illinois)

Chasin, Steven M. (District of Columbia)

Galloni, Tania (Florida)

Govindaiah, Manoj Gorantla (Florida)

Haskell, Miriam Fahsi (Florida)

Hayden, Donald J. (Florida)

Mamounas, Joseph (Florida)

Morris, Maria V (California)

Judge(s)

Merryday, Steven Douglas (Florida)

Pizzo, Mark A. (Florida)

Attorneys(s) for Plaintiff

Bedi, Sheila A. (Illinois)

Chasin, Steven M. (District of Columbia)

Galloni, Tania (Florida)

Govindaiah, Manoj Gorantla (Florida)

Haskell, Miriam Fahsi (Florida)

Hayden, Donald J. (Florida)

Mamounas, Joseph (Florida)

Morris, Maria V (California)

Owens, Jody E. II (Mississippi)

Rindone, Joseph Peter (New York)

Attorneys(s) for Defendant

Aranda, Robert J. (Florida)

Bronson, Jeanelle G. (Florida)

Campbell, Hank B. (Florida)

McKinley, William Thompson (Florida)

Phillips, Jennifer L. (Florida)

Telan, Patrick H. (Florida)

Trohn, Jonathan Barnet (Florida)

Vasquez, Ramon (Florida)

Wallace, Philip J. (Florida)

Expert/Monitor/Master

Grilli, Peter J. (Florida)

Documents in the Clearinghouse

Document

Docket [PACER]

April 19, 2016 Docket
1

Complaint--Class Action

Hughes v. Polk County Sheriff

March 15, 2012 Complaint
43

Order [First Motion to Dismiss]

Hughes v. Judd

May 4, 2012 Order/Opinion
113

Order [Second Motion to Dismiss]

Hughes v. Judd

Aug. 13, 2012 Order/Opinion
197

Third Amended Complaint - Injunctive Relief Sought

Jobe v. Polk County Sheriff

Nov. 9, 2012 Complaint
332

Report and Recommendation [Preliminary Injunction and Class Certification]

Hughes v. Judd

2013 WL 1821077

March 27, 2013 Order/Opinion
364

Order [Preliminary Injunction and Class Certification]

Hughes v. Judd

2013 WL 1810806

April 30, 2013 Order/Opinion
548

Conclusions of Law and Findings of Fact

Hughes v. Polk County Sheriff

April 16, 2015 Order/Opinion

Resources

Title Description External URL

Hughes, et al. v. Sheriff Grady Judd, et al.

Southern Poverty Law Center

Children housed at Polk County adult jail have been subjected to abuse, neglect and violence that even includes guards placing young children in cages as a form of punishment. March 21, 2012 https://www.splcenter.org/seeking-justice/case-docket/hughes-et-al-v-sheriff-grady-judd-et-al

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4226408/hughes-v-polk-county-sheriff/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against Polk County Sheriff (Filing fee $ 350 receipt number TPA10177) filed by Violene Jean-Pierre, Chanda Hughes, Brenda Sheffield. (Attachments: # 1 Civil Cover Sheet)(ARB) (Entered: 03/19/2012)

1 Civil Cover Sheet

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March 15, 2012 PACER
2

MOTION for Class Certification and Incorporated Memorandum of Law by Chanda Hughes, Violene Jean-Pierre, Brenda Sheffield. (ARB) (Entered: 03/19/2012)

March 15, 2012 PACER
3

AMENDED COMPLAINT with Verification against Polk County Sheriff, Kim Marcum, Michael Allen filed by All Plaintiffs. (Attachments: # 1 Verifications to Amended Complaint, # 2 Summons Grady Judd, # 3 Summons Kim Marcum, # 4 Summons Michael Allen)(Haskell, Miriam) NOTE: Exhibits blank summonses filed in error, Counsel notified, and shall refile with the Clerk of Court. Modified on 3/22/2012 (LD). (Entered: 03/21/2012)

1 Verifications to Amended Complaint

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2 Summons Grady Judd

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3 Summons Kim Marcum

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4 Summons Michael Allen

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March 21, 2012 RECAP
4

MOTION for preliminary injunction by All Plaintiffs. (Haskell, Miriam) (Entered: 03/21/2012)

March 21, 2012 PACER
5

Amended MOTION to certify class and Incorporated Memorandum of Law by All Plaintiffs. (Haskell, Miriam) (Entered: 03/21/2012)

March 21, 2012 PACER
6

Summons issued as to Michael Allen, Kim Marcum, Polk County Sheriff. (EJC) (Entered: 03/22/2012)

March 21, 2012 PACER
7

RETURN of service executed on March 21, 2012 by Lisa Jobe, Brenda Sheffield, Chanda Hughes, Violene Jean-Pierre, Crystal Cuyler, Michelle Minor, Amy Gage as to All Defendants. (Haskell, Miriam) (Entered: 03/22/2012)

March 22, 2012 PACER

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Sheila Bedi appearing on behalf of Chanda Hughes (Filing fee $10 receipt number TPA10315.) (JNB)

March 22, 2012 PACER
8

NOTICE of Appearance by Tania Galloni on behalf of Crystal Cuyler, Amy Gage, Chanda Hughes, Violene Jean-Pierre, Lisa Jobe, Michelle Minor, Brenda Sheffield (Galloni, Tania) Modified on 3/22/2012 (BSN). (Entered: 03/22/2012)

March 22, 2012 PACER
9

NOTICE by Crystal Cuyler, Amy Gage, Chanda Hughes, Violene Jean-Pierre, Lisa Jobe, Michelle Minor, Brenda Sheffield re 5 Amended MOTION to certify class and Incorporated Memorandum of Law (Attachments: # 1 Declarations in Support of Plaintiffs' Amended Motion for Class Certification)(Haskell, Miriam) (Entered: 04/02/2012)

1 Declarations in Support of Plaintiffs' Amended Motion for Class Certificat

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April 2, 2012 PACER
10

NOTICE of Appearance by Donald J. Hayden on behalf of Crystal Cuyler, Amy Gage, Chanda Hughes, Violene Jean-Pierre, Lisa Jobe, Michelle Minor, Brenda Sheffield (Hayden, Donald) (Entered: 04/02/2012)

April 2, 2012 PACER
11

MOTION to expedite Discovery by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Hayden, Donald) (Entered: 04/02/2012)

1 Exhibit A

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2 Exhibit B

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3 Text of Proposed Order

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April 2, 2012 PACER
12

NOTICE of Appearance by Joseph Mamounas on behalf of Crystal Cuyler, Amy Gage, Chanda Hughes, Violene Jean-Pierre, Lisa Jobe, Michelle Minor, Brenda Sheffield (Mamounas, Joseph) (Entered: 04/03/2012)

April 3, 2012 PACER
13

NOTICE of Hank B. Campbell, Esquire; Jonathan B. Trohn, Esquire; Robert J. Aranda, Esquire and Appearance by William Thompson McKinley on behalf of Michael Allen, Grady Judd, Kim Marcum, Polk County Sheriff (McKinley, William) (Entered: 04/05/2012)

April 5, 2012 PACER
14

MOTION to strike 4 MOTION for preliminary injunction and Incorporated Memorandum of Law by Michael Allen, Grady Judd, Kim Marcum, Polk County Sheriff. (McKinley, William) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 04/05/2012)

April 5, 2012 PACER
15

MOTION to strike 11 MOTION to expedite Discovery by Michael Allen, Grady Judd, Kim Marcum, Polk County Sheriff. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(McKinley, William) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 04/05/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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April 5, 2012 PACER
16

MOTION for extension of time to file response/reply as to 5 Amended MOTION to certify class and Incorporated Memorandum of Law by Michael Allen, Grady Judd, Kim Marcum, Polk County Sheriff. (McKinley, William) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 04/05/2012)

April 5, 2012 PACER
17

ORDER denying 16 the defendants' motion for an extension of time to respond to the plaintiffs' motion for class certification. Despite the passage of several days since filing the motion, the defendants fail to comply with Local Rule 3.01(g). Signed by Judge Steven D. Merryday on 4/10/2012. (Entered: 04/10/2012)

April 10, 2012 PACER
18

Written designation and consent to act by Tania Galloni on behalf of Crystal Cuyler, Amy Gage, Chanda Hughes, Violene Jean-Pierre, Lisa Jobe, Michelle Minor, Brenda Sheffield. Local Counsel: Tania Galloni. Non-Resident Counsel: Sheila Bedi. (Galloni, Tania) (Entered: 04/10/2012)

April 10, 2012 PACER
19

SUPPLEMENT re 14 MOTION to strike 4 MOTION for preliminary injunction and Incorporated Memorandum of Law by Michael Allen, Grady Judd, Kim Marcum, Polk County Sheriff. (McKinley, William) (Entered: 04/10/2012)

April 10, 2012 PACER
20

MOTION to extend time to Respond to Plaintiffs' Amended Motion for Class Certification by All Defendants. (McKinley, William) (Entered: 04/10/2012)

April 10, 2012 PACER
21

NOTICE of withdrawal of motion by Michael Allen, Grady Judd, Kim Marcum, Polk County Sheriff re 15 MOTION to strike 11 MOTION to expedite Discovery MOTION to strike 11 MOTION to expedite Discovery filed by Michael Allen, Grady Judd, Polk County Sheriff, Kim Marcum. (McKinley, William) (Entered: 04/10/2012)

April 10, 2012 PACER
22

SUPPLEMENT re 4 MOTION for preliminary injunction by Crystal Cuyler, Amy Gage, Chanda Hughes, Violene Jean-Pierre, Lisa Jobe, Michelle Minor, Brenda Sheffield. (Attachments: # 1 Text of Proposed Order)(Galloni, Tania) (Entered: 04/11/2012)

1 Text of Proposed Order

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April 11, 2012 PACER
23

RESPONSE in opposition re 14 MOTION to strike 4 MOTION for preliminary injunction and Incorporated Memorandum of Law filed by Crystal Cuyler, Amy Gage, Chanda Hughes, Violene Jean-Pierre, Lisa Jobe, Michelle Minor, Brenda Sheffield. (Galloni, Tania) (Entered: 04/11/2012)

April 11, 2012 PACER
24

MOTION to strike 3 Amended complaint and Incorporated Memorandum of Law by Michael Allen, Grady Judd, Kim Marcum, Polk County Sheriff. (Campbell, Hank) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 04/11/2012)

April 11, 2012 PACER
25

MOTION to dismiss Plaintiffs' Verified Amended Complaint-Injunctive Relief Sought by All Defendants. (Campbell, Hank) (Entered: 04/11/2012)

April 11, 2012 RECAP
26

RESPONSE to motion re 5 Amended MOTION to certify class and Incorporated Memorandum of Law filed by Michael Allen, Grady Judd, Kim Marcum, Polk County Sheriff. (McKinley, William) (Entered: 04/11/2012)

April 11, 2012 PACER
27

ORDER DENYING 14 Motion to strike the motion for a preliminary injunction, DENYING AS MOOT 2 Motion for class certification, DENYING AS MOOT 15 Motion to strike the plaintiffs motion for expedited discovery, and GRANTING 20 Motion to extend time to respond to the amended motion for class certification. Signed by Judge Steven D. Merryday on 4/12/2012. (TKD) (Entered: 04/12/2012)

April 12, 2012 PACER
28

RESPONSE in opposition re 24 MOTION to strike 3 Amended complaint and Incorporated Memorandum of Law filed by Crystal Cuyler, Amy Gage, Chanda Hughes, Violene Jean-Pierre, Lisa Jobe, Michelle Minor, Brenda Sheffield. (Hayden, Donald) (Entered: 04/13/2012)

April 13, 2012 PACER
29

MOTION for leave to file to File a Reply to Defendants' Response to Plaintiffs' Amended Motion for Class Certification by All Plaintiffs. (Hayden, Donald) (Entered: 04/18/2012)

April 18, 2012 PACER
30

RESPONSE to motion re 11 MOTION to expedite Discovery filed by Grady Judd. (Aranda, Robert) (Entered: 04/19/2012)

April 19, 2012 PACER
31

NOTICE by Crystal Cuyler, Amy Gage, Chanda Hughes, Violene Jean-Pierre, Lisa Jobe, Michelle Minor, Brenda Sheffield re 29 MOTION for leave to file to File a Reply to Defendants' Response to Plaintiffs' Amended Motion for Class Certification (Hayden, Donald) (Entered: 04/19/2012)

April 19, 2012 PACER
32

ORDER referring to Magistrate Judge Mark A. Pizzo for a report and recommendation: 4--motion for preliminary injunction and 5--motion for class certification; referring to Magistrate Judge Mark A. Pizzo for disposition: 11--motion for expedited discovery; denying motion to strike; granting 29--motion for leave to reply (see order for details). Signed by Judge Steven D. Merryday on 4/23/2012. (BK) (Entered: 04/23/2012)

April 23, 2012 PACER
33

MOTION for leave to file Reply to Defendant's Response to Plaintiffs' Motion for Expedited Discovery by All Plaintiffs. (Hayden, Donald) (Entered: 04/23/2012)

April 23, 2012 PACER
34

MOTION for leave to file to File Supplemental Complaint and to add Plaintiffs K.G. and A.H. by All Plaintiffs. (Attachments: # 1 Supplemental Complaint -- Injunctive Relief Sought)(Haskell, Miriam) (Entered: 04/23/2012)

1 Supplemental Complaint -- Injunctive Relief Sought

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April 23, 2012 PACER
35

MOTION to certify class -- subclass by All Plaintiffs. (Haskell, Miriam) (Entered: 04/23/2012)

April 23, 2012 RECAP
36

SUPPLEMENT re 34 MOTION for leave to file to File Supplemental Complaint and to add Plaintiffs K.G. and A.H. regarding Certificate of Conference by Crystal Cuyler, Amy Gage, Chanda Hughes, Violene Jean-Pierre, Lisa Jobe, Michelle Minor, Brenda Sheffield. (Galloni, Tania) (Entered: 04/25/2012)

April 25, 2012 PACER
37

RESPONSE to motion re 33 MOTION for leave to file Reply to Defendant's Response to Plaintiffs' Motion for Expedited Discovery filed by Grady Judd. (Attachments: # 1 Exhibit Exhibit 1)(Aranda, Robert) (Entered: 04/26/2012)

1 Exhibit Exhibit 1

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April 26, 2012 PACER
38

ORDER setting status conference for 5/4/2012 at 01:30 PM in Tampa Courtroom 11 B before Magistrate Judge Mark A. Pizzo. Signed by Magistrate Judge Mark A. Pizzo on 4/27/2012. (DK) (Entered: 04/27/2012)

April 27, 2012 PACER
39

RESPONSE in opposition re 25 MOTION to dismiss Plaintiffs' Verified Amended Complaint-Injunctive Relief Sought filed by Crystal Cuyler, Amy Gage, Chanda Hughes, Violene Jean-Pierre, Lisa Jobe, Michelle Minor, Brenda Sheffield. (Galloni, Tania) (Entered: 04/30/2012)

April 30, 2012 PACER
40

*DOCUMENT TERMINATED. COUNSEL TO REFILE WITH PROPER SIGNATURES.* CASE MANAGEMENT REPORT. (Hayden, Donald) Modified on 5/3/2012 (CD). (Entered: 05/01/2012)

May 1, 2012 RECAP
41

SUPPLEMENT re 34 MOTION for leave to file to File Supplemental Complaint and to add Plaintiffs K.G. and A.H., 36 Supplement re: Certificate of Conference by Crystal Cuyler, Amy Gage, Chanda Hughes, Violene Jean-Pierre, Lisa Jobe, Michelle Minor, Brenda Sheffield. (Galloni, Tania) (Entered: 05/02/2012)

May 2, 2012 PACER
42

CASE MANAGEMENT REPORT. (Hayden, Donald) (Entered: 05/03/2012)

May 3, 2012 PACER
43

ORDER granting in part and denying in part 25--motion to dismiss; dismissing action against Marcum and Allen; denying the motion otherwise. Signed by Judge Steven D. Merryday on 5/4/2012. (BK) (Entered: 05/04/2012)

May 4, 2012 RECAP
44

REPLY to response to motion re 5 Amended MOTION to certify class and Incorporated Memorandum of Law filed by Crystal Cuyler, Amy Gage, Chanda Hughes, Violene Jean-Pierre, Lisa Jobe, Michelle Minor, Brenda Sheffield. (Hayden, Donald) (Entered: 05/04/2012)

May 4, 2012 PACER
45

Minute Entry. Proceedings held before Magistrate Judge Mark A. Pizzo: Status Conference held on 5/4/2012. (digital) (DK) (Entered: 05/04/2012)

May 4, 2012 PACER
46

ORDER regarding the May 4, 2012, status conference. See order for details. Signed by Magistrate Judge Mark A. Pizzo on 5/8/2012. (TJD) (Entered: 05/08/2012)

May 8, 2012 RECAP
47

RESPONSE in opposition re 34 MOTION for leave to file to File Supplemental Complaint and to add Plaintiffs K.G. and A.H. filed by Grady Judd. (Campbell, Hank) (Entered: 05/10/2012)

May 10, 2012 PACER
48

RESPONSE to motion re 35 MOTION to certify class -- subclass filed by Grady Judd. (McKinley, William) (Entered: 05/10/2012)

May 10, 2012 PACER
49

MOTION to compel by Crystal Cuyler, Amy Gage, Chanda Hughes, Violene Jean-Pierre, Lisa Jobe, Michelle Minor, Brenda Sheffield. (Attachments: # 1 Exhibit (Defendants' Response to Request for Production), # 2 Exhibit (Declaration of Randall C. Berg), # 3 Exhibit (Declaration of Paul DeMuro), # 4 Exhibit (Defendant's Detention Directive 2.2), # 5 Exhibit (Florida Model Jail Standards), # 6 Exhibit (Defendant's Detention Directive 3.1), # 7 Exhibit (Parties' Expert Inspection Protocol))(Galloni, Tania) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 05/15/2012)

1 Exhibit (Defendants' Response to Request for Production)

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2 Exhibit (Declaration of Randall C. Berg)

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3 Exhibit (Declaration of Paul DeMuro)

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4 Exhibit (Defendant's Detention Directive 2.2)

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5 Exhibit (Florida Model Jail Standards)

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6 Exhibit (Defendant's Detention Directive 3.1)

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7 Exhibit (Parties' Expert Inspection Protocol)

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May 15, 2012 PACER
50

SUPPLEMENT re 49 MOTION to compel by Crystal Cuyler, Amy Gage, Chanda Hughes, Violene Jean-Pierre, Lisa Jobe, Michelle Minor, Brenda Sheffield. (Galloni, Tania) (Entered: 05/15/2012)

May 15, 2012 PACER
51

ORDER granting in part 34--motion re complaint; second amended complaint due 5/30/2012 nunc pro tunc to 4/23/2012; referring to Magistrate Judge Mark A. Pizzo for a report and recommendation: 35--motion for certification of a sub-class. Signed by Judge Steven D. Merryday on 5/17/2012. (BK) (Entered: 05/17/2012)

May 17, 2012 RECAP
52

NOTICE of Telephone Conference re: 49 MOTION to compel, 50 Supplement Telephone Conference set for 5/21/2012 at 09:30 AM in Tampa Courtroom 11 B before Magistrate Judge Mark A. Pizzo. (DK) (Entered: 05/17/2012)

May 17, 2012 PACER
53

AMENDED COMPLAINT (Second Amended Complaint) against Grady Judd, Polk County Sheriff, Corizon Health, Inc. filed by All Plaintiffs.(Galloni, Tania) (Entered: 05/18/2012)

May 18, 2012 RECAP
54

RESPONSE in opposition re 49 MOTION to compel filed by Grady Judd. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Campbell, Hank) (Entered: 05/19/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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May 19, 2012 PACER
55

Minute Entry. Proceedings held before Magistrate Judge Mark A. Pizzo: Telephone Conference on Plaintiffs' motion to compel (doc. 49) held on 5/21/2012. (digital) (DK) (Entered: 05/21/2012)

May 21, 2012 PACER
56

ORDER granting 49 Motion to compel. Signed by Magistrate Judge Mark A. Pizzo on 5/21/2012. (DK) (Entered: 05/21/2012)

May 21, 2012 RECAP
57

Summons issued as to Corizon Health, Inc. (DMS) (Entered: 05/21/2012)

May 21, 2012 PACER
58

TRANSCRIPT of Status Conference held on May 4, 2012 before Judge Mark A. Pizzo. Court Reporter/Transcriber Bill Jones,Telephone number 813-301-5024. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 6/13/2012, Redacted Transcript Deadline set for 6/25/2012, Release of Transcript Restriction set for 8/21/2012. (HWJ) (Entered: 05/23/2012)

May 23, 2012 PACER
59

NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Bill Jones (HWJ) (Entered: 05/23/2012)

May 23, 2012 PACER
60

ANSWER and affirmative defenses with Jury Demand to 53 Amended complaint by Grady Judd.(Campbell, Hank) (Entered: 06/04/2012)

June 4, 2012 RECAP
61

CASE MANAGEMENT AND SCHEDULING ORDER: Joinder of Parties due by 9/4/2012, Discovery due by 1/15/2013, Dispositive motions due by 1/30/2013, Pretrial Conference set for 4/4/2013 at 10:00 AM in Tampa Courtroom 11 B before Magistrate Judge Mark A. Pizzo, Bench Trial set for the May, 2013, trial term in Tampa Courtroom 15 A before Judge Steven D. Merryday. Signed by Judge Steven D. Merryday on 6/5/2012. (TKD) (Entered: 06/05/2012)

June 5, 2012 PACER
62

ORDER REFERRING CASE to mediation before Peter J. Grilli. Lead counsel Tania Galloni to coordinate dates and file notice of mediation within 20 days. Mediation shall be conducted on or before July 9, 2012. Signed by Judge Steven D. Merryday on 6/6/2012. (TKD) (Entered: 06/06/2012)

June 6, 2012 PACER
63

DOCUMENT TERMINATED. COUNSEL TO REFILE USING PROPER EVENT CODE. Unopposed MOTION for extension of time to file response/reply as to 53 Amended complaint by Corizon Health, Inc.. (Vazquez, Ramon) Motions referred to Magistrate Judge Mark A. Pizzo. Modified on 6/12/2012 (CD). (Entered: 06/11/2012)

June 11, 2012 PACER
64

Unopposed MOTION for extension of time to file answer or otherwise plead re 53 Amended complaint by Corizon Health, Inc.. (Vazquez, Ramon) (Entered: 06/12/2012)

June 12, 2012 PACER
65

NOTICE of Voluntary Dismissal as to Plaintiff A.H., only, by Anita Nava (Galloni, Tania) (Entered: 06/13/2012)

June 13, 2012 PACER
66

Written designation and consent to act by Donald J. Hayden on behalf of Crystal Cuyler, Amy Gage, Chanda Hughes, Violene Jean-Pierre, Lisa Jobe, Nikeyta Matthews, Michelle Minor, Anita Nava, Brenda Sheffield. Local Counsel: Donald Hayden. Non-Resident Counsel: Joseph P. Rindone. (Hayden, Donald) (Entered: 06/14/2012)

June 14, 2012 PACER
67

Written designation and consent to act by Donald J. Hayden on behalf of Crystal Cuyler, Amy Gage, Chanda Hughes, Violene Jean-Pierre, Lisa Jobe, Nikeyta Matthews, Michelle Minor, Anita Nava, Brenda Sheffield. Local Counsel: Donald Hayden. Non-Resident Counsel: Steven M. Chasin. (Hayden, Donald) (Entered: 06/14/2012)

June 14, 2012 PACER
68

Unopposed MOTION to substitute party by Violene Jean-Pierre. (Galloni, Tania) (Entered: 06/14/2012)

June 14, 2012 PACER
69

NOTICE of Appearance Appearance by Patrick H. Telan on behalf of Corizon Health, Inc. (Telan, Patrick) (Entered: 06/14/2012)

June 14, 2012 PACER
70

NOTICE of Appearance Appearance by Patrick H. Telan on behalf of Corizon Health, Inc. (Telan, Patrick) (Entered: 06/14/2012)

June 14, 2012 PACER
71

MOTION to extend time to complete mediation by Crystal Cuyler, Amy Gage, Chanda Hughes, Violene Jean-Pierre, Lisa Jobe, Nikeyta Matthews, Michelle Minor, Brenda Sheffield. (Attachments: # 1 Text of Proposed Order)(Galloni, Tania) (Entered: 06/14/2012)

1 Text of Proposed Order

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June 14, 2012 PACER
72

RESPONSE to motion re 71 MOTION to extend time to complete mediation and Objection to Early Mediation filed by Corizon Health, Inc.. (Vazquez, Ramon) (Entered: 06/15/2012)

June 15, 2012 PACER

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Joseph P. Rindone appearing on behalf of Crystal Cuyler, Amy Gage, Chanda Hughes, Franky Jean-Pierre, Lisa Jobe, Nikeyta Matthews, Michelle Minor, Anita Nava, Brenda Sheffield (Filing fee $10 receipt number TPA11732.) (JNB)

June 15, 2012 PACER

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Steven M. Chasin appearing on behalf of Crystal Cuyler, Amy Gage, Chanda Hughes, Franky Jean-Pierre, Lisa Jobe, Nikeyta Matthews, Michelle Minor, Anita Nava, Brenda Sheffield (Filing fee $10 receipt number TPA11732.) (JNB)

June 15, 2012 PACER
73

ENDORSED ORDER granting 64 Corizon Health's motion for an extension until June 22, 2012, of the time to respond to the second amended complaint. Signed by Judge Steven D. Merryday on 6/18/2012. (Entered: 06/18/2012)

June 18, 2012 PACER
74

ENDORSED ORDER granting 68 the motion of Violene Jean-Pierre to substitute Franky Jean-Pierre, who has achieved majority, as the plaintiff. Violene Jean-Pierre is dismisssed. Signed by Judge Steven D. Merryday on 6/18/2012. (Entered: 06/18/2012)

June 18, 2012 PACER
75

ORDER denying 71--motion to extend the mediation deadline. Signed by Judge Steven D. Merryday on 6/18/2012. (BK) (Entered: 06/18/2012)

June 18, 2012 PACER
76

*DOCUMENT TERMINATED. COUNSEL IS FLORIDA RESIDENT, MEMBER OF FLORIDA BAR.* Written designation and consent to act by Donald J. Hayden on behalf of Crystal Cuyler, Amy Gage, Chanda Hughes, Franky Jean-Pierre, Violene Jean-Pierre, Lisa Jobe, Nikeyta Matthews, Michelle Minor, Anita Nava, Brenda Sheffield. Local Counsel: Donald Hayden. Non-Resident Counsel: Angela C. Vigil. (Hayden, Donald) Modified on 6/19/2012 (CD). (Entered: 06/18/2012)

June 18, 2012 PACER

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Angela C.Vigil appearing on behalf of Crystal Cuyler, Amy Gage, Chanda Hughes, Franky Jean-Pierre, Lisa Jobe, Nikeyta Matthews, Michelle Minor, Anita Nava, Brenda Sheffield (Filing fee $10 receipt number TPA11817.) (JNB)

June 19, 2012 PACER
77

MOTION to dismiss Plaintiff's 2nd Amended Complaint by Corizon Health, Inc.. (Bronson, Jeanelle) (Entered: 06/22/2012)

June 22, 2012 RECAP
78

NOTICE of mediation conference/hearing to be held on July 6, 2012 @ 9:30 a.m. before Peter J. Grilli, Esq. (Grilli, Peter) (Entered: 06/25/2012)

June 25, 2012 PACER
79

NOTICE of mediation conference/hearing to be held on July 6, 2012, at 9:30 AM (All Day), before Peter J. Grilli, Esq. (Galloni, Tania) (Entered: 06/25/2012)

June 25, 2012 PACER
80

NOTICE of pendency of related cases re 61 Case management and scheduling order per Local Rule 1.04(d) by Corizon Health, Inc.. Related case(s): yes (Telan, Patrick) (Entered: 06/27/2012)

June 27, 2012 RECAP
81

CERTIFICATE of interested persons and corporate disclosure statement re 61 Case management and scheduling order by Corizon Health, Inc.. (Telan, Patrick) (Entered: 06/27/2012)

June 27, 2012 PACER
82

Minute Entry. Proceedings held before Magistrate Judge Mark A. Pizzo: Status Conference held on 6/28/2012. (digital) Court Reporter: Sherrill L. Jackson (DK) (Entered: 06/28/2012)

June 28, 2012 PACER
83

ORDER Setting Evidentiary Hearing on motion for preliminary injunction for 9/10/2012 at 09:00 AM in Tampa Courtroom 11 B before Magistrate Judge Mark A. Pizzo., Telephone Conference set for 8/21/2012 at 10:00 AM before Magistrate Judge Mark A. Pizzo. Signed by Magistrate Judge Mark A. Pizzo on 6/28/2012. (DK) (Entered: 06/28/2012)

June 28, 2012 PACER
84

MOTION to compel Better Answers to Discovery Requests by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Hayden, Donald) Motions referred to Magistrate Judge Mark A. Pizzo. EXHIBIT BE HAS BEEN DELETED BY THE CLERK. PLEASE REFER TO DOCUMENT #58 TO VIEW TRANSCRIPT. Modified on 7/6/2012 (CD). (Entered: 07/05/2012)

1 Exhibit A

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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July 5, 2012 PACER
85

MOTION to compel the Deposition of Sheriff Grady Judd by All Plaintiffs. (Hayden, Donald) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 07/05/2012)

July 5, 2012 RECAP
86

Unopposed MOTION for extension of time to file response/reply to Defendant Corizon's Motion to Dismiss by Crystal Cuyler, Amy Gage, Chanda Hughes, Franky Jean-Pierre, Lisa Jobe, Nikeyta Matthews, Michelle Minor, Anita Nava, Brenda Sheffield. (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendant Corizon's Motion to Dismiss)(Haskell, Miriam) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 07/09/2012)

1 Text of Proposed Order Granting Plaintiffs' Unopposed Motion for Extension

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July 9, 2012 PACER
87

MEDIATION REPORT Hearing held on July 6, 2012. Hearing outcome: the parties have reached an impasse.(Grilli, Peter) (Entered: 07/09/2012)

July 9, 2012 PACER
88

ENDORSED ORDER granting 86--motion to extend to 7/19/2012 the time within which to respond to 77--Corizon's motion to dismiss. Signed by Judge Steven D. Merryday on 7/10/2012. (BK) (Entered: 07/10/2012)

July 10, 2012 PACER
89

RESPONSE in opposition re 77 MOTION to dismiss Plaintiff's 2nd Amended Complaint filed by Crystal Cuyler, Amy Gage, Chanda Hughes, Franky Jean-Pierre, Lisa Jobe, Nikeyta Matthews, Michelle Minor, Anita Nava, Brenda Sheffield. (Haskell, Miriam) (Entered: 07/19/2012)

July 19, 2012 PACER
90

Unopposed MOTION for extension of time to file response/reply as to 84 MOTION to compel Better Answers to Discovery Requests by Grady Judd. (Campbell, Hank) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 07/23/2012)

July 23, 2012 PACER
91

RESPONSE in opposition re 85 MOTION to compel the Deposition of Sheriff Grady Judd filed by Grady Judd. (Campbell, Hank) (Entered: 07/23/2012)

July 23, 2012 PACER
92

MOTION for leave to file Reply to Pltf's Response in Oppositon to Def Corizon's Motion to Dismiss by Corizon Health, Inc.. (Vazquez, Ramon) (Entered: 07/23/2012)

July 23, 2012 PACER
93

STIPULATION Protective Order by Michael Allen, Corizon Health, Inc., Crystal Cuyler, Amy Gage, Peter J. Grilli, Chanda Hughes, Franky Jean-Pierre, Violene Jean-Pierre, Lisa Jobe, Grady Judd, Kim Marcum, Nikeyta Matthews, Michelle Minor, Anita Nava, Polk County Sheriff, Brenda Sheffield. (Hayden, Donald) (Entered: 07/24/2012)

July 24, 2012 RECAP
94

Unopposed MOTION for extension of time to file response/reply to Plaintiff's June 25, 2012 First Request to Produce to Corizon by Corizon Health, Inc.. (Vazquez, Ramon) Motions referred to Magistrate Judge Mark A. Pizzo. (Entered: 07/25/2012)

July 25, 2012 PACER
95

RESPONSE in opposition re 84 MOTION to compel Better Answers to Discovery Requests filed by Grady Judd. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Campbell, Hank) (Entered: 07/25/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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July 25, 2012 PACER
96

ENDORSED ORDER granting nunc pro tunc 90 Motion for extension of time to file responseto Plaintiff's motion to compel by June 25, 2012. Signed by Magistrate Judge Mark A. Pizzo on 7/26/2012. (DK) (Entered: 07/26/2012)

July 26, 2012 PACER

State / Territory: Florida

Case Type(s):

Juvenile Institution

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: March 15, 2012

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All future and present juvenile prisoners in the Polk County Jail.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Polk County Jail (Frostproof, Polk), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Confinement/isolation

Disciplinary procedures

Education

Excessive force

Failure to supervise

Juveniles

Pepper/OC spray

Recreation / Exercise

Restraints : chemical

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Suicide prevention

Visiting

Youth / Adult separation

Race:

Race, unspecified

Affected Gender:

Female

Male

Medical/Mental Health:

Medication, administration of

Mental health care, general

Suicide prevention

Type of Facility:

Government-run