Case: Garcia v. Tucker

4:07-cv-00474 | U.S. District Court for the Northern District of Florida

Filed Date: Nov. 7, 2007

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On November 7, 2007, a hearing-impaired inmate at Polk Correctional Institution in Polk City, FL, filed this lawsuit, pro se, in the U.S. District Court for the Northern District of Florida. He sued four corrections officials responsible for organizing and providing accommodations for disabled inmates in his lawsuit under Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and the Florida Civil Rights Act of 1992, alleging that the defendants had disc…

On November 7, 2007, a hearing-impaired inmate at Polk Correctional Institution in Polk City, FL, filed this lawsuit, pro se, in the U.S. District Court for the Northern District of Florida. He sued four corrections officials responsible for organizing and providing accommodations for disabled inmates in his lawsuit under Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, and the Florida Civil Rights Act of 1992, alleging that the defendants had discriminated against him because of his disability. Representing himself, the plaintiff asked the court for injunctive relief. The plaintiff also sought class certification.

To reduce or eliminate noise levels to better monitor and control prisoners in the television day rooms, the prison installed modular audio level cut-off equipment on the institution televisions that would convert the television audio to a FM radio signal for air wave transition. These "audio decorders" permit the televisions to be turned down to their lowest speaker level, this reducing the noise pollution while allowing prisoners to hear, understand, and clearly enjoy the television audio through a radio with earbuds or headphones at a personally selected audio level. However, these radios were insufficient for the plaintiffs' impairment, so he requested that the institution allow him to have his family pay a special vendor for a speaker-less AM-FM radio with the decibel level high enough to accommodate his hearing impairment.

According to his complaint, the plaintiff submitted a formal request to Defendant Young, for "reasonable modification or accommodation" on June 26, 2007. Defendant Young sent the plaintiff's request to Defendant Long, the Chief Health Officer of the prison, to get verification of his disability and for the medical officer's findings and opinion of the requested accommodation. On August 2, 2007, Defendant Long issued a discussion of findings to Defendant Young saying that though the plaintiff is hearing-impaired, he was not sure that the AM-FM radio requested by the plaintiff would provide any better benefit that the radio available through the prison store. On August 3, 2007, Defendant Young denied the plaintiff's reasonable accommodation request. On August 23, 2007, Defendant Taylor, the statewide ADA coordinator, agreed with Defendant Young's decision to deny the plaintiff's request.

The plaintiff then filed a request for administrative review, which was received by a representative of Defendant Secretary McDonough, and referred it to Defendant Taylor who again denied the plaintiff's request, adding that allowing the requested radio would be a security risk. The plaintiff filed this lawsuit alleging that the defendants were discriminating against him on the basis of his disability.

In an amended complaint filed on December 3, 2007, the plaintiff dropped the class action attempt. On May 21, 2008, the plaintiff filed a motion for appointment of counsel, that, though originally denied by Magistrate Judge William C. Sherrill, Jr., was eventually granted and the plaintiff was appointed counsel.

On September 9, 2008, the defendants filed their first motion for summary judgment. In a June 22, 2009 report, Magistrate Judge Sherrill recommended the motion be granted in part and denied in part. He concluded that there was sufficient evidence that the plaintiff had been excluded from the benefits of the services, programs, or activities of the correctional facility and his disability had not reasonably been accommodated and therefore the motion for summary judgment on the plaintiff's ADA and Rehabilitation Act claims should be denied.

As for the equal protection claim, the magistrate judge concluded that the plaintiff had come forward with evidence to show that other inmates have received radios with higher decibel audio as he has requested and therefore the motion to dismiss to that claim should be denied. The magistrate judge also recommended that the defendants' motion to dismiss as to the plaintiff's speech therapy claim (that he needs the higher decibel radio and speech therapy to learn to speak) and the plaintiff's individual capacity liability claim under the ADA be denied.

On August 11, 2009, U.S. District Court Chief Judge Stephan P. Mickle, accepted the magistrate's recommendations over the defendants' objections to the magistrate's recommendations.

The plaintiff again tried to amend the complaint, to re-add class action allegations, and the magistrate judge, in an August 12, 2010 report and recommendation, suggested that the Court grant the motion to amend in part, and deny it in part. The magistrate's recommendations were accepted by Judge Mickle on November 22, 2010, permitting the plaintiff to file an amended complaint with class action allegations, but disallowing the addition of prisoner plaintiffs.

A month later, the defendants appealed that November 22 opinion adopting the magistrate's recommendations, but their appeal was dismissed, sua sponte, for lack of jurisdiction.

On January 11, 2011, the plaintiff filed a motion to consolidate this case with Blackburn v. Florida Department of Corrections (4:10-CV-569-SPM/WCS) and Johnson v. Florida Department of Corrections (4:10-CV-570). While waiting for the Court to rule on this motion, the plaintiff filed a number of motions including an emergency motion to enjoin the defendants from retaliating against him, an emergency motion for writ of habeas corpus, an emergency motion for injunction to ordering the defendants to transfer the plaintiff, and an emergency motion to depose the plaintiff. These motions were either deferred or immediately denied by the magistrate judge. As for the motion to consolidate, the magistrate recommended it be denied in a February 23, 2011 report and recommendation, a recommendation that was accepted by Judge Mickle on March 28, 2011.

A month later, Magistrate Judge William C. Sherrill Jr. denied the plaintiff's motion for a hearing concerning the motion for preliminary injunction and petition for writ of habeas corpus at that time. On July 20, 2011, he issued a report and recommendation that the plaintiff's motion to certify and motion for a preliminary injunction be denied. This recommendation was adopted in a September 19 order by Judge Mickle, and the parties were permitted to file motions for summary judgment within 20 days of this order.

On October 11, 2011, Magistrate Judge Sherrill, Jr. granted a motion to substitute a party, replacing former Department of Corrections Secretary Edwin G. Buss with Secretary Kenneth S. Tucker.

On October 31, 2011, the substituted defendant filed a second motion for summary judgment, and the plaintiff filed his own motion for summary judgment. Magistrate Judge Sherrill recommended that the defendant's motion was granted as to liability for nominal damages for the ADA claim, but otherwise denied, and that the plaintiff's motion be completely denied. Before the parties filed objections to these recommendations, they filed a notice of settlement. The settlement allowed the plaintiff's attorneys to send electronic equipment for the plaintiff to use with his hearing aid to hear the television transmissions and radio signals. On March 8, 2012, the Judge Mickle dismissed the case.

On May 3, 2012, the parties filed a joint motion to reopen the case to modify the settlement agreement. Judge Mickle reopened the case on May 10, and adopted a modification of paragraph 4. The case was dismissed with prejudice.

On July 26, 2012, the plaintiff filed a motion for injunction and notice of inquiry but the Court denied the motion in an opinion the next day. The parties went to mediation of August 2, 2012, after which the defendant agreed to pay $237,500 in settlement of any and all claims for attorney's fees, expenses, and costs of litigation. This case is closed.

Summary Authors

Saeeda Joseph-Charles (12/20/2016)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4855555/parties/garcia-v-mcneil/


Judge(s)

Mickle, Stephan P. (Florida)

Sherrill, William C. Jr. (Florida)

Attorneys(s) for Plaintiff

Berg, Randall Challen (Florida)

Caserta, Sharon (Florida)

Glickman, Joshua Aaron (Florida)

Heller, Shawn Alex (Florida)

Attorneys(s) for Defendant

Hiers, Mark Jerry (Florida)

Maher, Susan Adams (Florida)

Sanford, Jonathan P. (Florida)

Toothman, Sherry Anita (Florida)

Judge(s)

Mickle, Stephan P. (Florida)

Sherrill, William C. Jr. (Florida)

Attorneys(s) for Plaintiff

Berg, Randall Challen (Florida)

Caserta, Sharon (Florida)

Glickman, Joshua Aaron (Florida)

Heller, Shawn Alex (Florida)

Attorneys(s) for Defendant

Hiers, Mark Jerry (Florida)

Maher, Susan Adams (Florida)

Sanford, Jonathan P. (Florida)

Toothman, Sherry Anita (Florida)

Expert/Monitor/Master

Maida, Michael G (Florida)

Documents in the Clearinghouse

Document

4:07-cv-00474

Docket Report

Feb. 20, 2013

Feb. 20, 2013

Docket
1

4:07-cv-00474

Complaint

Nov. 7, 2007

Nov. 7, 2007

Complaint
6

4:07-cv-00474

Amended Complaint

Dec. 3, 2007

Dec. 3, 2007

Complaint
40

4:07-cv-00474

Report and Recommendation [Regarding Defendants' Motion for Summary Judgment]

June 22, 2009

June 22, 2009

Magistrate Report/Recommendation
135

4:07-cv-00474

Report and Recommendation Re: Motion to File Amended Complaint

2010 WL 4823370

Aug. 12, 2010

Aug. 12, 2010

Magistrate Report/Recommendation
150

4:07-cv-00474

Order Adopting Report and Recommendation

Garcia v. McNeil

Nov. 22, 2010

Nov. 22, 2010

Order/Opinion
184

10-15856

Order [Dismissing Appeal for Lack of Jurisdiction]

Garcia v. Taylor

U. S. Court of Appeals for the Eleventh Circuit

Feb. 8, 2011

Feb. 8, 2011

Order/Opinion
244

4:07-cv-00474

Report and Recommendation [Regarding Motion for Preliminary Injunction]

2011 WL 3274009

July 20, 2011

July 20, 2011

Magistrate Report/Recommendation
303-1

4:07-cv-00474

Settlement Agreement and Release of All Claims

March 7, 2012

March 7, 2012

Settlement Agreement
303

4:07-cv-00474

Notice of Filing

March 7, 2012

March 7, 2012

Other

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4855555/garcia-v-mcneil/

Last updated Aug. 9, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against JAMES MCDONOUGH, MARTIE TAYLOR, TOMMY YOUNG, LONG N DO, filed by FELIX GARCIA. (No Service Copies) (Attachments: # 1 Exhibit) (pll) (Entered: 11/08/2007)

Nov. 7, 2007

Nov. 7, 2007

Clearinghouse
2

MOTION for Leave to Proceed in forma pauperis by FELIX GARCIA. (pll) (Entered: 11/08/2007)

Nov. 7, 2007

Nov. 7, 2007

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge WILLIAM C SHERRILL JR notified that action is needed Re: 1 Complaint, 2 MOTION for Leave to Proceed in forma pauperis. Motions referred to WILLIAM C SHERRILL, JR. (pll)

Nov. 8, 2007

Nov. 8, 2007

PACER
3

Notice to Pro Se (pll) (Entered: 11/08/2007)

Nov. 8, 2007

Nov. 8, 2007

PACER
4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis to the extent that he will not have to prepay the filing fee. Signed by Judge WILLIAM C SHERRILL JR on 11/14/07. ***Copy of order with letter sent to DOC. (pll) (Entered: 11/15/2007)

Nov. 14, 2007

Nov. 14, 2007

PACER
5

ORDER re 1 Complaint filed by FELIX GARCIA. Signed by Judge WILLIAM C SHERRILL JR on 11/14/07. Amended Pleadings due by 12/14/2007. (pll) ***Copy of 1983 form mailed with order. (Entered: 11/15/2007)

Nov. 14, 2007

Nov. 14, 2007

PACER
6

AMENDED COMPLAINT against JAMES MCDONOUGH, MARTIE TAYLOR, TOMMY YOUNG, LONG N DO, filed by FELIX GARCIA. (Attachments: # 1 Exhibit) (4 Service Copies) (pll) (Entered: 12/03/2007)

Dec. 3, 2007

Dec. 3, 2007

Clearinghouse
7

Letter from Felix Garcia (pll) (Entered: 12/03/2007)

Dec. 3, 2007

Dec. 3, 2007

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of Magistrate Judge MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 7 Letter, 6 Amended Complaint. (pll)

Dec. 3, 2007

Dec. 3, 2007

PACER
8

ORDER DIRECTING SERVICE by the USM re 6 Amended Complaint filed by FELIX GARCIA. ( Notify Chambers no later than 2/5/2008.) Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 12/5/07. ***Order, service copies and summons sent to USM. Consent Form mailed to Plaintiff. (pll) (Entered: 12/05/2007)

Dec. 5, 2007

Dec. 5, 2007

PACER
9

SUMMONS Returned Executed by FELIX GARCIA. TOMMY YOUNG served on 12/12/2007, answer due 2/10/2008. (pll) (Entered: 12/20/2007)

Dec. 17, 2007

Dec. 17, 2007

PACER
10

SUMMONS Returned Executed by FELIX GARCIA. N LONG served on 12/12/2007, answer due 2/10/2008. (pll) (Entered: 12/20/2007)

Dec. 17, 2007

Dec. 17, 2007

PACER
11

SUMMONS Returned Executed by FELIX GARCIA. MARTIE TAYLOR served on 12/11/2007, answer due 2/9/2008. (pll) (Entered: 12/20/2007)

Dec. 18, 2007

Dec. 18, 2007

PACER
12

SUMMONS Returned Executed by FELIX GARCIA. Summons Returned Executed as to JAMES MCDONOUGH on 12/12/07. Answer due 2/10/08. (pll) (Entered: 12/20/2007)

Dec. 18, 2007

Dec. 18, 2007

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 9 Summons Returned Executed, 10 Summons Returned Executed, 11 Summons Returned Executed, 12 Summons Returned Executed. (pll)

Dec. 20, 2007

Dec. 20, 2007

PACER
14

Partial Filing fee: $ 2.00, receipt number 4-3604. Balance remaining $348.00. (krb) (Entered: 01/02/2008)

Dec. 21, 2007

Dec. 21, 2007

PACER
13

NOTICE of Appearance by SHERRY ANITA TOOTHMAN on behalf of JAMES MCDONOUGH, MARTIE TAYLOR, TOMMY YOUNG, N LONG (TOOTHMAN, SHERRY) (Entered: 12/28/2007)

Dec. 28, 2007

Dec. 28, 2007

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 8 Order. No answer filed. (pll)

Feb. 11, 2008

Feb. 11, 2008

PACER
15

First MOTION to Extend Time to File Special Reports by JAMES MCDONOUGH, MARTIE TAYLOR, TOMMY YOUNG, N LONG. (TOOTHMAN, SHERRY) (Entered: 02/11/2008)

Feb. 11, 2008

Feb. 11, 2008

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 15 First MOTION to Extend Time to File Special Reports. Motions referred to WILLIAM C SHERRILL, JR. (pll)

Feb. 12, 2008

Feb. 12, 2008

PACER
16

ORDER granting 15 Motion to Extend Time. Set/Reset Deadlines: JAMES MCDONOUGH answer due 3/13/2008; MARTIE TAYLOR answer due 3/13/2008; TOMMY YOUNG answer due 3/13/2008; N LONG answer due 3/13/2008. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 2/12/08. (pll) (Entered: 02/12/2008)

Feb. 12, 2008

Feb. 12, 2008

PACER

Set/Reset Deadlines: JAMES MCDONOUGH answer due 3/13/2008; MARTIE TAYLOR answer due 3/13/2008; TOMMY YOUNG answer due 3/13/2008; N LONG answer due 3/13/2008. (pll)

Feb. 12, 2008

Feb. 12, 2008

PACER
17

MOTION to Appoint Counsel by FELIX GARCIA. (pll) (Entered: 02/21/2008)

Feb. 19, 2008

Feb. 19, 2008

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 17 MOTION to Appoint Counsel. Motions referred to WILLIAM C SHERRILL, JR. (pll)

Feb. 21, 2008

Feb. 21, 2008

PACER
18

ORDER denying without prejudice 17 Motion to Appoint Counsel. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 2/21/08. (pll) (Entered: 02/21/2008)

Feb. 21, 2008

Feb. 21, 2008

PACER
19

Second MOTION for Extension of Time to File Answer re 6 Amended Complaint, MOTION to Extend Time by JAMES MCDONOUGH, MARTIE TAYLOR, TOMMY YOUNG, N LONG. (TOOTHMAN, SHERRY) (Entered: 03/13/2008)

March 13, 2008

March 13, 2008

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 19 Second MOTION for Extension of Time to File Answer re 6 Amended Complaint MOTION to Extend Time. Motions referred to WILLIAM C SHERRILL, JR. (pll)

March 14, 2008

March 14, 2008

PACER
20

ORDER granting 19 Motion for Extension of Time to Answer re 6 Amended Complaint. JAMES MCDONOUGH answer due 4/15/2008; MARTIE TAYLOR answer due 4/15/2008; TOMMY YOUNG answer due 4/15/2008; N LONG answer due 4/15/2008. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 3/17/08. (pll) (Entered: 03/17/2008)

March 17, 2008

March 17, 2008

PACER
21

NOTICE of Clarification by FELIX GARCIA (pll) (Entered: 03/25/2008)

March 21, 2008

March 21, 2008

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 21 Notice (Other). (pll)

March 25, 2008

March 25, 2008

PACER
22

Third MOTION to Extend Time to answer complaint by JAMES MCDONOUGH, MARTIE TAYLOR, TOMMY YOUNG, N LONG. (TOOTHMAN, SHERRY) (Entered: 04/15/2008)

April 15, 2008

April 15, 2008

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 22 Third MOTION to Extend Time to answer complaint. Motions referred to WILLIAM C SHERRILL, JR. (pll)

April 16, 2008

April 16, 2008

PACER
23

ORDER OF COURT - Granting 22 Defendant's Motion to Extend Time-The time for filing a response to the complaint is extended to 5/2/2008. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 04/16/08. (dlt) (Entered: 04/17/2008)

April 16, 2008

April 16, 2008

PACER

Set Deadlines Per Order 23 (Internal deadline for referral to judge if Defendant's response to complaint not filed earlier: 5/2/2008). (dlt)

April 16, 2008

April 16, 2008

PACER
24

ORDER, The Clerk of the Court shall substitute Walter A. McNeil in place of James McDonough. ( Notify Chambers on 5/2/2008.). Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 4/24/08. (pll) (Entered: 04/24/2008)

April 24, 2008

April 24, 2008

PACER
25

MOTION to Intervene by FELIX GARCIA. (pll) (Entered: 05/01/2008)

April 30, 2008

April 30, 2008

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 25 MOTION to Intervene. Motions referred to WILLIAM C SHERRILL, JR. (pll)

May 1, 2008

May 1, 2008

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 24 Order - per order. (pll)

May 2, 2008

May 2, 2008

PACER
26

ANSWER to 6 Amended Complaint by WALTER A MCNEIL, MARTIE TAYLOR, TOMMY YOUNG, N LONG. (TOOTHMAN, SHERRY) (Entered: 05/02/2008)

May 2, 2008

May 2, 2008

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 26 Answer to Amended Complaint. (pll)

May 5, 2008

May 5, 2008

PACER
27

Amended ANSWER to Complaint Plaintiff's Amended Complaint (Doc. 7) by WALTER A MCNEIL, MARTIE TAYLOR, TOMMY YOUNG, N LONG. (TOOTHMAN, SHERRY) (Entered: 05/05/2008)

May 5, 2008

May 5, 2008

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 27 Answer to Complaint. (pll)

May 6, 2008

May 6, 2008

PACER
28

RESPONSE in Opposition re 25 MOTION to Intervene filed by WALTER A MCNEIL, MARTIE TAYLOR, TOMMY YOUNG, N LONG. (TOOTHMAN, SHERRY) (Entered: 05/09/2008)

May 9, 2008

May 9, 2008

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 28 Response in Opposition to Motion. (pll)

May 12, 2008

May 12, 2008

PACER
29

ORDER denying 25 Motion to Intervene. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 5/13/08. (pll) (Entered: 05/13/2008)

May 13, 2008

May 13, 2008

PACER
30

CASE MANAGEMENT AND SCHEDULING ORDER. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 5/13/08. Discovery due by 8/11/2008. Dispositive Motions to be filed by 8/31/2008. (pll) (Entered: 05/13/2008)

May 13, 2008

May 13, 2008

PACER
31

MOTION to Appoint Counsel by FELIX GARCIA. (dlt) (Entered: 05/22/2008)

May 21, 2008

May 21, 2008

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 31 MOTION to Appoint Counsel. Motions referred to WILLIAM C SHERRILL, JR. (dlt)

May 22, 2008

May 22, 2008

PACER
32

ORDER denying without prejudice 31 Motion to Appoint Counsel. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 5/28/08. (pll) (Entered: 05/29/2008)

May 28, 2008

May 28, 2008

PACER
33

MOTION to Extend Time to File Motion for Summary Judgment by WALTER A MCNEIL, MARTIE TAYLOR, TOMMY YOUNG, N LONG. (TOOTHMAN, SHERRY) (Entered: 09/02/2008)

Sept. 2, 2008

Sept. 2, 2008

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 33 MOTION to Extend Time to File Motion for Summary Judgment. Motions referred to WILLIAM C SHERRILL, JR. (pll)

Sept. 3, 2008

Sept. 3, 2008

PACER
34

First MOTION for Summary Judgment by WALTER A MCNEIL, MARTIE TAYLOR, TOMMY YOUNG, N LONG. (Internal deadline for referral to judge if response not filed earlier: 9/29/2008). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Errata H, # 9 Exhibit I, # 10 Exhibit J, # 11 Errata K, # 12 Exhibit L) (TOOTHMAN, SHERRY) (Entered: 09/09/2008)

Sept. 9, 2008

Sept. 9, 2008

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 34 Defendant's First MOTION for Summary Judgment. Motions referred to WILLIAM C SHERRILL, JR. (krb)

Sept. 10, 2008

Sept. 10, 2008

PACER
35

ORDER finding as MOOT, doc 33, Motion to Extend Time. (Reply by petitioner due by 10/10/2008.) Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 09/10/2008. (krb) (Entered: 09/11/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER

Set Deadlines per Order 35 . (Reply by petitioner due by 10/10/2008.) (krb)

Sept. 10, 2008

Sept. 10, 2008

PACER
36

RESPONSE in Opposition re 34 First MOTION for Summary Judgment filed by FELIX GARCIA. (Attachments: # 1 Appendix) (pll) (Additional attachment(s) added on 6/16/2009: # 2 Main Document, # 3 Exhibit) (pll). (Entered: 10/06/2008)

Oct. 3, 2008

Oct. 3, 2008

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 36 Response in Opposition to Motion. (pll)

Oct. 6, 2008

Oct. 6, 2008

PACER
37

MOTION for Status by FELIX GARCIA. (amm) (Entered: 05/05/2009)

May 4, 2009

May 4, 2009

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: Plaintiff's 37 MOTION for Status. *Original pleading forwarded to chambers. Motions referred to WILLIAM C SHERRILL, JR. (amm)

May 5, 2009

May 5, 2009

PACER
38

ORDER: 37 MOTION for case status is granted. 34 MOTION for Summary Judgment will be taken under advisement on 6/10/09. Notify Chambers on 6/10/2009. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 5/8/09. (amm) (Entered: 05/08/2009)

May 8, 2009

May 8, 2009

PACER
39

Supplement to 36 Plaintiff's Response in Opposition to Motion by FELIX GARCIA (Attachments: # 1 Exhibit) (dlt) (Entered: 06/02/2009)

June 1, 2009

June 1, 2009

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 39 Plaintiff Supplement to 36 Plaintiff's Response in Opposition to Motion. (dlt)*Pleading placed in WCS box for review*

June 3, 2009

June 3, 2009

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 38 Order - Summary Judgment under Advisement. (pll)

June 10, 2009

June 10, 2009

PACER
40

REPORT AND RECOMMENDATION, It is RECOMMENDED that Defendants' motion for summary judgment, doc. 34, be DENIED in part and GRANTED in part. The motion should be granted as to any claim concerning speech therapy, and claims against Defendants in their individual capacities. Otherwise the motion should be DENIED, and this case remanded for further proceedings. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 6/22/09. Internal deadline for referral to district judge if objections are not filed earlier: 7/20/2009. (pll) (Entered: 06/22/2009)

June 22, 2009

June 22, 2009

Clearinghouse
41

NOTICE of Appearance by MARK JERRY HIERS on behalf of WALTER A MCNEIL, MARTIE TAYLOR, TOMMY YOUNG, LONG N DO (HIERS, MARK) (Entered: 07/07/2009)

July 7, 2009

July 7, 2009

PACER
42

MOTION to Extend Time to respond to the Report and Recommendation (doc. 40) by WALTER A MCNEIL, MARTIE TAYLOR, TOMMY YOUNG, LONG N DO. (HIERS, MARK) (Entered: 07/07/2009)

July 7, 2009

July 7, 2009

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE STEPHAN P MICKLE notified that action is needed Re: 42 MOTION to Extend Time to respond to the 40 Report and Recommendation. (kdm)

July 7, 2009

July 7, 2009

PACER
43

ORDER EXTENDING TIME; GRANTING 42 MOTION to Extend Time to respond to the 40 Report and Recommendation. ( Internal deadline for referral to district judge if objections are not filed earlier: 7/28/2009). Signed by CHIEF JUDGE STEPHAN P MICKLE on 7/08/2009. (kdm) (Entered: 07/08/2009)

July 8, 2009

July 8, 2009

PACER
44

OBJECTION to 40 Report and Recommendations by WALTER A MCNEIL, MARTIE TAYLOR, TOMMY YOUNG, LONG N DO. (HIERS, MARK) (Entered: 07/28/2009)

July 28, 2009

July 28, 2009

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE STEPHAN P MICKLE notified that action is needed Re: 44 Objection to Report and Recommendations, re 40 REPORT AND RECOMMENDATION re 34 First MOTION for Summary Judgment filed by LONG N DO, TOMMY YOUNG, MARTIE TAYLOR, WALTER A MCNEIL. (kdm)

July 29, 2009

July 29, 2009

PACER
45

OBJECTION to 40 Report and Recommendations Amended by WALTER A MCNEIL, MARTIE TAYLOR, TOMMY YOUNG, LONG N DO. (HIERS, MARK) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE STEPHAN P MICKLE notified that action is needed Re: 45 Objection to Report and Recommendations (pll)

July 30, 2009

July 30, 2009

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47

ORDER ADOPTING REPORT AND RECOMMENDATION re 34 Motion for Summary Judgment filed by LONG N DO, TOMMY YOUNG, MARTIE TAYLOR, WALTER A MCNEIL. Defendants' Motion is granted as to any claim concerning speech therapy, and claims against Defendants in their individual capacities. The motion is otherwise denied. Signed by CHIEF JUDGE STEPHAN P MICKLE on 8/11/09. (bkp) Modified on 9/14/2009 (bkp). Text edited to remove extraneous language. Modified on 11/5/2009 to clarify order text (tea). (Entered: 08/12/2009)

Aug. 11, 2009

Aug. 11, 2009

RECAP
46

RESPONSE by FELIX GARCIA re 45 Defendants' Objection to Report and Recommendations by FELIX GARCIA. (pll) (Entered: 08/12/2009)

Aug. 12, 2009

Aug. 12, 2009

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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE STEPHAN P MICKLE notified that action is needed Re: 46 Response. (pll)

Aug. 12, 2009

Aug. 12, 2009

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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 47 Order Adopting Report and Recommendation and remanding case for further proceedings (bkp)

Aug. 12, 2009

Aug. 12, 2009

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48

ORDER re 31 MOTION to Appoint Counsel filed by FELIX GARCIA. ( Notify Chambers on 10/16/2009.). Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 9/15/09. (pll) (Entered: 09/15/2009)

Sept. 15, 2009

Sept. 15, 2009

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49

NOTICE of Appearance by RANDALL CHALLEN BERG on behalf of all plaintiffs (BERG, RANDALL) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

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50

First MOTION for Discovery To Be Reopened and request to issue a Revised Case Management and Scheduling Order by FELIX GARCIA. (BERG, RANDALL) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 50 First MOTION for Discovery To Be Reopened and request to issue a Revised Case Management and Scheduling Order, 49 Notice of Appearance. (pll)

Oct. 5, 2009

Oct. 5, 2009

PACER

MOTIONS REFERRED 50 First MOTION for Discovery To Be Reopened and request to issue a Revised Case Management and Scheduling Order. Motions referred to WILLIAM C SHERRILL, JR. (pll)

Oct. 6, 2009

Oct. 6, 2009

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51

SUPPLEMENTAL CASE MANAGEMENT AND SCHEDULING ORDER. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 10/7/09. Discovery due by 3/31/2010. (pll) (Entered: 10/07/2009)

Oct. 7, 2009

Oct. 7, 2009

PACER
52

ORDER granting 50 First MOTION for Discovery To Be Reopened and request to issue a Revised Case Management and Scheduling Order. ( Miscellaneous Deadline for Plaintiff's counsel to file notice with the court - by 10/27/2009.). Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 10/7/09. (pll) (Entered: 10/07/2009)

Oct. 7, 2009

Oct. 7, 2009

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53

NOTICE of Meeting with Client and to Confirm Representation by FELIX GARCIA re 52 Order, Set Deadlines/Hearings,, (BERG, RANDALL) (Entered: 10/14/2009)

Oct. 14, 2009

Oct. 14, 2009

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54

ATTORNEY TIME RECORDS by FELIX GARCIA. (BERG, RANDALL) (Entered: 10/14/2009)

Oct. 14, 2009

Oct. 14, 2009

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55

ATTORNEY TIME RECORDS - SEALED PORTION by FELIX GARCIA. (Attachments: # 1 Exhibit hours for Randall Berg, # 2 Exhibit Hours for Shawn Heller) (BERG, RANDALL) (Entered: 10/14/2009)

Oct. 14, 2009

Oct. 14, 2009

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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: 53 Notice (Other). (pll)

Oct. 15, 2009

Oct. 15, 2009

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56

ATTORNEY TIME RECORDS by FELIX GARCIA. (BERG, RANDALL) (Entered: 11/06/2009)

Nov. 6, 2009

Nov. 6, 2009

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57

ATTORNEY TIME RECORDS - SEALED PORTION by FELIX GARCIA. (Attachments: # 1 Exhibit atty time records for RBerg 10/09, # 2 Exhibit Atty records for Joshua Glickman - 10/09, # 3 Exhibit attorney time for Shawn Heller - 10/09, # 4 Exhibit Paralegal time for Patrick Maier - 10-09, # 5 Exhibit legal intern Adrian Bispham - 10/09) (BERG, RANDALL) (Entered: 11/06/2009)

Nov. 6, 2009

Nov. 6, 2009

PACER
58

NOTICE of Appearance by SHARON CASERTA on behalf of FELIX GARCIA (CASERTA, SHARON) (Entered: 11/17/2009)

Nov. 17, 2009

Nov. 17, 2009

PACER
59

First MOTION for Leave to File Late Attorney Fee records by FELIX GARCIA. (CASERTA, SHARON) (Entered: 12/08/2009)

Dec. 8, 2009

Dec. 8, 2009

PACER
60

ATTORNEY TIME RECORDS by FELIX GARCIA. (CASERTA, SHARON) (Entered: 12/08/2009)

Dec. 8, 2009

Dec. 8, 2009

PACER
61

ATTORNEY TIME RECORDS - SEALED PORTION by FELIX GARCIA. (CASERTA, SHARON) (Entered: 12/08/2009)

Dec. 8, 2009

Dec. 8, 2009

PACER
62

ORDER granting 59 Motion for Leave to File. Signed by MAGISTRATE JUDGE WILLIAM C SHERRILL, JR on 12/10/09. (pll) (Entered: 12/10/2009)

Dec. 10, 2009

Dec. 10, 2009

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63

ATTORNEY TIME RECORDS by FELIX GARCIA. (CASERTA, SHARON) (Entered: 12/14/2009)

Dec. 14, 2009

Dec. 14, 2009

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64

ATTORNEY TIME RECORDS - SEALED PORTION by FELIX GARCIA. (CASERTA, SHARON) (Entered: 12/14/2009)

Dec. 14, 2009

Dec. 14, 2009

PACER
65

ATTORNEY TIME RECORDS by FELIX GARCIA. (BERG, RANDALL) (Entered: 12/14/2009)

Dec. 14, 2009

Dec. 14, 2009

PACER
66

ATTORNEY TIME RECORDS - SEALED PORTION by FELIX GARCIA. (Attachments: # 1 Attorney Time Records - Shawn Heller for 11-09, # 2 Attorney Time Records - Randall Berg for 11-09, # 3 Attorney Time Record - Joshua Glickman 11-09, # 4 Non-Attorney Time Records - L Adrian Bispham for 11-09) (BERG, RANDALL) (Entered: 12/15/2009)

Dec. 15, 2009

Dec. 15, 2009

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67

ATTORNEY TIME RECORDS by FELIX GARCIA. (BERG, RANDALL) (Entered: 01/11/2010)

Jan. 11, 2010

Jan. 11, 2010

PACER
68

ATTORNEY TIME RECORDS - SEALED PORTION by FELIX GARCIA. (Attachments: # 1 Attorney Time Records - Shawn Heller for 12-09, # 2 Attorney Time Record - Joshua Glickman 12-09, # 3 Attorney Time Records - Randall Berg for 12-09) (BERG, RANDALL) (Entered: 01/11/2010)

Jan. 11, 2010

Jan. 11, 2010

PACER

Case Details

State / Territory: Florida

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 7, 2007

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A hearing-impaired inmate at Polk Correctional Institution in Polk City, Florida.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Polk Correctional Institution, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

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

State law

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief denied

Issues

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Type of Facility:

Government-run