Case: Disability Rights Florida v. Crews

1:14-cv-23323 | U.S. District Court for the Southern District of Florida

Filed Date: Sept. 9, 2014

Closed Date: Nov. 21, 2018

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Case Summary

On September 9, 2014, Disability Rights Florida filed this lawsuit in the U.S. District Court for the Southern District of Florida. This suit was brought against the Florida Department of Corrections (FDC) and Wexford Health Sources, an FDC contractor, under 42 U.S.C. § 1983, 28 U.S.C. § 2201, the Americans with Disabilities Act (ADA), the Protection and Advocacy for Individuals with Mental Illness Act (PAIMI), and the Rehabilitation Act. The plaintiff, represented by private and in-house counsel as well as Florida Legal Services, asked the court for injunctive and declaratory relief. The plaintiff alleged that abuse and discrimination against inmates with mental illnesses as well as inadequate care for such inmates violated their Eighth Amendment rights. Specifically, the plaintiff claimed that officials at Dade Correctional Institution (Dade CI) subjected inmates with serious mental illness in their inpatient mental health units to physical beatings, verbal harassment, deprivation of food, and torture. The plaintiff claimed that FDC was on notice of these conditions and failed to investigate the allegations of abuse and adequately punish those responsible.

Disability Rights Florida, the plaintiff, is a federally-funded protection and advocacy system responsible for protecting the rights of individuals with mental illness in the state. In this lawsuit, the organization sought several forms of relief to protect prisoners with mental illnesses. First, the plaintiff requested that the court declare the defendants’ conduct unlawful and unconstitutional. Second, the plaintiff requested an injunction requiring FDC to cease all actions that violated the constitutional and statutory rights of mentally ill inmates at the Dade CI inpatient unit, to take immediate action to investigate and stop the ongoing abuse of such inmates, to train and supervise officers assigned to the unit, to develop a system of periodic independent oversight of the unit, and to take immediate steps to ensure timely investigations of abuse upon these inmates. Third, the plaintiff requested an injunction requiring Wexford to mandate that its employees report allegations of abuse and ensure that inmates with mental illness receive adequate care. Fourth and finally, the plaintiff requested an injunction requiring FDC to stop discriminating against inmates in the Dade CI inpatient unit on the basis of disability.

At around the same time, the estate and survivors of a mentally ill prisoner who died after being forced to shower in scalding water for hours sued FDC and several FDC guards and prison officials (Chapman v. Florida Department of Corrections, docket number 1:14-cv-24140-RNS). The representative alleged that the defendants violated the ADA, the Rehabilitation Act, and the Eighth Amendment, and sought damages. On November 14, 2014, the court issued an order consolidating Chapman with this case.

On April 10, 2015, Disability Rights Florida and the defendants submitted a private settlement agreement that Judge Robert N. Scola, Jr. approved on April 14, 2015. Among other things, the state agreed to:

Provide Crisis Intervention Training to all staff at Dade CI.
Provide specialized training for correctional officers who work directly with inmates with mental illnesses.
Upgrade its video monitoring system and begin a pilot program for an audio monitoring system.
Try to provide full staffing at Dade CI.
Create an additional Assistant Warden position at Dade CI and a Mental Health Ombudsman position at FDC's central office and Region III office. These officials will lead and supervise mental health care efforts.
Install televisions in the common areas of the inpatient units at Dade CI for both therapeutic and recreational activities.
Allow a team of psychiatrists and security experts to visit Dade CI to review records, observe therapeutic and non-therapeutic activities, evaluate safeguards against abuse and neglect at the facility, and make recommendations for any needed changes and improvements.

In addition, Wexford Health Sources agreed to implement all of these provisions as well as provide training, hire additional behavioral health staff, and conduct internal and external audits of its program. The parties agreed to monitor compliance with the agreement through May of 2017. The court was to retain jurisdiction over the matter for 6 months, and during that time, the plaintiff could seek to reopen the case and resume the litigation if the state’s implementation of the agreement was systematically deficient.

Meanwhile, on February 1, 2016, the plaintiff in Chapman moved to reopen the case, lift the stay on litigation entered with the settlement agreement, and start discovery because the settlement had no bearing on the issues addressed in its complaint. The court, finding that Chapman should have automatically reopened on March 16, 2015 when the last stay expired, reopened the matter and ordered the defendants to respond to the complaint by April 4, 2016.

On April 12, 2016, the defendant answered the plaintiff’s complaint, raising several affirmative defenses, including failure to state a cause of action, failure to state a claim, and that the FDC was entitled to sovereign immunity. On May 16, plaintiff filed an amended complaint. The FDC and Dade CI’s warden subsequently filed motions to dismiss on July 1, 2016. Meanwhile, discovery commenced.

On October 28, 2016, the court granted the FDC’s motion to dismiss while denying that of Dade CI’s warden. As to the warden, the court found that the plaintiffs had stated a plausible claim of supervisory liability based on the warden’s alleged knowledge of widespread abuse of mentally ill inmates at Dade CI. As to the FDC, the court dismissed the ADA and Rehabilitation Act claims brought on behalf of the decedent’s surviving family members for lack of standing, but upheld the same claims as brought by his estate.

Discovery continued and, after fruitless mediation, a trial was scheduled for March 2018.

Meanwhile, Disability Rights Florida identified deficiencies in the defendants’ compliance with the settlement agreement. On May 19, 2017, it and FDC moved to extend the deadline by six months so that FDC could implement reforms, including hiring a different mental healthcare provider. At the end of the six-month extension, both parties asked the court to dismiss that portion of the consolidated case with prejudice. The court did so on November 8, 2017, but clarified that the dismissal did not affect the ongoing litigation between the estate and the FDC defendants. The court also retained jurisdiction to resolve any disputes over attorneys’ fees that might emerge. There is no evidence in the docket that any attorneys’ fees disputes with respect to the Disability Rights Florida litigation reached the court.

However, on January 17, 2018, the remaining parties notified the court that they had settled the case privately and in full. The court ordered the case administratively closed that day. While the Clearinghouse is not aware of the terms of the new settlement agreement, subsequent litigation revealed that it included $4.5 million in monetary damages.

On May 24, 2018, the court entered an order requiring the plaintiffs to file a stipulation of dismissal by July 23, 2018. However, one of the plaintiffs’ lawyers tried to put a charging lien on the pool of settlement funds, and the estate of one of the decedent’s relatives attempted to intervene to claim some of the proceeds. The court declined to address these new disputes, and after the lawyer voluntarily withdrew an Eleventh Circuit appeal on the lien issue, the court approved the settlement on October 26, 2018.

On November 21, 2018, the parties filed a joint stipulation of dismissal of the action. The same day, the court ordered the dismissal of the case and stated that the court reserves jurisdiction to enforce the parties’ settlement agreement. The case is now closed.

	Document
1:14-cv-23323	Docket [PACER]	Nov. 21, 2018	Nov. 21, 2018 Docket
1 1:14-cv-23323	Complaint For Declaratory and Injunctive Relief Disability Rights Florida v. Crews et al	Sept. 9, 2014	Sept. 9, 2014 Complaint
34 1:14-cv-23323	Amended Complaint and Jury Demand Chapman v. Florida Department of Corrections	Dec. 18, 2014	Dec. 18, 2014 Complaint
46 1:14-cv-23323	Last Amended Complaint Disability Rights Florida v. Crews et al	Jan. 23, 2015	Jan. 23, 2015 Complaint
59-1 1:14-cv-23323	Private Settlement Agreement Disability Rights of Florida v. Crews	April 10, 2015	April 10, 2015 Settlement Agreement
59 1:14-cv-23323	Joint Motion for Administrative Closure of Case Disability Rights of Florida, Inc. v. Jones	April 10, 2015	April 10, 2015 Settlement Agreement
61 1:14-cv-23323	Order Administratively Closing Case Upon Notice of Settlement Disability Rights of Florida v. Crews	April 15, 2015	April 15, 2015 Order/Opinion
145 1:14-cv-23323	Omnibus Order on Motions to Dismiss Chapman v. Florida Department of Corrections	Oct. 28, 2016	Oct. 28, 2016 Order/Opinion
191 1:14-cv-23323	Joint Motion for Extension of Courts' Jurisdiction and Administrative Closure	May 19, 2017	May 19, 2017 Pleading / Motion / Brief
231 1:14-cv-23323	Joint Motion to Dismiss and Retain Jurisdiction for Limited Purpose of Attorneys' Fees and Expenses	Nov. 8, 2017	Nov. 8, 2017 Pleading / Motion / Brief

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Michael D. Crews, Florida Department of Corrections, Wexford Health Sources, Inc.. Filing fee $ 400.00 receipt number 113C-7056164, filed by Disability Rights Florida. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s) Secretary Crews, # 3 Summon(s) Wexford Health Sources, Inc., # 4 Summon(s) Florida Department of Corrections)(Sleasman, Peter) Modified text on 9/9/2014 (yar). (Entered: 09/09/2014) 1 Civil Cover Sheet View on PACER 2 Summon(s) Secretary Crews View on PACER 3 Summon(s) Wexford Health Sources, Inc. View on PACER 4 Summon(s) Florida Department of Corrections View on PACER	Sept. 9, 2014	Sept. 9, 2014 RECAP
2	Judge Assignment to Judge Cecilia M. Altonaga (yar) (Entered: 09/09/2014)	Sept. 9, 2014	Sept. 9, 2014 PACER
3	Summons Issued as to Michael D. Crews, Florida Department of Corrections, Wexford Health Sources, Inc.. (yar) (Entered: 09/09/2014)	Sept. 9, 2014	Sept. 9, 2014 PACER
4	Corporate Disclosure Statement by Disability Rights Florida, Inc. (Boyer, David) (Entered: 09/09/2014)	Sept. 9, 2014	Sept. 9, 2014 PACER
5	ORDER OF RECUSAL. Judge Cecilia M. Altonaga recused. Case reassigned to Judge Robert N. Scola, Jr. for all further proceedings. Signed by Judge Cecilia M. Altonaga on 9/10/2014. (tpe) (Entered: 09/10/2014)	Sept. 10, 2014	Sept. 10, 2014 PACER
6	SUMMONS (Affidavit) Returned Executed on 1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline by Disability Rights Florida, Inc.. Michael D. Crews served on 9/10/2014, answer due 10/1/2014. (Sleasman, Peter) (Entered: 09/15/2014)	Sept. 15, 2014	Sept. 15, 2014 PACER
7	SUMMONS (Affidavit) Returned Executed on 1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline by Disability Rights Florida, Inc.. Wexford Health Sources, Inc. served on 9/10/2014, answer due 10/1/2014. (Sleasman, Peter) (Entered: 09/15/2014)	Sept. 15, 2014	Sept. 15, 2014 PACER
8	SUMMONS (Affidavit) Returned Executed on 1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline by Disability Rights Florida, Inc.. Florida Department of Corrections served on 9/10/2014, answer due 10/1/2014. (Sleasman, Peter) (Entered: 09/15/2014)	Sept. 15, 2014	Sept. 15, 2014 PACER
9	Unopposed MOTION for Extension of Time to File Response/Reply as to 1 Complaint 42 USC 1983 or Bivens, by Wexford Health Sources, Inc.. Attorney Devang B. Desai added to party Wexford Health Sources, Inc.(pty:dft). (Attachments: # 1 Exhibit A)(Desai, Devang) (Entered: 09/29/2014) 1 Exhibit A View on PACER	Sept. 29, 2014	Sept. 29, 2014 PACER
10	PAPERLESS ORDER: The Court grants 9 Defendant's Unopposed Motion for an Extension of Time to File Response. The time to respond is extended to October 24, 2014. Signed by Judge Robert N. Scola, Jr. on 9/30/2014. (lls) (Entered: 09/30/2014)	Sept. 30, 2014	Sept. 30, 2014 PACER
	Set/Reset Deadlines	Sept. 30, 2014	Sept. 30, 2014 PACER
	Reset Answer Due Deadline: Wexford Health Sources, Inc. response due 10/24/2014. (ls) (per DE #10)	Sept. 30, 2014	Sept. 30, 2014 PACER
11	NOTICE of Attorney Appearance by Susan A. Maher on behalf of Florida Department of Corrections. Attorney Susan A. Maher added to party Florida Department of Corrections(pty:dft). (Maher, Susan) (Entered: 10/01/2014)	Oct. 1, 2014	Oct. 1, 2014 PACER
12	Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 1 Complaint 42 USC 1983 or Bivens, by Florida Department of Corrections. (Maher, Susan) (Entered: 10/01/2014)	Oct. 1, 2014	Oct. 1, 2014 PACER
13	PAPERLESS ORDER: The Court grants 12 Defendant Florida Department of Corrections's Unopposed Motion for Extension to Respond. The time to respond is extended to November 7, 2014. Signed by Judge Robert N. Scola, Jr. on 10/2/2014. (lls) (Entered: 10/02/2014)	Oct. 2, 2014	Oct. 2, 2014 PACER
14	NOTICE of Attorney Appearance by Susan A. Maher on behalf of Michael D. Crews. Attorney Susan A. Maher added to party Michael D. Crews(pty:dft). (Maher, Susan) (Entered: 10/03/2014)	Oct. 3, 2014	Oct. 3, 2014 PACER
15	Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 1 Complaint 42 USC 1983 or Bivens, by Michael D. Crews. (Maher, Susan) (Entered: 10/03/2014)	Oct. 3, 2014	Oct. 3, 2014 PACER
16	PAPERLESS ORDER: The Court grants 15 Defendant Michael Crews's Unopposed Motion for Extension of Time to Answer Complaint. The time to respond is extended to November 7, 2014. Signed by Judge Robert N. Scola, Jr. on 10/3/2014. (lls) (Entered: 10/03/2014)	Oct. 3, 2014	Oct. 3, 2014 PACER
17	NOTICE by Florida Department of Corrections, Michael D. Crews of Mediation (Maher, Susan) (Entered: 10/21/2014)	Oct. 21, 2014	Oct. 21, 2014 PACER
18	NOTICE of Attorney Appearance by Lisa Kuhlman Tietig on behalf of Michael D. Crews, Florida Department of Corrections. Attorney Lisa Kuhlman Tietig added to party Michael D. Crews(pty:dft), Attorney Lisa Kuhlman Tietig added to party Florida Department of Corrections(pty:dft). (Tietig, Lisa) (Entered: 10/21/2014)	Oct. 21, 2014	Oct. 21, 2014 PACER
19	Notice of Mediation Hearing Thomas H. Bateman added as Mediator. Mediation Hearing set for 11/4/2014 10:00 AM (See image at DE 17 ).(yar) (Entered: 10/21/2014)	Oct. 21, 2014	Oct. 21, 2014 PACER
20	Clerks Notice to Filer re 17 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see DE 19 . It is not necessary to refile this document. (yar) (Entered: 10/21/2014)	Oct. 21, 2014	Oct. 21, 2014 PACER
21	ORDER REQUIRING DISCOVERY AND SCHEDULING CONFERENCE AND ORDER REFERRING DISCOVERY MATTERS TO THE MAGISTRATE JUDGE Signed by Judge Robert N. Scola, Jr on 10/22/2014. (yar) (Entered: 10/22/2014)	Oct. 21, 2014	Oct. 21, 2014 PACER
22	ORDER SCHEDULING MEDIATION Signed by Judge Robert N. Scola, Jr on 10/22/2014. (yar) (Entered: 10/22/2014)	Oct. 21, 2014	Oct. 21, 2014 PACER
23	Second MOTION for Extension of Time to File Response/Reply as to 1 Complaint 42 USC 1983 or Bivens, Unopposed by Wexford Health Sources, Inc.. (Attachments: # 1 Text of Proposed Order)(Desai, Devang) (Entered: 10/22/2014) 1 Text of Proposed Order View on PACER	Oct. 22, 2014	Oct. 22, 2014 PACER
24	PAPERLESS ORDER: The Court grants 23 Defendant Wexford's Unopposed Motion for Extension of Time to Respond. The time to respond is extended to November 7, 2014. Signed by Judge Robert N. Scola, Jr. on 10/22/2014. (lls) (Entered: 10/22/2014)	Oct. 22, 2014	Oct. 22, 2014 PACER
25	MEDIATION REPORT by Thomas Bateman. Disposition: Adjourned.(Maher, Susan) (Entered: 11/05/2014)	Nov. 5, 2014	Nov. 5, 2014 PACER
26	Joint MOTION to Stay Case Until January 31, 2015 While Settlement Negotiations Are Pending [By All Parties] by Michael D. Crews, Florida Department of Corrections. Responses due by 11/24/2014 (Maher, Susan) (Entered: 11/06/2014)	Nov. 6, 2014	Nov. 6, 2014 PACER
27	ORDER granting 26 Motion to Stay. Signed by Judge Robert N. Scola, Jr on 11/13/2014. (yar) (Entered: 11/17/2014)	Nov. 14, 2014	Nov. 14, 2014 PACER
28	ORDER CONSOLIDATING RELATED CASES Signed by Judge Robert N. Scola, Jr on 11/13/2014. Associated Cases: 1:14-cv-23323-RNS, 1:14-cv-24140-RNS (yar) (Entered: 11/17/2014)	Nov. 14, 2014	Nov. 14, 2014 PACER
29	SUMMONS (Affidavit) Returned Executed on 1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline by Andre Chapman. Corizon LLC served on 11/7/2014, answer due 11/28/2014. (Sleasman, Peter) (Entered: 11/17/2014)	Nov. 17, 2014	Nov. 17, 2014 PACER
30	MOTION to Dismiss 1 Complaint 42 USC 1983 or Bivens, by Corizon LLC. Attorney Gregg Alan Toomey added to party Corizon LLC(pty:condft). Responses due by 12/18/2014 (Toomey, Gregg) (Entered: 12/01/2014)	Dec. 1, 2014	Dec. 1, 2014 PACER
31	RESPONSE to Motion re 30 MOTION to Dismiss 1 Complaint 42 USC 1983 or Bivens, filed by Andre Chapman. Replies due by 12/22/2014. (Sleasman, Peter) (Entered: 12/10/2014)	Dec. 10, 2014	Dec. 10, 2014 PACER
32	Defendant's MOTION to Sever by Corizon LLC. Responses due by 12/29/2014 (Toomey, Gregg) (Entered: 12/12/2014)	Dec. 12, 2014	Dec. 12, 2014 PACER
33	Notice of Contiuned Mediation Hearing before Mediator, Thomas Bateman filed by Michael D. Crews, Florida Department of Corrections. Mediation Hearing set for 1/6/2015 10:00 AM (Maher, Susan) Modified text on 12/17/2014 (yar). (Entered: 12/15/2014)	Dec. 15, 2014	Dec. 15, 2014 PACER
34	AMENDED COMPLAINT AND JURY DEMAND against Roland Clarke, Corizon LLC, Florida Department of Corrections, Cornelius Thompson, filed by Andre Chapman.(Sleasman, Peter) Modified text on 12/22/2014 (yar). (Entered: 12/18/2014)	Dec. 18, 2014	Dec. 18, 2014 RECAP
35	PAPERLESS ORDER: The Court denies as moot 30 Defendant's Motion to Dismiss. The Plaintiff has filed an amended pleading which moots the Defendant's motion to dismiss the prior pleading. See Taylor v. Alabama, 275 F. App'x 836, 838 (11th Cir. 2008) (noting that when the plaintiffs amended their complaint the defendants' motion to dismiss became moot). Signed by Judge Robert N. Scola, Jr. on 12/18/2014. (lls) (Entered: 12/18/2014)	Dec. 18, 2014	Dec. 18, 2014 PACER
36	SUMMONS (Affidavit) Returned Executed on 1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline by Andre Chapman. Roland Clarke served on 12/8/2014, answer due 12/29/2014. (Sleasman, Peter) (Entered: 12/19/2014)	Dec. 19, 2014	Dec. 19, 2014 PACER
37	AMENDED ORDER SCHEDULING MEDIATION before Thomas Bateman III. Mediation Hearing set for 1/6/2015 as to Disablity Rights and the Florida Department of Corrections, and 1/30/2015 as to Disability Rights, the Florida Department of Corrections, and Wexford Health Sources, Inc. Signed by Judge Robert N. Scola, Jr on 12/19/2014. (yar) (Entered: 12/19/2014)	Dec. 19, 2014	Dec. 19, 2014 PACER
38	RESPONSE in Opposition re 32 Defendant's MOTION to Sever filed by Andre Chapman. Replies due by 1/2/2015. (Sleasman, Peter) (Entered: 12/23/2014)	Dec. 23, 2014	Dec. 23, 2014 PACER

Case: Disability Rights Florida v. Crews

1:14-cv-23323 | U.S. District Court for the Southern District of Florida

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