Case: Disability Rights Florida v. Jones

4:16-cv-00047 | U.S. District Court for the Northern District of Florida

Filed Date: Jan. 26, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

Disability Rights Florida ("DRF"), brought this suit against the Florida Department of Corrections ("FDOC") in the U.S. District Court for the Northern District of Florida on January 26, 2016. The plaintiff, a federally designated protection and advocacy agency for the State of Florida, alleged that the defendant failed to provide inmates with disabilities access to its programs and services in violation of federal law. Specifically, plaintiff alleged that defendant failed to provide interprete…

Disability Rights Florida ("DRF"), brought this suit against the Florida Department of Corrections ("FDOC") in the U.S. District Court for the Northern District of Florida on January 26, 2016. The plaintiff, a federally designated protection and advocacy agency for the State of Florida, alleged that the defendant failed to provide inmates with disabilities access to its programs and services in violation of federal law. Specifically, plaintiff alleged that defendant failed to provide interpreters, hearing aids, telecommunications access, and effective emergency alerts to inmates who were deaf or hard of hearing; failed to maintain wheelchair-accessible facilities or provide and maintain wheelchairs and prosthetic devices for inmates with mobility impairments; excluded inmates with disabilities from education, employment, and recreational programs; charged inmates for accommodations relating to their disabilities; retaliated against those who asserted their rights as persons with disabilities; and failed to train staff on issues related to disability rights and federal disability law. The plaintiff sought declaratory and injunctive relief under the Americans with Disabilities Act ("ADA"), Section 504 of the Rehabilitation Act, the Eighth Amendment, and the Due Process Clause of the Fourteenth Amendment.

On April 25, 2016, the state filed a motion for partial dismissal. Florida argued that several of the inmates named in the Complaint were no longer in FDOC custody or had already settled their claims. The defendant also argued that several of the allegations were barred by a four-year statute of limitations.

The parties engaged in conferences over the next several months.

On January 9, 2017, the United States moved to intervene in the case, claiming a substantial interest because of the ADA and Section 504 issues at stake. On January 30, the plaintiff moved for summary judgment.

On February 6, 2017, the parties jointly moved for a stay of proceedings so that they could actively pursue settlement. On July 7, 2017, the parties notified the court that they had reached a settlement. The settlement required the FDOC to implement changes that would make Florida prison services, programming, and other aspects of daily activities, including emergency notifications, accessible to inmates with physical disabilities. The settlement also required FDOC to provide appropriate training for staff members on disability laws as well as establish internal policies regarding inmates with disabilities. The settlement required that DRF be able to conduct visits and speak confidentially with inmates to ensure compliance with the agreement. The settlement also required the FDOC to pay $2,000,000 in attorneys' fees and costs.

On July 11, Judge Robert L. Hinkle issued an order requiring the parties to comply with the Settlement Agreement, dismissing the claims, and retaining jurisdiction solely for the purpose of enforcing the Agreement. On July 13, the parties filed a motion asking the court to alter the July 11 order to reflect their wish that the Agreement be enforceable only through a breach of contract action in state court, not through an order of the U.S. District Court. Accordingly, on August 7, Judge Hinkle issued a new order recognizing as effective the parties' joint stipulation to dismiss the case with prejudice and end the court's jurisdiction.

However, in the fall of 2017, a number of inmates of FDOC, acting pro se, submitted filings to the court stating that they had been denied access to the settlement agreement or had been retaliated against for submitting grievances to the prison administration for issues relating to their disabilities. One inmate filed a motion for a preliminary injunction. On December 6, 2017, Judge Hinkle denied the motion, reasserting that the case was closed and suggesting that the individual file a separate lawsuit if he intended to pursue legal action. The same individual, again acting pro se, filed an appeal on December 4, 2017, with the U.S. Court of Appeals for the Eleventh Circuit, challenging the court's order closing the case. On December 18, he also appealed the order denying his motion for a preliminary injunction. On February 5, 2018, the court of appeals dismissed the appeal for want of prosecution.

On July 15, 2019, a prisoner who was not a party to the law suit and had not been included in the class submitted a letter requesting relief based on inadequate medical care. The court entered this letter in the record as a motion for injunctive relief, and issued an order denying this motion on August 6, 2019.

The settlement is set to expire on July 6, 2021 so long as the defendants remain in compliance with the agreement. As of the latest update in March, 2020, the case remains ongoing.

Summary Authors

Lauren Latterell Powell (1/8/2018)

Cianan Lesley (3/17/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4501317/parties/disability-rights-florida-inc-v-jones/


Judge(s)

Hinkle, Robert Lewis (Florida)

Stampelos, Charles A (Florida)

Attorneys(s) for Plaintiff

Berg, Randall Challen Jr. (Florida)

Boyer, David Allen (Florida)

Caserta, Sharon (Florida)

Paris, Molly Jean (Florida)

Selig, Erica (Florida)

Trevisani, Dante Pasquale (Florida)

Attorneys(s) for Defendant

Bowden, Albert III (Florida)

Braun, Jamie Melissa (Florida)

Judge(s)

Hinkle, Robert Lewis (Florida)

Stampelos, Charles A (Florida)

Attorneys(s) for Plaintiff

Berg, Randall Challen Jr. (Florida)

Boyer, David Allen (Florida)

Caserta, Sharon (Florida)

Paris, Molly Jean (Florida)

Selig, Erica (Florida)

Trevisani, Dante Pasquale (Florida)

Attorneys(s) for Defendant

Bowden, Albert III (Florida)

Braun, Jamie Melissa (Florida)

Tietig, Lisa Kuhlman (Florida)

Other Attorney(s)

Oppenheimer, Elisabeth (District of Columbia)

Riley, Ann J. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 28, 2017 Docket
1

Complaint for Declaratory and Injunctive Relief

Jan. 26, 2016 Complaint
62

Plaintiff's Motion for Summary Judgment

Jan. 30, 2017 Pleading / Motion / Brief
71

Settlement Agreement [With Exhibits]

July 7, 2017 Settlement Agreement
53

Plaintiff-Intervenor United States' Complaint in Intervention

None Complaint
62-7

Exhibit 7- Dr. Dennis Cokely Report

None Monitor/Expert/Receiver Report
62-31

Exhibit 51 - Dr. Fredric Schroeder Report

None Monitor/Expert/Receiver Report

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4501317/disability-rights-florida-inc-v-jones/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT for Declaratory and Injunctive Relief against JULIE L JONES ( Filing fee $ 400 receipt number AFLNDC−3477979.), filed by DISABILITY RIGHTS FLORIDA INC. (Attachments: # 1 Exhibit Summons Serving Julie Jones, Secretary of the Florida Department of Corrections) (BERG, RANDALL) (Entered: 01/26/2016)

Jan. 26, 2016
2

CIVIL COVER SHEET. (BERG, RANDALL) (Entered: 01/26/2016)

Jan. 26, 2016
3

Summons Issued as to JULIE L JONES. (tdl) (Entered: 01/26/2016)

Jan. 26, 2016

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed Re: 2 Civil Cover Sheet, 1 Complaint, (tdl) (Entered: 01/26/2016)

Jan. 26, 2016
4

SUMMONS Returned Executed by DISABILITY RIGHTS FLORIDA INC. JULIE L JONES served on 2/1/2016, answer due 2/22/2016. (BERG, RANDALL) (Entered: 02/03/2016)

Feb. 3, 2016

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed Re: 4 Summons Returned Executed (tdl) (Entered: 02/04/2016)

Feb. 4, 2016
5

NOTICE of Appearance by LISA KUHLMAN TIETIG on behalf of JULIE L JONES (TIETIG, LISA) (Entered: 02/12/2016)

Feb. 12, 2016

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed Re: 5 Notice of Appearance (tdl) (Entered: 02/16/2016)

Feb. 16, 2016
6

Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by JULIE L JONES. (TIETIG, LISA) (Entered: 02/17/2016)

Feb. 17, 2016

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed Re: 6 Consent MOTION for Extension of Time to File Response (tdl) (Entered: 02/18/2016)

Feb. 18, 2016
7

ORDER OF DISQUALIFICATION. SENIOR JUDGE WILLIAM STAFFORD recused. Case reassigned to JUDGE ROBERT L HINKLE for all further proceedings. Signed by SENIOR JUDGE WILLIAM STAFFORD on 2/18/2016. (tdl) (Entered: 02/18/2016)

Feb. 18, 2016
8

INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 3/9/2016 . Rule 26 Meeting Report due by 4/8/2016 . Discovery due by 8/17/2016 . Signed by JUDGE ROBERT L HINKLE on 2/24/2016. (tdl) (Entered: 02/24/2016)

Feb. 24, 2016
9

Corporate Disclosure Statement/Certificate of Interested Persons by DISABILITY RIGHTS FLORIDA INC. (TREVISANI, DANTE) (Entered: 02/24/2016)

Feb. 24, 2016
10

REPORT of Rule 26(f) Planning Meeting. (BERG, RANDALL) (Entered: 03/17/2016)

March 17, 2016
11

Joint MOTION for Entry of Scheduling Order by DISABILITY RIGHTS FLORIDA INC. (TREVISANI, DANTE) (Entered: 04/19/2016)

April 19, 2016
12

Second MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by JULIE L JONES. (TIETIG, LISA) (Entered: 04/22/2016)

April 22, 2016
13

MOTION to Dismiss Partial and Motion for More Definite Statement by JULIE L JONES. (Internal deadline for referral to judge if response not filed earlier: 5/9/2016) . Face Sheet for Michael Boggs, # 3 Exhibit Ex. C Face Sheet for Thomas Jameson, # 4 Exhibit Ex. D Face Sheet for Kevin Osborn, # 5 Exhibit Ex. E Face Sheet for Valerie Boyette, # 6 Exhibit Ex. F Face Sheet for Thomas Pekari, # 7 Exhibit Ex. G Settlement and Release for Richard Jackson, # 8 Exhibit Ex. H Complaint for Richard Jackson, # 9 Exhibit Ex. I Settlement and Release for Christopher Villanueva, # 10 Exhibit Ex. J Complaint for Christopher Villanueva) (TIETIG, LISA) (Entered: 04/25/2016)

April 25, 2016
14

NOTICE Corrected Certificate of Service by JULIE L JONES re 13 MOTION to Dismiss Partial and Motion for More Definite Statement (TIETIG, LISA) (Entered: 04/26/2016)

April 26, 2016
15

SCHEDULING AND MEDIATION ORDER re: 10 Report: (Discovery due by 7/14/2017 ., Dispositive Motions to be filed by 9/12/2017 ., Jury Trial set for 3/5/2018 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE., Mediation Report due by 8/11/2017 .), Case referred to mediation. Signed by JUDGE ROBERT L HINKLE on 4/29/2016. (tdl) (Entered: 04/29/2016)

April 29, 2016
16

ORDER EXTENDING DEADLINES − The defendant's unopposed motions, ECF Nos 6 and 12 , to extend the deadline to respond to the complaint is GRANTED. The motion to enter a scheduling order, ECF No. 11 , is granted. Signed by JUDGE ROBERT L HINKLE on 4/29/2017. (tdl) (Entered: 04/29/2016)

April 29, 2016
17

MOTION For a Rule 16(a) Pretrial Conference by JULIE L JONES. (Attachments: # 1 Exhibit Exhibit A Plaintiff's Interrogatories to Defendant, # 2 Exhibit Exhibit B Plaintiff's First Request to Produce to Defendant) (TIETIG, LISA) (Entered: 04/29/2016)

April 29, 2016
18

ORDER FOR A PRETRIAL CONFERENCE − The clerk must set a pretrial conference by telephone for the first available date on or after May 19, 2016. Signed by JUDGE ROBERT L HINKLE on 5/2/2016. (tdl) (Entered: 05/02/2016)

May 2, 2016
19

MOTION to Extend Time to Respond to Plaintiff's Discovery Requests by JULIE L JONES. (Attachments: # 1 Exhibit Ex. A Interrogatories, # 2 Exhibit Ex. B Request to Produce) (TIETIG, LISA) (Entered: 05/05/2016)

May 5, 2016
20

RESPONSE in Opposition re 19 MOTION to Extend Time to Respond to Plaintiff's Discovery Requests filed by DISABILITY RIGHTS FLORIDA INC. (TREVISANI, DANTE) (Entered: 05/05/2016)

May 5, 2016
21

ORDER ON THE MOTION TO EXTEND THE DEADLINE FOR DISCOVERY RESPONSES re 19 Motion. The defendant's motion to extend the deadline for responding to the plaintiff's first sets of interrogatories and production requests is granted in part. Signed by JUDGE ROBERT L HINKLE on 5/8/2016. (tdl) (Entered: 05/09/2016)

May 8, 2016
22

RESPONSE in Opposition re 13 MOTION to Dismiss Partial and Motion for More Definite Statement filed by DISABILITY RIGHTS FLORIDA INC. (Attachments: # 1 Exhibit DOJ Complaint) (TREVISANI, DANTE) (Entered: 05/09/2016)

May 9, 2016
23

NOTICE OF TELEPHONIC HEARING: Telephonic Pretrial Conference set for 6/1/2016 10:00 AM before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. Parties are instructed to call (850) 521−3601 at the time of hearing. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 05/25/2016)

May 25, 2016
24

ORDER DENYING THE 13 MOTION TO DISMISS OR FOR A MORE DEFINITE STATEMENT. Signed by JUDGE ROBERT L HINKLE on 5/26/16. (pll) (Entered:

May 26, 2016
26

NOTICE of Appearance by ALBERT BOWDEN on behalf of JULIE L JONES (BOWDEN, ALBERT) (Entered: 05/31/2016)

May 31, 2016
27

NOTICE of Appearance by ERICA SELIG on behalf of All Plaintiffs (SELIG, ERICA) (Entered: 06/01/2016)

June 1, 2016
28

Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Pretrial Conference held on 6/1/2016. Parties discuss the case and the management of it. Ruling by Court regarding depositions and a status conference will be set every two months in this case. An order is forthcoming. (Court Reporter Judy Gagnon) (erl) (Entered: 06/02/2016)

June 1, 2016
29

CASE MANAGEMENT ORDER − The clerk must schedule case management conferences by telephone every other month through September 2017. Signed by JUDGE ROBERT L HINKLE on 6/8/2016. (tdl) (Entered: 06/08/2016)

June 8, 2016
30

MOTION for Extension of Time to File Answer re 1 Complaint, and Affirmative Defenses by JULIE L JONES. (TIETIG, LISA) (Entered: 06/14/2016)

June 14, 2016
31

ORDER EXTENDING THE DEADLINE TO RESPOND TO THE COMPLAINT − The defendant's unopposed motion, ECF No. 30 , to extend the deadline to respond to the complaint is GRANTED. (Answer due by 6/24/2016 .) Signed by JUDGE ROBERT L HINKLE on 6/15/2016. (tdl) (Entered: 06/16/2016)

June 15, 2016
32

Joint MOTION for Protective Order (HIPAA Qualified Protective Order and Stipulated Confidentiality Order) by DISABILITY RIGHTS FLORIDA INC. (Attachments: # 1 Exhibit 1 − Proposed HIPAA Qualified Protective Order, # 2 Exhibit 2 − Proposed Stipulated Confidentiality Order) (TREVISANI, DANTE) (Entered: 06/20/2016)

June 20, 2016
33

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Status Conference held on 06/01/16, before Judge ROBERT L. HINKLE. Court Reporter/Transcriber Judy A. Gagnon, Telephone number 850−561−6822. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/28/2016 . Release of Transcript Restriction set for 9/26/2016 . (jg) (Entered: 06/21/2016)

June 21, 2016
34

AGREED HIPAA QUALIFIED PROTECTIVE ORDER re 32 JOINT MOTION. Signed by JUDGE ROBERT L HINKLE on 6/21/2016. (tdl) (Entered: 06/21/2016)

June 21, 2016
35

STIPULATED CONFIDENTIALITY ORDER re 32 Joint MOTION. This Order governs the handling, exchange, disclosure, maintenance, storage, use, and discussion of documents that a party may wish to keep Confidential. Signed by JUDGE ROBERT L HINKLE on 6/22/2016. (tdl) (Entered: 06/22/2016)

June 22, 2016
36

NOTICE OF TELEPHONIC HEARING: Telephonic Case Management Conference set for 8/25/2016 11:00 AM EDT before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. Parties are instructed to call (850) 521−3601 at the time of hearing. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 06/22/2016)

June 22, 2016
37

ANSWER to 1 Complaint, and Affirmative Defenses and Defenses by JULIE L JONES. (TIETIG, LISA) (Entered: 06/24/2016)

June 24, 2016
38

NOTICE OF TELEPHONIC HEARING: Telephonic Case Management Conference set for 8/12/2016 09:00 AM EDT before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. Parties are instructed to call (850) 521−3601 at the time of hearing. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 08/03/2016)

Aug. 3, 2016
39

Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Case Management Conference held on 8/12/2016. Parties address issue about Plaintiffs expert going into the facilities and taking photographs. Ruling by Court: The plaintiffs expert will be allowed to go into the facilities and take photographs, but is to not disseminate the photographs. (Court Reporter Judy Gagnon) (erl) (Entered: 08/12/2016)

Aug. 12, 2016
40

ORDER SETTING PROCEDURES FOR FACILITY INSPECTIONS. Signed by JUDGE ROBERT L HINKLE on 8/17/2016. (tdl) (Entered: 08/18/2016)

Aug. 17, 2016
41

Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Status Conference held on 8/25/2016. Parties give status of case and tours of the facilities. Nothing is needed from the Court at this time. Another case management will be set. (Court Reporter Judy Gagnon) (erl) (Entered: 08/25/2016)

Aug. 25, 2016
42

NOTICE OF TELEPHONIC HEARING: Telephonic Case Management Conference set for 10/27/2016 11:00 AM before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. Parties are instructed to call (850) 521−3601 at the time of hearing. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 08/25/2016)

Aug. 25, 2016
43

ORDER MAINTAINING THE SCHEDULE. Signed by JUDGE ROBERT L HINKLE on 8/25/2016. (tdl) (Entered: 08/26/2016)

Aug. 25, 2016
44

NOTICE OF RESCHEDULED TELEPHONIC HEARING: Telephonic Case Management Conference reset for 10/27/2016 01:45 PM EDT before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. Parties are instructed to call (850) 691−0704 at the time of hearing. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 10/07/2016)

Oct. 7, 2016
45

AMENDED NOTICE OF TELEPHONIC HEARING: Telephonic Case Management Conference set for 10/27/2016 01:45 PM EDT before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. Parties are instructed to call (850) 521−3601 at the time of hearing. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 10/27/2016)

Oct. 27, 2016
46

Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Case Management Conference held on 10/27/2016. Parties discuss the status of the case and issues. Ruling by Court: Mediation is to start by the end of January 2017. An updated list of names of inmates who will be witnesses at the trial is due by November 30, 2016. Another case management conference will be set in December 2016. An order is forthcoming. (Court Reporter Judy Gagnon) (erl) (Entered: 10/28/2016)

Oct. 27, 2016
47

ORDER ADVANCING THE MEDIATION DEADLINE AND REQUIRING UPDATED 26(a)(3) DISCLOSURES − (Plaintiff's Supplemental Notice on 11/30/2016 .) Signed by JUDGE ROBERT L HINKLE on 10/28/2016. (tdl) (Entered: 10/31/2016)

Oct. 28, 2016

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: 47 Order − Plaintiff's Supplemental Federal Rule of Civil Procedure 26(a)(3) disclosures due. (tdl) (Entered: 12/05/2016)

Dec. 5, 2016
48

NOTICE OF TELEPHONIC HEARING: Telephonic Case Management Conference set for 12/19/2016 11:00 AM EST before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. Parties are instructed to call (850) 521−3601 at the time of hearing. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 12/13/2016)

Dec. 13, 2016
49

NOTICE of Filing by JULIE L JONES re 29 Order (BOWDEN, ALBERT) (Entered: 12/15/2016)

Dec. 15, 2016
50

Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Status Conference held on 12/19/2016. Parties discuss issues related to case management with the Court. Ruling by Court: Plaintiff must serve answers to interrogatories by January 20, 2017. The Rule 26(a)(2) deadlines are adjusted. An order is forthcoming. (Court Reporter Judy Gagnon) (erl) (Entered: 12/19/2016)

Dec. 19, 2016
51

CASE−MANAGEMENT ORDER. Signed by JUDGE ROBERT L HINKLE on 12/19/2016. (tdl) (Entered: 12/19/2016)

Dec. 19, 2016
52

NOTICE of Appearance by ELISABETH MARY OPPENHEIMER on behalf of United States (OPPENHEIMER, ELISABETH) (Entered: 01/09/2017)

Jan. 9, 2017
53

MOTION to Intervene by United States. (Attachments: # 1 Exhibit A (Proposed Complaint−in−Intervention)) (OPPENHEIMER, ELISABETH) (Entered: 01/09/2017)

Jan. 9, 2017
55

MOTION to Extend Time to File an Opposing Memorandum to the United States' Motion to Intervene by JULIE L JONES. (BOWDEN, ALBERT) (Entered: 01/12/2017)

Jan. 12, 2017
56

MOTION for Judgment on the Pleadings Defendant's Motion for Partial Judgment on the Pleadings by JULIE L JONES. (Internal deadline for referral to judge if response not filed earlier: 1/26/2017) . (BRAUN, JAMIE) (Entered: 01/12/2017)

Jan. 12, 2017
57

MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Judgment on the Pleadings by DISABILITY RIGHTS FLORIDA INC. (BERG, RANDALL) (Entered: 01/20/2017)

Jan. 20, 2017
58

MOTION for Enlargement of Word Limit by DISABILITY RIGHTS FLORIDA INC. (BERG, RANDALL) (Entered: 01/20/2017)

Jan. 20, 2017
59

ORDER EXTENDING DEADLINES ON PENDING MOTIONS. The defendant's unopposed motion, ECF No. 55 , to extend the deadline to respond to the motion to intervene is granted. The deadline is extended to 1/27/2017 . The plaintiff's unopposed motion, ECF No. 57 , to extend the deadline to respond to the motion for judgment on the pleadings is granted. The deadline is extended to 2/15/2017 . Signed by JUDGE ROBERT L HINKLE on 1/24/2017. (kjw) (Entered: 01/24/2017)

Jan. 24, 2017
60

ORDER INCREASING THE WORD LIMITS FOR SUMMARY−JUDGMENT MOTIONS. The plaintiff's motion, ECF No. 58 , to increase the word limit for its anticipated summary−judgment motion is granted. The word limit for all summary−judgment memoranda and responses in this case is increased to 16,000. Signed by JUDGE ROBERT L HINKLE on 1/24/2017. (kjw) (Entered: 01/24/2017)

Jan. 24, 2017
61

RESPONSE in Opposition re 53 MOTION to Intervene filed by JULIE L JONES. (Attachments: # 1 Exhibit Letter dated June 26, 2013, # 2 Exhibit Letter dated November 5, 2013, # 3 Exhibit Letter dated September 30, 2015) (BOWDEN, ALBERT) (Entered: 01/27/2017)

Jan. 27, 2017
62

MOTION for Summary Judgment (Redacted) by DISABILITY RIGHTS FLORIDA INC. (Internal deadline for referral to judge if response to summary judgment not filed earlier: 2/21/2017) . (Attachments: # 1 Exhibit 1− Bureau of Justice Statistics (BJS) Report, # 2 Exhibit 2− FDOC Impairment Rating Spreadsheet, # 3 Exhibit 3− AVID Report, # 4 Exhibit 4− Center for American Progress Report, # 5 Exhibit 5− ACLU Report, # 6 Exhibit 6− DOJ−FDOC Letters, # 7 Exhibit 7− Dr. Dennis Cokely Report, # 8 Exhibit 8− [Redacted] Declaration, # 9 Exhibit 9 − [Redacted] Declaration, # 10 Exhibit 10 − [Redacted] Declaration, # 11 Exhibit 11 − [Redacted] Declaration, # 12 Exhibit 12 − [Redacted] Declaration, # 13 Exhibit 13 − [Redacted] Declaration, # 14 Exhibit 14 − [Redacted] Declaration, # 15 Exhibit 15 − [Redacted] Declaration, # 16 Exhibit 16 − [Redacted] Declaration, # 17 Exhibit 17 − [Redacted] Declaration, # 18 Exhibit 18 − [Redacted] Documents, # 19 Exhibit 19 − [Redacted] Documents, # 20 Exhibit 20 − [Redacted] Documents, # 21 Exhibit 21 − [Redacted] Documents, # 22 Exhibit 22 − [Redacted] Documents, # 23 Exhibit 23 − RMAR Documents, # 24 Exhibit 24 − FDOC Procedure 604.101, # 25 Exhibit 25 − Procedure 403.011, # 26 Exhibit 26 − FDOC's Response to Plaintiff's Second Request for Production, # 27 Exhibit 27 − [Redacted] Declaration, # 28 Exhibit 28 − [Redacted] Documents, # 29 Exhibit 29 − Health Service Bulletin 15.03.27, # 30 Exhibit 30 − [Redacted] Documents, # 31 Exhibit 31 − Mark Mazz Report, # 32 Exhibit 32 − Martinetti Motions to Enforce, # 33 Exhibit 33 − Martinetti Response to Motion to Enforce, # 34 Exhibit 34 − Grizzard Affidavit, # 35 Exhibit 35 − Norkunas Reports, # 36 Exhibit 36 − Grizzard Deposition, # 37 Exhibit 37 − [Redacted] Declaration, # 38 Exhibit 38 − [Redacted] Documents, # 39 Exhibit 39 − [Redacted] Declaration, # 40 Exhibit 40 − [Redacted] Declaration, # 41 Exhibit 41 − [Redacted] Declaration, # 42 Exhibit 42 − [Redacted] Declaration, # 43 Exhibit 43 − [Redacted] Declaration, # 44 Exhibit 44 − [Redacted] Documents, # 45 Exhibit 45 − [Redacted] Documents, # 46 Exhibit 46 − [Redacted] Declaration, # 47 Exhibit 47 − [Redacted] Declaration, # 48 Exhibit 48 − [Redacted] Documents, # 49 Exhibit 49 − Villanueva Verified Complaint, # 50 Exhibit 50 − [Redacted] Documents, # 51 Exhibit 51 − Dr. Fredric Schroeder Report, # 52 Exhibit 52 − [Redacted] Declaration, # 53 Exhibit 53 − [Redacted] Declaration, # 54 Exhibit 54 − [Redacted] Declaration, # 55 Exhibit 55 − [Redacted] Declaration, # 56 Exhibit 56 − [Redacted] Documents, # 57 Exhibit 57 − [Redacted] Documents, # 58 Exhibit 58 − [Redacted] Documents, # 59 Exhibit 59 − [Redacted] Documents, # 60 Exhibit 60 − [Redacted] Documents, # 61 Exhibit 61 − [Redacted] Documents, # 62 Exhibit 62 − [Redacted] Documents, # 63 Exhibit 63 − [Redacted] Documents) (TREVISANI, DANTE) (Entered: 01/30/2017)

Jan. 30, 2017
63

Sealed Document. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43 Exhibit, # 44 Exhibit, # 45 Exhibit, # 46 Exhibit, # 47 Exhibit, # 48 Exhibit, # 49 Exhibit, # 50 Exhibit, # 51 Exhibit, # 52 Exhibit, # 53 Exhibit, # 54 Exhibit, # 55 Exhibit, # 56 Exhibit, # 57 Exhibit, # 58 Exhibit, # 59 Exhibit, # 60 Exhibit, # 61 Exhibit, # 62 Exhibit, # 63 Exhibit, # 64 Exhibit, # 65 Exhibit, # 66 Exhibit, # 67 Exhibit, # 68 Exhibit, # 69 Exhibit, # 70 Exhibit, # 71 Exhibit, # 72 Exhibit) (tdl) (Entered: 01/31/2017)

Jan. 31, 2017
64

DOCKET ANNOTATION BY COURT: Hard Drive received on 1/30/2017 re 63 Sealed documents. (tdl)**Hard Drive filed and stored on shelf** (Entered: 01/31/2017)

Jan. 31, 2017
65

MOTION to Stay Joint Motion for Stay by JULIE L JONES. (BOWDEN, ALBERT) (Entered: 02/06/2017)

Feb. 6, 2017
66

NOTICE OF RESCHEDULED TELEPHONIC HEARING: Telephonic Case Management Conference reset for 3/7/2017 02:00 PM before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. Parties are instructed to call (850) 521−3601 at the time of hearing. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 02/07/2017)

Feb. 7, 2017
67

ORDER STAYING PROCEEDINGS FOR 60 DAYS, re 65 Joint Motion for a Stay and to Extend Certain Deadlines By 60 Days During Mediation. All proceedings are stayed until 4/6/2017 . All deadlines that had not passed as of February 6, 2017, are extended 60 days. By separate notice, the clerk must reschedule the case management conference that was set for March 7, 2017. Signed by JUDGE ROBERT L HINKLE on 2/14/2017. (kjw) STAYED Case Flag set. (Entered: 02/16/2017)

Feb. 14, 2017
68

NOTICE OF RESCHEDULED TELEPHONIC HEARING: Telephonic Case Management Conference reset for 4/12/2017 11:00 AM before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. Parties are instructed to call (850) 521−3601 at the time of hearing. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 02/23/2017)

Feb. 23, 2017
69

NOTICE of Supplemental Authority in Support of Plaintiff's Motion for Summary Judgment (DE 63) by DISABILITY RIGHTS FLORIDA INC (Attachments: # 1 Exhibit 4th Cir. decision in Heyer v. BOP) (BERG, RANDALL) (Entered: 02/24/2017)

Feb. 24, 2017
70

MOTION to Stay Defendant's Motion for Additional Time for The Stay and to Extend Certain Deadlines (Plaintiff Stipulates to Part of the Relief Requested) by JULIE L JONES. (BOWDEN, ALBERT) (Entered: 04/04/2017)

April 4, 2017
71

ORDER EXTENDING THE STAY − The clerk must reschedule the case management conference that was set for April 12, 2017. (Status Report due by 5/8/2017 .) Signed by JUDGE ROBERT L HINKLE on 4/7/2017. (tdl) (Entered: 04/10/2017)

April 10, 2017
72

NOTICE OF TELEPHONIC HEARING: Telephonic Case Management Conference set for 4/12/2017 11:00 AM EDT in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. Parties are instructed to call at the time of the hearing: (888) 684−8852 Access Code: 3243416# Security Code: 0412# NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 04/11/2017)

April 11, 2017
73

ORDER EXTENDING STAY. Signed by JUDGE ROBERT L HINKLE on 4/11/17. (sms) (Entered: 04/11/2017)

April 11, 2017
74

NOTICE OF **CANCELLATION** OF HEARING: Telephonic Case Management Conference set for 4/12/2017 11:00 AM before JUDGE ROBERT L HINKLE has been **CANCELLED**. (kjw) (Entered: 04/11/2017)

April 11, 2017
75

MOTION to Withdraw as Counsel (Unopposed) by United States. (OPPENHEIMER, ELISABETH) (Entered: 04/24/2017)

April 24, 2017
76

NOTICE of Appearance by ANN J RILEY on behalf of United States (RILEY, ANN) (Entered: 04/25/2017)

April 25, 2017
77

ORDER GRANTING 75 LEAVE TO WITHDRAW−OPPENHEIMER. Signed by JUDGE ROBERT L HINKLE on 5/15/2017. (tdl)**Attorney ELISABETH MARY OPPENHEIMER terminated. (Entered: 05/16/2017)

May 15, 2017
78

MOTION to Stay Joint Motion for Additional Extension of the Stay, and To Extend Certain Deadlines by JULIE L JONES. (BOWDEN, ALBERT) (Entered: 06/06/2017)

June 6, 2017
79

ORDER EXTENDING THE STAY RE 78 . Signed by JUDGE ROBERT L HINKLE on 6/15/17. (sms) (Entered: 06/15/2017)

June 15, 2017
81

MEDIATION REPORT − Settled (CAPARELLO, DOMINIC) (Entered: 07/07/2017)

July 7, 2017
82

**VACATED per 85 ORDER**ORDER FOR DISMISSAL re 81 Mediation Report. The clerk must enter judgment stating, "The parties are ordered to comply with their settlement agreement. The court reserves jurisdiction to enforce the order to comply with the settlement agreement. All claims in this case are voluntarily dismissed with prejudice under Federal Rule of Civil Procedure 41." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 7/11/2017. (tdl) Modified on 8/8/2017 (tdl). (Entered: 07/12/2017)

July 11, 2017
83

**VACATED per 85 ORDER**CLERK'S JUDGMENT, entered pursuant to 82 Order. (tdl) Modified on 8/8/2017 (tdl). (Entered: 07/12/2017)

July 11, 2017
84

Joint MOTION to Vacate 82 Order, by JULIE L JONES. (Attachments: # 1 Exhibit Joint Stipulation of Dismissal with Prejudice) (BOWDEN, ALBERT) (Entered: 07/13/2017)

July 13, 2017
85

ORDER VACATING THE ORIGINAL ORDER FOR DISMISSAL AND ANY JUDGMENT AND CONFIRMING THE STIPULATED DISMISSAL WITH PREJUDICE − The parties' joint motion to vacate, ECF No. 84 , is granted. The Order of Dismissal, ECF No. 82 , is vacated. Any judgment entered based on the Order of Dismissal, see ECF No. 83 , is vacated. All claims in this action are dismissed with prejudice based on the stipulation. Jurisdiction is not retained. The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 8/7/2017. (tdl) (Entered: 08/08/2017)

Aug. 7, 2017
86

Letter from Augustus Rose Jr. #465363 (tdl) (Entered: 11/29/2017)

Nov. 27, 2017
87

Letter from Susan Elizabeth Baker #945171 (tdl) (Entered: 11/29/2017)

Nov. 27, 2017
88

EMERGENCY MOTION for Preliminary Injunction or, Alternatively, for Protective Order Prohibiting Retaliation and Intimidation of Plaintiff and Witnesses by Elijah Jackson #979922. (tdl)**Motion originally opened in new case on 10/13/2017..5:17cv263 MCR** (Entered: 12/05/2017)

Dec. 4, 2017
89

NOTICE OF APPEAL as to 85 Order by Elijah Jackson Jr. #979922. (Electronic Availability of ROA due by 3/5/2018 .) (tdl)**Fee Due** (Entered: 12/05/2017)

Dec. 4, 2017
90

Appeal Instructions re 89 Notice of Appeal: The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf**PLEASE NOTE** Separate forms must be filed for each court reporter. (tdl) (Entered: 12/05/2017)

Dec. 5, 2017
91

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 89 Notice of Appeal. (tdl) (Entered: 12/05/2017)

Dec. 5, 2017

Set Deadlines re 89 Notice of Appeal: Clerk to check status of Appeal on 3/5/2018 . (tdl) (Entered: 12/05/2017)

Dec. 5, 2017
92

ORDER DENYING THE 88 MOTION FOR A PRELIMINARY INJUNCTION. Signed by JUDGE ROBERT L HINKLE on 12/6/2017. (tdl)**Order forwarded** (Entered: 12/06/2017)

Dec. 6, 2017
93

USCA Case Number 17−15388−H for 89 NOTICE OF APPEAL as to 85 Order. (tdl) (Entered: 12/07/2017)

Dec. 7, 2017
94

NOTICE OF APPEAL as to 92 Order by ELIJAH JACKSON JR. (Electronic Availability of ROA due by 3/7/2018 ) (tdl) (Entered: 12/19/2017)

Dec. 18, 2017
95

Appeal Instructions re: 94 Notice of Appeal : The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf**PLEASE NOTE** Separate forms must be filed for each court reporter. (tdl) (Entered: 12/19/2017)

Dec. 19, 2017

Set Deadlines re 94 Notice of Appeal: Clerk to check status of Appeal on 3/13/2018 . (tdl) (Entered: 12/19/2017)

Dec. 19, 2017
97

USCA Case Number 17−15636−H for 94 NOTICE OF APPEAL as to ELIJAH JACKSON JR. (tdl) (Entered: 01/08/2018)

Dec. 28, 2017

State / Territory: Florida

Case Type(s):

Prison Conditions

Disability Rights/Public Accommodations

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: Jan. 26, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Disability Rights Florida, Florida's federally-designated Protection & Advocacy organization.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Florida Justice Institute

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida Department of Corrections, State

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

Constitutional Clause(s):

Due Process

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

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $2,000,000

Content of Injunction:

Preliminary relief denied

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Reporting

Monitoring

Training

Issues

General:

Access to public accommodations - governmental

Buildings

Conditions of confinement

Effective Communication (ADA)

Grievance Procedures

Law library access

Pattern or Practice

Reasonable Accommodations

Reasonable Modifications

Recreation / Exercise

Religious programs / policies

Screen readers and similar accessibility devices

TTY/Close Captioning/Videophone/etc.

Visiting

Discrimination-area:

Training

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Hearing impairment

Mobility impairment

Visual impairment

Medical/Mental Health:

Medical care, general

Vision care

Type of Facility:

Government-run