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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

Clearinghouse coding complete

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 couns…

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.

Summary Authors

Spencer Klein (2/8/2015)

Lauren Latterell Powell (3/18/2018)

Jake Parker (7/5/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4236177/parties/disability-rights-florida-v-crews/


Judge(s)

Otazo-Reyes, Alicia M. (Florida)

Scola, Robert Nichols Jr. (Florida)

Attorneys(s) for Plaintiff

Boyer, David Allen (Florida)

Lentz, Kristen Cooley (Florida)

Paris, Molly Jean (Florida)

Schulz, George E. Jr. (Florida)

Sleasman, Peter P. (Florida)

Attorneys(s) for Defendant

Bondi, Pamela Jo (Florida)

Desai, Devang B (Florida)

Maher, Susan Adams (Florida)

Judge(s)

Otazo-Reyes, Alicia M. (Florida)

Scola, Robert Nichols Jr. (Florida)

Attorneys(s) for Plaintiff

Boyer, David Allen (Florida)

Lentz, Kristen Cooley (Florida)

Paris, Molly Jean (Florida)

Schulz, George E. Jr. (Florida)

Sleasman, Peter P. (Florida)

Attorneys(s) for Defendant

Bondi, Pamela Jo (Florida)

Desai, Devang B (Florida)

Maher, Susan Adams (Florida)

Marrero, Oscar Edmund (Florida)

Marsh, J. Lee (Florida)

Neff, Lance Eric (Florida)

Sheeran, Andrew T (Florida)

Stinson, Monica Galindo (Florida)

Stinson [inactive], Monica Galindo (Florida)

Tietig, Lisa Kuhlman (Florida)

Toomey, Gregg Alan (Florida)

Weissenborn, Sheridan K. (Florida)

Wydler, Lourdes Espino (Florida)

Other Attorney(s)

Commons, Linda Bellomio (Florida)

Grimes, Milton C. (California)

Hoffman, Paul L. (California)

Jackson, Iverson Matthew (California)

Newman, Annette (Florida)

Price, Max Richard (Florida)

Sarmiento, Vicki I. (California)

Soren, Max Gabriel (Florida)

Sutton, John R (Florida)

Sweetser, Catherine Elizabeth (California)

Wintter, Christopher Quinn (Florida)

Expert/Monitor/Master

Smith, H. T. (Florida)

Documents in the Clearinghouse

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

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4236177/disability-rights-florida-v-crews/

Last updated Nov. 26, 2022, 3:07 a.m.

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

Reset Answer Due Deadline: Wexford Health Sources, Inc. response due 10/24/2014. (ls) (per DE #10)

Sept. 30, 2014

Sept. 30, 2014

PACER

Set/Reset Deadlines

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
39

REPLY to Response to Motion re 32 Defendant's MOTION to Sever filed by Corizon LLC. (Toomey, Gregg) (Entered: 12/30/2014)

Dec. 30, 2014

Dec. 30, 2014

PACER
40

Unopposed MOTION for Enlargement of Time to Respond to Plaintiff's Amended Complaint re 34 Amended Complaint by Corizon LLC. Responses due by 1/20/2015 (Toomey, Gregg) Modified text on 1/5/2015 (yar). (Entered: 12/31/2014)

Dec. 31, 2014

Dec. 31, 2014

PACER
41

PAPERLESS ORDER: The Court grants 40 Defendant Corizon LLC's Unopposed Motion for Extension of Time to Respond/Answer the Complaint. The time to answer the Complaint is extended to January 6, 2015. Signed by Judge Robert N. Scola, Jr. on 1/5/2015. (lls) (Entered: 01/05/2015)

Jan. 5, 2015

Jan. 5, 2015

PACER

Set Answer Due Deadline per 41 Order: Corizon LLC response due 1/6/2015. (asl)

Jan. 5, 2015

Jan. 5, 2015

PACER

Set/Reset Deadlines

Jan. 5, 2015

Jan. 5, 2015

PACER
42

ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Corizon LLC. (Toomey, Gregg) (Entered: 01/06/2015)

Jan. 6, 2015

Jan. 6, 2015

PACER
43

NOTICE of Attorney Appearance by Lourdes Espino Wydler on behalf of Roland Clarke. Attorney Lourdes Espino Wydler added to party Roland Clarke(pty:condft). (Wydler, Lourdes) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
44

NOTICE of Attorney Appearance by Oscar Edmund Marrero on behalf of Roland Clarke. Attorney Oscar Edmund Marrero added to party Roland Clarke(pty:condft). (Marrero, Oscar) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
45

Unopposed MOTION for clarification on Stay, Unopposed MOTION for Extension of Time to File Responsive Pleading to Plaintiff's Amended Complaint ( Responses due by 2/2/2015) by Roland Clarke. (Attachments: # 1 Text of Proposed Order)(Wydler, Lourdes) (Entered: 01/16/2015)

1 Text of Proposed Order

View on PACER

Jan. 16, 2015

Jan. 16, 2015

PACER
46

AMENDED COMPLAINT For Declaratory and Injunctive Relief against Michael D. Crews, Florida Department of Corrections, Wexford Health Sources, Inc., filed by Disability Rights Florida, Inc..(Boyer, David) Modified text on 1/23/2015 (yar). (Entered: 01/23/2015)

Jan. 23, 2015

Jan. 23, 2015

RECAP
47

NOTICE by Disability Rights Florida, Inc. re 46 Amended Complaint (Boyer, David) (Entered: 01/23/2015)

Jan. 23, 2015

Jan. 23, 2015

PACER
48

Clerks Notice to Filer re 46 Amended Complaint. Parties Not Added; ERROR - The Filer failed to add all parties. Filer is instructed to file a Notice of Entry of Parties and add the additional parties. (yar) (Entered: 01/23/2015)

Jan. 23, 2015

Jan. 23, 2015

PACER
49

Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Julie L. Jones. (Boyer, David) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

PACER
50

ORDER GRANTING UNOPPOSED MOTION FOR CLARIFICATION; 45 Motion for Clarification; granting 45 Motion for Extension of Time. The Court grants Clarkes request Clarke must file a response to the Amended Complaint by Thursday February 5,2015. Signed by Judge Robert N. Scola, Jr on 01/26/2015. (yar) Modified text on 1/26/2015 (yar). (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

PACER

Set/Reset Deadlines/Hearings Responses due by 2/5/2015 per Order DE 50 . (yar)

Jan. 26, 2015

Jan. 26, 2015

PACER

Set/Reset Deadlines/Hearings

Jan. 26, 2015

Jan. 26, 2015

PACER
51

Joint MOTION to [Continue Stay] Until February 27, 2015 While Settlement Negotiations Are Pending by Florida Department of Corrections, Julie L. Jones. Attorney Susan A. Maher added to party Julie L. Jones(pty:dft). Responses due by 2/17/2015 (Maher, Susan) Modified text on 2/2/2015 (yar). (Entered: 01/30/2015)

Jan. 30, 2015

Jan. 30, 2015

PACER
52

ORDER GRANTING MOTION TO CONTINUE STAY; 51 Motion to Stay. The Parties have demonstrated that a stay is appropriate at this stage inthe case. Settlement negotiations remain ongoing and the parties agree that if a resolution is not achieved at the next mediation, the Defendants will answerthe complaint no later than March 13, 2015. Signed by Judge Robert N. Scola, Jr on 02/02/2015. (yar) (Entered: 02/03/2015)

Feb. 3, 2015

Feb. 3, 2015

PACER
53

ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Roland Clarke. (Wydler, Lourdes) (Entered: 02/05/2015)

Feb. 5, 2015

Feb. 5, 2015

PACER
54

PAPERLESS ORDER: The Court directs the Clerk to administratively close this case during the pendency of the stay. Signed by Judge Robert N. Scola, Jr. on 2/6/2015. (lls) (Entered: 02/06/2015)

Feb. 6, 2015

Feb. 6, 2015

PACER

Terminated Case

Feb. 6, 2015

Feb. 6, 2015

PACER

Civil Case Terminated. Closing Case. (ls) (per DE #54) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

Feb. 6, 2015

Feb. 6, 2015

PACER
55

Joint MOTION to Continue Stay Stay to March 16, 2015 While Settlement Negotiations Are Pending by Florida Department of Corrections, Julie L. Jones. Responses due by 3/16/2015 (Maher, Susan) Modified text on 3/2/2015 (yar). (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

PACER
56

SECOND ORDER GRANTING MOTION TO CONTINUE STAY; 55 Motion to Stay. Signed by Judge Robert N. Scola, Jr on 03/04/2015. (yar) (Entered: 03/05/2015)

March 4, 2015

March 4, 2015

PACER
57

NOTICE by Florida Department of Corrections, Julie L. Jones [Joint] Regarding Status of Settlement Negotiations (Maher, Susan) (Entered: 03/27/2015)

March 27, 2015

March 27, 2015

PACER
58

Time Sensitive Joint MOTION Requesting Entry of Stipulated Protective Order (Time Sensitive) by Disability Rights Florida, Inc.. (Attachments: # 1 Text of Proposed Order)(Boyer, David) Modified text on 4/13/2015 (yar). (Entered: 04/10/2015)

1 Text of Proposed Order

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April 10, 2015

April 10, 2015

PACER
59

Joint MOTION Administrative Closure of Case by Disability Rights Florida, Inc.. (Attachments: # 1 Exhibit Private Settlement Agreement)(Sleasman, Peter) (Entered: 04/10/2015)

1 Exhibit Private Settlement Agreement

View on RECAP

April 10, 2015

April 10, 2015

PACER
60

STIPULATED PROTECTIVE ORDER 58 Motion for Protective Order. Signed by Judge Robert N. Scola, Jr on 04/10/2015. (yar) (Entered: 04/13/2015)

April 10, 2015

April 10, 2015

PACER
61

ORDER granting 59 Joint Motion For Administrative Closure of Case. Motions due by 1/31/2016. Signed by Judge Robert N. Scola, Jr on 04/13/2015. (yar) (Entered: 04/15/2015)

April 14, 2015

April 14, 2015

PACER
62

NOTICE of Attorney Appearance by Annette Newman on behalf of Andre Chapman. Attorney Annette Newman added to party Andre Chapman (pty:conpla). (Newman, Annette) (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

PACER
63

MOTION to Withdraw as Attorney by Peter P. Sleasman, Kristen C. Lentz, David Boyer & Molly Paris. by Andre Chapman. Responses due by 7/9/2015 (Sleasman, Peter) (Entered: 06/19/2015)

June 19, 2015

June 19, 2015

PACER
65

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Milton C. Grimes and Iverson Matthew Jackson. Filing Fee $ 150.00. Receipt # 6838. (ksa) (Entered: 06/23/2015)

June 22, 2015

June 22, 2015

PACER
64

NOTICE by Andre Chapman of Charging Lien (Sleasman, Peter) (Entered: 06/23/2015)

June 23, 2015

June 23, 2015

RECAP
66

ORDER granting 65 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Robert N. Scola, Jr on 06/24/2015. (yar) (Entered: 06/23/2015)

June 23, 2015

June 23, 2015

PACER
67

ORDER granting 63 Motion to Withdraw as Attorney. Attorney Molly Jean Paris; Peter Prescott Sleasman; David Allen Boyer and Kristen Cooley Lentz terminated. Signed by Judge Robert N. Scola, Jr on 06/24/2015. (yar) (Entered: 06/24/2015)

June 23, 2015

June 23, 2015

PACER
68

NOTICE of Change of Address by Peter Prescott Sleasman (Sleasman, Peter) (Entered: 12/14/2015)

Dec. 14, 2015

Dec. 14, 2015

PACER
69

MOTION to Reopen Case and Memorandum of Law by Andre Chapman. (Attachments: # 1 Court Order)(Newman, Annette). Added MOTION for Hearing on 2/2/2016 (asl). (Entered: 02/01/2016)

1 Court Order

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Feb. 1, 2016

Feb. 1, 2016

PACER
70

Clerks Notice to Filer re 69 MOTION to Reopen Case . Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (asl) (Entered: 02/02/2016)

Feb. 2, 2016

Feb. 2, 2016

PACER
71

RESPONSE in Opposition re 69 MOTION to Reopen Case MOTION for Hearing filed by Roland Clarke. Replies due by 2/29/2016. (Wydler, Lourdes) (Entered: 02/17/2016)

Feb. 17, 2016

Feb. 17, 2016

PACER
72

NOTICE by Corizon LLC re 71 Response in Opposition to Motion of Joinder (Toomey, Gregg) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
73

RESPONSE in Opposition re 69 MOTION to Reopen Case MOTION for Hearing filed by Florida Department of Corrections. Attorney Lisa Kuhlman Tietig added to party Florida Department of Corrections(pty:condft). Replies due by 2/29/2016. (Tietig, Lisa) (Entered: 02/18/2016)

Feb. 18, 2016

Feb. 18, 2016

PACER
74

REPLY in Support re 69 MOTION to Reopen Case MOTION for Hearing filed by Andre Chapman. (Newman, Annette) Modified title text on 2/29/2016 (asl). (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

PACER
75

ORDER granting in part and denying in part 69 Motion to Reopen Case. The Clerk is directed to reopen this case with respect to the 14-cv-24140 parties and any stay is hereby lifted. Signed by Judge Robert N. Scola, Jr on 3/21/2016. (pes) (Entered: 03/21/2016)

March 21, 2016

March 21, 2016

PACER
76

Amended Order Requiring Discovery And Scheduling Conference ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Robert N. Scola, Jr on 3/21/2016. (pes) (Entered: 03/21/2016)

March 21, 2016

March 21, 2016

PACER

Case Reopened, Stay Lifted, Florida Department of Corrections response to Complaint due 4/4/2016; Per Order DE 75 . (pes)

March 21, 2016

March 21, 2016

PACER

Case Reopened

March 21, 2016

March 21, 2016

PACER
77

NOTICE of Filing Proposed Summons(es) against Cornelius Thompson by Andre Chapman (Newman, Annette) (Entered: 03/31/2016)

March 31, 2016

March 31, 2016

PACER
78

NOTICE by Andre Chapman re 75 Order on Motion to Reopen Case, Order on Motion for Hearing Plaintiff's Notice of Showing Good Cause and/or in the Alternative, Excusable Neglect (Attachments: # 1 Affidavit Declaration of Matthew Jackson, # 2 Exhibit Letter from Matthew Jackson to Defendants dated September 3, 2015) (Newman, Annette) (Entered: 03/31/2016)

1 Affidavit Declaration of Matthew Jackson

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2 Exhibit Letter from Matthew Jackson to Defendants dated September 3, 2015

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March 31, 2016

March 31, 2016

PACER
79

Summons Issued as to Cornelius Thompson. (asl) (Entered: 04/01/2016)

April 1, 2016

April 1, 2016

PACER
80

PAPERLESS ORDER: The Plaintiff has requested thirty days to perfect service on Defendant Cornelius Thompson. The Court finds the Plaintiff has established good cause for the extension. The Plaintiff must serve Defendant Cornelius Thompson on or before May 2, 2016. Signed by Judge Robert N. Scola, Jr. on 4/4/2016. (kbe) (Entered: 04/04/2016)

April 4, 2016

April 4, 2016

PACER
81

MOTION for Extension of Time to File Response/Reply/Answer as to 34 Amended Complaint by Florida Department of Corrections. (Tietig, Lisa) (Entered: 04/04/2016)

April 4, 2016

April 4, 2016

PACER
82

PAPERLESS ORDER: Based on the Defendant Florida Department of Corrections' showing of good case, the Court grants 81 the Defendant's motion for extension of time to respond to the complaint. The Defendant's response to the complaint is due on or before April 11, 2016. Signed by Judge Robert N. Scola, Jr. on 4/6/2016. (kbe) (Entered: 04/06/2016)

April 6, 2016

April 6, 2016

PACER

Set/Reset Answer Due Deadline: Florida Department of Corrections response due 4/11/2016. SEE DE 82 ORDER (ail)

April 7, 2016

April 7, 2016

PACER

Set/Reset Deadlines

April 7, 2016

April 7, 2016

PACER
83

ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Florida Department of Corrections. (Tietig, Lisa) (Entered: 04/12/2016)

April 12, 2016

April 12, 2016

PACER
84

Defendant's MOTION to Compel Miami-Dade County Medical Examiner's Office to Comply with a Subpoena by Roland Clarke. Responses due by 5/9/2016 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Text of Proposed Order)(Wydler, Lourdes) (Entered: 04/20/2016)

1 Exhibit

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2 Exhibit

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3 Text of Proposed Order

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April 20, 2016

April 20, 2016

PACER
85

MOTION to Amend/Correct 34 Amended Complaint by Andre Chapman. Responses due by 5/9/2016 (Attachments: # 1 Exhibit Second Amended Complaint)(Newman, Annette) (Entered: 04/20/2016)

1 Exhibit Second Amended Complaint

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April 20, 2016

April 20, 2016

PACER
86

PAPERLESS ORDER Setting Hearing on 84 Defendant's MOTION to Compel Miami-Dade County Medical Examiner's Office to Comply with a Subpoena for 5/10/2016 at 2:00 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 4/21/2016. (eno) (Entered: 04/21/2016)

April 21, 2016

April 21, 2016

PACER
87

RESPONSE in Opposition re 84 Defendant's MOTION to Compel Miami-Dade County Medical Examiner's Office to Comply with a Subpoena filed by Miami-Dade County. Attorney Daija Page Lifshitz added to party Miami-Dade County(pty:ip). Replies due by 5/9/2016. (Attachments: # 1 Exhibit Exhibit A - Declaration of Kathleen Hoague)(Lifshitz, Daija) (Entered: 04/27/2016)

1 Exhibit Exhibit A - Declaration of Kathleen Hoague

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April 27, 2016

April 27, 2016

PACER
88

MOTION for Extension of Time to Effectuate Service on Defendant Cornelius Thompson re 80 Endorsed Order, by Andre Chapman. Responses due by 5/19/2016 (Attachments: # 1 Exhibit Exhibit A - Affidavit of Non Service - 11th Hour, # 2 Exhibit Exhibit B - Affidavit of Non Service - James Barnes)(Newman, Annette) (Entered: 05/02/2016)

1 Exhibit Exhibit A - Affidavit of Non Service - 11th Hour

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2 Exhibit Exhibit B - Affidavit of Non Service - James Barnes

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May 2, 2016

May 2, 2016

PACER

Case Details

State / Territory: Florida

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 9, 2014

Closing Date: Nov. 21, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disability Rights Florida, an organization empowered by federal law to file suit to protect the rights of individuals with mental illness who are in the custody of the state; also, the estate of an individual who died in state custody.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida Department of Corrections (Dade), State

Wexford Health Sources, Inc., Private Entity/Person

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Declaratory Judgment Act, 28 U.S.C. § 2201

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $4,500,000

Order Duration: 2015 - 2017

Content of Injunction:

Hire

Other requirements regarding hiring, promotion, retention

Reporting

Recordkeeping

Auditing

Monitoring

Training

Issues

General:

Assault/abuse by staff

Bathing and hygiene

Classification / placement

Conditions of confinement

Counseling

Failure to discipline

Failure to supervise

Failure to train

Food service / nutrition / hydration

Incident/accident reporting & investigations

Pattern or Practice

Restraints : physical

Retaliation

Sanitation / living conditions

Solitary confinement/Supermax (conditions or process)

Torture

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Depression

Mental Illness, Unspecified

Schizophrenia

Medical/Mental Health:

Medical care, general

Mental health care, general

Suicide prevention

Type of Facility:

Government-run