Case: H.C. v. Bradshaw

9:18-cv-80810 | U.S. District Court for the Southern District of Florida

Filed Date: June 21, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

Three children charged as adults who were being or had been held in solitary confinement in Palm Beach County Jail filed this class-action lawsuit in the United States District Court for the Southern District of Florida (West Palm Beach) on June 21, 2018. They sued the Palm Beach County Sheriff’s Office and School Board under the Individuals with Disabilities Education Act ("IDEA") (20 U.S.C. §§ 1400 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §§ 794 et seq.) , Title II o…

Three children charged as adults who were being or had been held in solitary confinement in Palm Beach County Jail filed this class-action lawsuit in the United States District Court for the Southern District of Florida (West Palm Beach) on June 21, 2018. They sued the Palm Beach County Sheriff’s Office and School Board under the Individuals with Disabilities Education Act ("IDEA") (20 U.S.C. §§ 1400 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §§ 794 et seq.) , Title II of the Americans with Disabilities Act ("ADA") (42 U.S.C. § 12132), and 42 U.S.C. § 1983. Represented by the Human Rights Defense Center, the Legal Aid Society of Palm Beach County Education Advocacy Project, and private counsel, the plaintiffs alleged that the defendants had violated their rights under the Eighth and Fourteenth Amendments of the United States Constitution, the ADA, IDEA, and the Rehabilitation Act. The plaintiffs sought declaratory and injunctive relief, damages, and attorney’s fees.

In their complaint, the plaintiffs challenged Palm Beach County's use of solitary confinement against minors, the conditions of the solitary confinement, and the lack of educational opportunities available to children in solitary confinement. The plaintiffs alleged that many of the children placed in solitary confinement had mental health issues or other disabilities, did not have access to any educational programs and services while in solitary confinement, and did not receive accommodations for their documented disabilities. The complaint also alleged poor treatment in general, including lack of access to clean drinking water, medical care, and recreational facilities. Many of the named plaintiffs alleged long-lasting repercussions from the conditions they experienced while in solitary confinement. In addition, the complaint alleged that some children were placed in solitary confinement without an explanation and did not have the ability to challenge their placement.

This case was assigned to Judge William P. Dimitrouleas. On the same day the complaint was filed, the plaintiffs moved for class certification and for a preliminary injunction. Also on June 21, Judge Dimitrouleas denied the class certification motion as premature. The defendants moved to dismiss on July 20, which Judge Dimitrouleas denied as moot on August 3 after the plaintiffs filed an amended complaint that dropped one named plaintiff. The defendants moved to dismiss again.

The United States filed a statement of interest on October 1, 2018 that explained its view on the scope of IDEA’s protections, although the government did not take a position on whether the defendants had violated the IDEA in this case.

The case was referred to Magistrate Judge William Matthewman on November 1. Meanwhile, the parties began to work toward a settlement.

On November 16, 2018, Magistrate Judge Matthewman granted both the preliminary approval of a Settlement Agreement that the parties submitted and conditional certification of a class defined as “all present and future juveniles (i.e. individuals under the age of 18 and charged as adults) who are now or will be incarcerated in segregated housing while in the custody of the Sheriff’s Office." Additionally, there were 2 proposed settlement subclasses:

a) all present and future juveniles (i.e. individuals under the age of 18 and charged as adults) with disabilities, as defined by the Individuals with Disabilities Education Act, who are now or will be incarcerated in segregated housing while in the custody of the Sheriff’s Office and are in need of special education evaluation, instruction, accommodations, and related services (“IDEA subclass”); and

b) all present and future juveniles (i.e. individuals under the age of 18 and charged as adults) with disabilities, as defined by the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, who are now or will be incarcerated in segregated housing while in the custody of the Sheriff’s Office (“ADA and 504 Subclass”).

The proposed settlement required, among other things:
- Recreation and showers seven days a week, and no unreasonable withholding of phone or visitation privileges;

- any juvenile classified into segregated housing for any reason, other than protective custody, shall be allowed out of their cells throughout the regular school day with other juveniles in general population so long as there are no co-defendants or keep-separates in the same housing pod;

- On weekends and holidays the Sheriff’s Office shall utilize an expanded rotation schedule for co-defendants that allows for greater time in facility accommodations to minimize the duration of time spent in segregated housing;

- the Sheriff’s Office and the School Board shall confer to determine how best to allow equal access, including any accommodations, to juvenile educational services and programming outside of the segregation cell; maintain notes and documentation of these conferences; and refer the juvenile to a mental health professional for an evaluation and to determine a need for any accommodations;

- juveniles who refused educational services and programming shall be given another opportunity to participate prior to each period.

The agreement was set to last at least five years. The agreement also provided that experts would monitor compliance, and the defendants would provide documents and access to facilitate monitoring. For reasons that are unclear to the Clearinghouse, the monitoring was set to last for only two years despite the agreement's five-year term.

On February 28, 2019, the parties filed a joint motion for approval of the Settlement Agreement and certification of the class. Judge Matthewman approved the settlement after holding a Fairness Hearing and dismissed the case on March 6, 2019, but the court retained jurisdiction to enforce the settlement. 2019 WL 1051146.

On April 19, 2019, the plaintiff moved for $606,526.00 in attorney’s fees and $39,296.78 in costs. The defendants responded that only $260,690.50 in fees and $131.33 in costs were appropriate. On October 10, 2019, Judge Matthewman issued an order granting $390,959.00 in fees and $29,724.53 in costs, for a total award of $420,683.53. 426 F. Supp. 3d. 1266. Judge Matthewman rejected the plaintiff’s use of a blended rate of $525 per hour for all attorneys on the case, and instead arrived at the $390,959.00 figure based on individualized calculations for each attorney and paralegal involved using rates ranging from $150 per hour to $400 per hour.

On December 3, 2019 the court entered a satisfaction of judgment as to the attorneys' fees. Although monitoring concluded in December 2020, the settlement agreement remains in force as of April 15, 2021.

Summary Authors

Elizabeth Heise (10/2/2018)

Lisa Koo (3/3/2019)

Nora Baty (10/8/2019)

Rachel Harrington (4/15/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7242403/parties/hc-v-school-board-of-palm-beach-county-school-district/


Judge(s)

Dimitrouleas, William P. (Florida)

Matthewman, William (Florida)

Attorneys(s) for Plaintiff

Carmona, Lisa A. (Florida)

Duncan, Melissa Marie (Florida)

Leopold, Theodore J. (Florida)

Martin, Diana Leigh (Florida)

Mutamba, Masimba (Florida)

Neelakanta, Sabarish (Florida)

Attorneys(s) for Defendant

Giuffreda, Richard A (Florida)

Jisa, Adriana Mihaela (Florida)

Judge(s)

Dimitrouleas, William P. (Florida)

Matthewman, William (Florida)

Attorneys(s) for Plaintiff

Carmona, Lisa A. (Florida)

Duncan, Melissa Marie (Florida)

Leopold, Theodore J. (Florida)

Martin, Diana Leigh (Florida)

Mutamba, Masimba (Florida)

Neelakanta, Sabarish (Florida)

Attorneys(s) for Defendant

Giuffreda, Richard A (Florida)

Jisa, Adriana Mihaela (Florida)

Pincus, Laura Esterman (Florida)

Other Attorney(s)

Cuncannan, Jacqueline (District of Columbia)

Gore, John M. (District of Columbia)

Jackson, Shelley (District of Columbia)

Marks, Megan R (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Expert/Monitor/Master

Bell, Jon Erik (Florida)

Documents in the Clearinghouse

Document

Docket [PACER]

H.C. v. School Board of Palm Beach County School District

Dec. 3, 2019 Docket
1

Class Action Complaint

H.C. v. School Board of Palm Beach County School District

June 21, 2018 Complaint
11

Order Denying Without Prejudice Plaintiff's Motion for Class Certification

H.C. v. School Board of Palm Beach County School District

June 22, 2018 Order/Opinion
38

Amended Class Action Complaint

H.C. v. School Board of Palm Beach County School District

Aug. 2, 2018 Complaint
71

Statement of Interest of the United States of America

Oct. 1, 2018 Pleading / Motion / Brief
78-1

Settlement Agreement

Nov. 15, 2018 Settlement Agreement
79

Order Granting Joint Motion to Conditionally Certify Class, Preliminary Approve Class Settlement, Appoint Class Counsel, and Set Fairness Hearing [DE 78]

H.C. v. School Board of Palm Beach County School District

Nov. 16, 2018 Order/Opinion
100

Order Granting in Part and Denying in Part Plaintiffs' Verified Motion for Attorneys' Fees and Costs

426 F.Supp.3d 1266

Oct. 10, 2019 Order/Opinion

Resources

Title Description External URL

Sheriff to end solitary confinement for teens at Palm Beach County jail under settlement

John Pacenti

Nov. 9, 2018 https://www.palmbeachpost.com/news/20181109/sheriff-to-end-solitary-confinement-for-teens-at-palm-beach-county-jail-under-settlement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7242403/hc-v-school-board-of-palm-beach-county-school-district/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT H.C., a minor, by and through his parent and natural guardian, Jenny C., et al., against All Defendants. Filing fees $ 400.00 receipt number 113C-10753379, filed by H. C.. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s), # 4 Summon(s), # 5 Summon(s), # 6 Summon(s))(Duncan, Melissa) (Entered: 06/21/2018)

1 Civil Cover Sheet

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2 Summon(s)

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3 Summon(s)

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4 Summon(s)

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5 Summon(s)

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6 Summon(s)

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June 21, 2018 PACER
2

Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. (lbc) (Entered: 06/21/2018)

June 21, 2018 PACER
3

Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case.Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. It is not necessary to re-file this document. (lbc) (Entered: 06/21/2018)

June 21, 2018 PACER
4

Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents (lbc) (Entered: 06/21/2018)

June 21, 2018 PACER
5

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): School Board of Palm Beach County, Ric Bradshaw, Michael Gauger, Alfonso Starling, Frank Milo, M. F., T. M., H. C. and All Others Similarly Situated. (Duncan, Melissa) (Entered: 06/21/2018)

June 21, 2018 PACER
6

Plaintiff's MOTION for Preliminary Injunction by All Others Similarly Situated, H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), M. F., T. M.. Attorney Melissa Marie Duncan added to party All Others Similarly Situated(pty:pla), Attorney Melissa Marie Duncan added to party H. C.(pty:pla), Attorney Melissa Marie Duncan added to party M. F.(pty:pla), Attorney Melissa Marie Duncan added to party T. M.(pty:pla). (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhbits B-O, # 3 Text of Proposed Order)(Duncan, Melissa) (Entered: 06/21/2018)

1 Exhibit Exhibit A

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2 Exhibit Exhbits B-O

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3 Text of Proposed Order

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June 21, 2018 PACER
7

Plaintiff's MOTION to Certify Class and Memorandum of Law in Support by All Others Similarly Situated, H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), M. F., T. M.. Responses due by 7/5/2018 (Duncan, Melissa) (Entered: 06/21/2018)

June 21, 2018 RECAP
8

Order Requiring Counsel to meet and file Joint Scheduling Report and Joint Discovery Report. Signed by Judge William P. Dimitrouleas on 6/21/2018. (lk) (Entered: 06/21/2018)

June 21, 2018 PACER
9

ORDER REFERRING 6 Plaintiff's MOTION for Preliminary Injunction filed by All Others Similarly Situated, M. F., T. M., H. C.. Motions referred to Judge William Matthewman. Signed by Judge William P. Dimitrouleas on 6/21/2018. (lk) (Entered: 06/21/2018)

June 21, 2018 PACER
10

REFERRAL to Magistrate Judge William Matthewman. Motions referred to Judge William Matthewman, per DE 9 . (vjk) (Entered: 06/22/2018)

June 21, 2018 PACER
11

ORDER denying without prejudice 7 Motion to Certify Class. Signed by Judge William P. Dimitrouleas on 6/21/2018. (ls) (Entered: 06/22/2018)

June 21, 2018 RECAP
12

ORDER setting telephonic status conference on 6 Plaintiff's MOTION for Preliminary Injunction: Telephonic status conference set for 6/28/2018 at 2:00 PM in West Palm Beach Division before Magistrate Judge William Matthewman. Signed by Magistrate Judge William Matthewman on 6/22/2018. (no00) (Entered: 06/22/2018)

June 22, 2018 PACER
13

NOTICE by All Others Similarly Situated, H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), M. F., T. M. Summons in a Civil Action (Attachments: # 1 Summon(s) re-filed summons, # 2 Summon(s) re-filed summons, # 3 Summon(s) re-filed summons, # 4 Summon(s) re-filed summons) (Duncan, Melissa) (Entered: 06/25/2018)

1 Summon(s) re-filed summons

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2 Summon(s) re-filed summons

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3 Summon(s) re-filed summons

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4 Summon(s) re-filed summons

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June 25, 2018 PACER
14

Summons Issued as to Michael Gauger, Frank Milo, School Board of Palm Beach County, Alfonso Starling. (Attachments: # 1 Summon(s), # 2 Summon(s), # 3 Summon(s))(lk) (Entered: 06/25/2018)

1 Summon(s)

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2 Summon(s)

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3 Summon(s)

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June 25, 2018 PACER
15

Summons Issued as to Palm Beach County Sheriff. (yha) (Entered: 06/25/2018)

June 25, 2018 PACER
16

NOTICE by Michael Gauger, Frank Milo, Palm Beach County Sheriff, Palm Beach County Sheriff's Office, Alfonso Starling LIMITED NOTICE OF APPEARANCE. Attorney Richard A. Giuffreda added to party Michael Gauger(pty:dft), Attorney Richard A. Giuffreda added to party Frank Milo(pty:dft), Attorney Richard A. Giuffreda added to party Palm Beach County Sheriff(pty:dft), Attorney Richard A. Giuffreda added to party Palm Beach County Sheriff's Office(pty:dft), Attorney Richard A. Giuffreda added to party Alfonso Starling(pty:dft). (Giuffreda, Richard) (Entered: 06/28/2018)

June 28, 2018 PACER
17

PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Telephone Status Conference on Plaintiff's Motion for Preliminary Injunction held on 6/28/2018. Discussion held on scheduling the evidentiary hearing. The parties will confer. Joint Status Report due by Friday, July 13, 2018. Written order to be issued. Total time in court: 28 minutes. Attorney Appearance(s): Melissa Marie Duncan, Sabarish P Neelakanta, Theodore Jon Leopold, and Diana Leigh Martin for Plaintiffs, Richard A. Giuffreda for the PBSO Defendants, Eric Bell, Laura Pincus and Lisa Carmona for the PBC School Board. (Digital 14:04:17) (kza) (Entered: 06/28/2018)

June 28, 2018 PACER
18

NOTICE of Attorney Appearance by Jon Erik Bell on behalf of School Board of Palm Beach County. Attorney Jon Erik Bell added to party School Board of Palm Beach County(pty:dft). (Bell, Jon) (Entered: 06/28/2018)

June 28, 2018 RECAP
19

NOTICE of Attorney Appearance by Laura Esterman Pincus on behalf of School Board of Palm Beach County. Attorney Laura Esterman Pincus added to party School Board of Palm Beach County(pty:dft). (Pincus, Laura) (Entered: 06/28/2018)

June 28, 2018 PACER
20

NOTICE of Attorney Appearance by Richard A. Giuffreda on behalf of Michael Gauger, Frank Milo, Palm Beach County Sheriff, Palm Beach County Sheriff's Office, Alfonso Starling. See image at DE 16 (lk) (Entered: 06/29/2018)

June 28, 2018 PACER
21

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline by T. M., M. F., H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), All Others Similarly Situated. School Board of Palm Beach County served on 6/28/2018, answer due 7/19/2018. (Duncan, Melissa) (Entered: 06/29/2018)

June 29, 2018 PACER
22

ORDER REQUIRING JOINT STATUS REPORT: Counsel for the parties shall confer on Plaintiff's Motion for a Preliminary Injunction [DE 6]. (Joint Status Report due on or before 7/13/2018.) Signed by Magistrate Judge William Matthewman on 6/29/2018. (kza) (Entered: 06/29/2018)

June 29, 2018 PACER
23

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline by T. M., M. F., H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), All Others Similarly Situated. Palm Beach County Sheriff served on 6/29/2018, answer due 7/20/2018. (Duncan, Melissa) (Entered: 07/02/2018)

July 2, 2018 PACER
24

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline by T. M., M. F., H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), All Others Similarly Situated. Alfonso Starling served on 6/29/2018, answer due 7/20/2018. (Duncan, Melissa) (Entered: 07/02/2018)

July 2, 2018 PACER
25

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline by T. M., M. F., H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), All Others Similarly Situated. Michael Gauger served on 6/29/2018, answer due 7/20/2018. (Duncan, Melissa) (Entered: 07/02/2018)

July 2, 2018 PACER
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SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline by T. M., M. F., H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), All Others Similarly Situated. Frank Milo served on 6/29/2018, answer due 7/20/2018. (Duncan, Melissa) (Entered: 07/02/2018)

July 2, 2018 PACER
27

NOTICE of Attorney Appearance by Lisa A. Carmona on behalf of Palm Beach County School District. Attorney Lisa A. Carmona added to party Palm Beach County School District(pty:dft). (Carmona, Lisa) (Entered: 07/03/2018)

July 3, 2018 RECAP
28

Joint MOTION for Entry of Agreed HIPPA Protective Order and Joint Status Report by All Others Similarly Situated, H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), M. F., T. M.. Attorney Sabarish P Neelakanta added to party H. C.(pty:pla). (Attachments: # 1 Text of Proposed Order Agreed HIPPA Protective Order, # 2 Exhibit Joint Status Report)(Neelakanta, Sabarish) (Entered: 07/12/2018)

1 Text of Proposed Order Agreed HIPPA Protective Order

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2 Exhibit Joint Status Report

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July 12, 2018 PACER
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AGREED HIPAA QUALIFIED PROTECTIVE ORDER granting 28 Joint Motion for Entry of Agreed HIPPA Protective Order. Signed by Magistrate Judge William Matthewman on 7/13/2018. See attached document for full details. (kza) (Entered: 07/13/2018)

July 13, 2018 RECAP
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ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge William Matthewman on 7/16/2018. See attached document for full details. (kza) (Entered: 07/16/2018)

July 16, 2018 PACER
31

ORDER SETTING EVIDENTIARY HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION [DE 6] AND SETTING ADDITIONAL RELATED DEADLINES AND PROCEDURES: (3 day Evidentiary Hearing set for Wednesday, October 3, 2018 at 9:30 AM and will conclude Fiday, October 5, 2018 in West Palm Beach Division before Magistrate Judge William Matthewman.). On or before August 2, 2018, Defendants shall file a response to Plaintiffs' Motion for Preliminary Injunction [DE 6]. On or before August 13, 2018, Plaintiffs shall file their reply in support of their Motion. On or before September 7, 2018, the parties shall file a joint notice with the Court stating the parties positions as to whether or not they believe it is necessary for the undersigned to view the correctional facility at issue prior to ruling on Plaintiffs Motion. On or before September 13, 2018, the parties shall exchange their expert reports related to the Motion. On or before September 18, 2018, the parties shall file and exchange their expert, witness, and exhibit lists related to the evidentiary hearing. On or before September 26, 2018, the parties shall complete the discovery process related to the Motion. Signed by Magistrate Judge William Matthewman on 7/16/2018. See attached document for full details. (kza) (Entered: 07/16/2018)

July 16, 2018 PACER
32

Defendant's MOTION to Dismiss 1 Complaint, by School Board of Palm Beach County. Responses due by 8/2/2018 (Bell, Jon) (Entered: 07/19/2018)

July 19, 2018 PACER
33

NOTICE of Attorney Appearance by Richard A. Giuffreda on behalf of Michael Gauger, Frank Milo, Palm Beach County Sheriff, Palm Beach County Sheriff's Office, Alfonso Starling (Giuffreda, Richard) (Entered: 07/20/2018)

July 20, 2018 PACER
34

MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss 1 Complaint, ( Responses due by 8/3/2018) by Michael Gauger, Frank Milo, Palm Beach County Sheriff, Palm Beach County Sheriff's Office, Alfonso Starling. (Giuffreda, Richard) (Entered: 07/20/2018)

July 20, 2018 PACER
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NOTICE of Attorney Appearance by Masimba Maxwell Mutamba on behalf of All Others Similarly Situated, H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), M. F., T. M.. Attorney Masimba Maxwell Mutamba added to party All Others Similarly Situated(pty:pla), Attorney Masimba Maxwell Mutamba added to party H. C.(pty:pla), Attorney Masimba Maxwell Mutamba added to party H. C.(pty:pla), Attorney Masimba Maxwell Mutamba added to party M. F.(pty:pla), Attorney Masimba Maxwell Mutamba added to party T. M.(pty:pla). (Mutamba, Masimba) (Entered: 07/23/2018)

July 23, 2018 RECAP
36

RESPONSE in Opposition re 6 Plaintiff's MOTION for Preliminary Injunction Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction filed by School Board of Palm Beach County. Attorney Lisa A. Carmona added to party School Board of Palm Beach County(pty:dft). Replies due by 8/9/2018. (Carmona, Lisa) (Entered: 08/02/2018)

Aug. 2, 2018 PACER
37

RESPONSE in Opposition re 6 Plaintiff's MOTION for Preliminary Injunction filed by Michael Gauger, Frank Milo, Palm Beach County Sheriff, Palm Beach County Sheriff's Office, Alfonso Starling. Replies due by 8/9/2018. (Attachments: # 1 Exhibit 1 - Starling Affidavit & Exh A,B,C thereto, # 2 Exhibit 2 - Policies/Post Orders)(Giuffreda, Richard) (Entered: 08/02/2018)

1 Exhibit 1 - Starling Affidavit & Exh A,B,C thereto

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2 Exhibit 2 - Policies/Post Orders

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Aug. 2, 2018 PACER
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First AMENDED COMPLAINT against All Defendants, filed by T. M., M. F., H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), All Others Similarly Situated.(Neelakanta, Sabarish) (Entered: 08/02/2018)

Aug. 2, 2018 PACER
39

ORDER Denying as moot 32 Motion to Dismiss; Denying as moot 34 Motion to Dismiss for Failure to State a Claim; Denying as moot 34 Motion to Dismiss. Signed by Judge William P. Dimitrouleas on 8/3/2018. See attached document for full details. (lk) (Entered: 08/03/2018)

Aug. 3, 2018 PACER
40

Defendant's MOTION to Dismiss 38 Amended Complaint, by School Board of Palm Beach County. Responses due by 8/27/2018 (Bell, Jon) (Entered: 08/13/2018)

Aug. 13, 2018 PACER
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Defendant's MOTION to Dismiss 38 Amended Complaint, by School Board of Palm Beach County. Responses due by 8/27/2018 (Bell, Jon) (Entered: 08/13/2018)

Aug. 13, 2018 PACER
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REPLY to Response to Motion re 6 Plaintiff's MOTION for Preliminary Injunction as to the Sheriff's Office filed by All Others Similarly Situated, H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), M. F.. (Neelakanta, Sabarish) (Entered: 08/13/2018)

Aug. 13, 2018 PACER
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REPLY to Response to Motion re 6 Plaintiff's MOTION for Preliminary Injunction as to the School Board filed by All Others Similarly Situated, H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), M. F.. (Neelakanta, Sabarish) (Entered: 08/13/2018)

Aug. 13, 2018 PACER
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ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Palm Beach County Sheriff's Office. (Giuffreda, Richard) (Entered: 08/13/2018)

Aug. 13, 2018 PACER
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MOTION for Protective Order Regarding Location and Number of Depositions Taken by Plaintiffs by Palm Beach County Sheriff's Office. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Giuffreda, Richard) (Entered: 08/22/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Aug. 22, 2018 PACER
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ORDER SETTING HEARING AND REQUIRING EXPEDITED BRIEFING: Set Deadlines/Hearing as to 45 MOTION for Protective Order Regarding Location and Number of Depositions Taken by Plaintiffs.(Response due by 8/27/2018, Reply due by 8/28/2018., Motion Hearing set for 8/29/2018 at 3:00 PM in West Palm Beach Division before Magistrate Judge William Matthewman.) Signed by Magistrate Judge William Matthewman on 8/24/2018. See attached document for full details. (kza) (Entered: 08/24/2018)

Aug. 24, 2018 PACER
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MOTION to Dismiss for Lack of Jurisdiction 38 Amended Complaint, M.F.'s Claims, as Moot, by Palm Beach County Sheriff's Office. Responses due by 9/7/2018 (Attachments: # 1 Exhibit A (composite))(Giuffreda, Richard) (Entered: 08/24/2018)

1 Exhibit A (composite)

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Aug. 24, 2018 PACER
48

NOTICE by Palm Beach County Sheriff's Office re 46 Order,, Set/Reset Motion/R&R Deadlines and Hearings, 45 MOTION for Protective Order Regarding Location and Number of Depositions Taken by Plaintiffs (Giuffreda, Richard) (Entered: 08/27/2018)

Aug. 27, 2018 PACER
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PAPERLESS ORDER denying as moot 45 Motion for Protective Order. The Court appreciates the resolution of this discovery dispute by the parties' counsel. In light of the resolution of the discovery dispute, the Motion for Protective Order is DENIED AS MOOT and the hearing previously scheduled for August 29, 2018 is hereby cancelled. Signed by Magistrate Judge William Matthewman on 8/27/2018. (ak01) (Entered: 08/27/2018)

Aug. 27, 2018 PACER
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RESPONSE to Motion re 41 Defendant's MOTION to Dismiss 38 Amended Complaint, filed by All Others Similarly Situated, H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), M. F., T. M.. Replies due by 9/4/2018. (Duncan, Melissa) (Entered: 08/27/2018)

Aug. 27, 2018 PACER
51

NOTICE by Palm Beach County Sheriff's Office re 6 Plaintiff's MOTION for Preliminary Injunction, 37 Response in Opposition to Motion, of Filing Exhibit 3 in Support of Defendant Sheriff's Response to the Motion for Preliminary Injunction (Attachments: # 1 Exhibit 3 - Starling Affidavit) (Giuffreda, Richard) (Entered: 08/27/2018)

1 Exhibit 3 - Starling Affidavit

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Aug. 27, 2018 PACER
52

NOTICE by Palm Beach County Sheriff's Office re 47 MOTION to Dismiss for Lack of Jurisdiction 38 Amended Complaint, M.F.'s Claims, as Moot, of Filing Exhibit 2 in Support of his Motion to Dismiss M.F.'s Claims as Moot, for Lack of Subject Matter Jurisdiction (Attachments: # 1 Exhibit 2 - Starling Affidavit) (Giuffreda, Richard) (Entered: 08/27/2018)

1 Exhibit 2 - Starling Affidavit

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Aug. 27, 2018 PACER
53

REPLY to Response to Motion re 41 Defendant's MOTION to Dismiss 38 Amended Complaint, filed by School Board of Palm Beach County. (Bell, Jon) (Entered: 09/04/2018)

Sept. 4, 2018 PACER
54

NOTICE by All Others Similarly Situated, H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), M. F. re: Joint Consent to Court Inspection (Neelakanta, Sabarish) (Entered: 09/06/2018)

Sept. 6, 2018 PACER
55

Joint MOTION for Extension of Time to Modify Expert Report Disclosure Date by All Others Similarly Situated, H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), M. F.. Responses due by 9/20/2018 (Attachments: # 1 Text of Proposed Order)(Neelakanta, Sabarish) (Entered: 09/06/2018)

1 Text of Proposed Order

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Sept. 6, 2018 PACER
56

RESPONSE in Opposition re 47 MOTION to Dismiss for Lack of Jurisdiction 38 Amended Complaint, M.F.'s Claims, as Moot, filed by All Others Similarly Situated, H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), M. F.. Attorney Diana Leigh Martin added to party H. C.(pty:pla). Replies due by 9/14/2018. (Martin, Diana) (Entered: 09/07/2018)

Sept. 7, 2018 PACER
57

AGREED ORDER MODIFYING EXPERT REPORT DISCLOSURE DATE: granting 55 Joint Motion for Modification of Expert Report Disclosure Date. Expert Report Disclosure Deadline is modified to change the date from 9/13/2018 to 9/18/2018. Signed by Magistrate Judge William Matthewman on 9/7/2018. See attached document for full details. (kza) (Entered: 09/07/2018)

Sept. 7, 2018 PACER
58

REPLY to Response to Motion re 47 MOTION to Dismiss for Lack of Jurisdiction 38 Amended Complaint, M.F.'s Claims, as Moot, filed by Palm Beach County Sheriff's Office. (Attachments: # 1 Exhibit A)(Giuffreda, Richard) (Entered: 09/14/2018)

1 Exhibit A

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Sept. 14, 2018 PACER
59

Witness List by Palm Beach County School District.. (Bell, Jon) (Entered: 09/18/2018)

Sept. 18, 2018 PACER
60

Exhibit List by Palm Beach County School District.. (Bell, Jon) (Entered: 09/18/2018)

Sept. 18, 2018 PACER
61

Exhibit List for Preliminary Injunction Hearing by Palm Beach County Sheriff's Office.. (Giuffreda, Richard) (Entered: 09/18/2018)

Sept. 18, 2018 PACER
62

Witness List for Preliminary Injunction Hearing by Palm Beach County Sheriff's Office.. (Giuffreda, Richard) (Entered: 09/18/2018)

Sept. 18, 2018 PACER
63

Exhibit and Witness List by All Others Similarly Situated, H. C.(a minor, by and through his parent and natural guardian, Jenny C.), M. F... (Langino, Adam) (Entered: 09/18/2018)

Sept. 18, 2018 PACER
64

Exhibit List for Preliminary Injunction Hearing (Amended to include exhibit numbers) by Palm Beach County Sheriff's Office.. (Giuffreda, Richard) (Entered: 09/19/2018)

Sept. 19, 2018 PACER
65

Witness List for Preliminary Injunction Hearing (Amended to include witness numbers) by Palm Beach County Sheriff's Office.. (Giuffreda, Richard) (Entered: 09/19/2018)

Sept. 19, 2018 PACER
66

Exhibit List (Amended) for Preliminary Injunction Hearing by Palm Beach County School District.. (Bell, Jon) (Entered: 09/24/2018)

Sept. 24, 2018 PACER
67

Witness List (Amended) for Preliminary Injunction Hearing by School Board of Palm Beach County.. (Bell, Jon) (Entered: 09/24/2018)

Sept. 24, 2018 PACER
68

ORDER SETTING TELEPHONIC STATUS CONFERENCE REGARDING UPCOMING EVIDENTIARY HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION: (Telephonic Status Conference set for 9/27/2018 at 2:45 PM in West Palm Beach Division before Magistrate Judge William Matthewman.) Signed by Magistrate Judge William Matthewman on 9/25/2018. See attached document for full details. (kza) (Entered: 09/25/2018)

Sept. 25, 2018 PACER
69

PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Telephone Status Conference regarding Evidentiary Hearing on Plaintiff's Motion for Preliminary Injunction held on 9/27/2018. Counsel report that the parties will be meeting next week to attempt to resolve the case and request a continuance of the Evidentiary Hearing. The Court will reset the Evidentiary Hearing for November 5, 2018 at 9:30 a.m. and a Telephonic Status Conference will be set for October 4, 2018 at 2:00 p.m. Written order to be issued. Total time in court: 15 minutes. Attorney Appearance(s): Melissa Marie Duncan, Sabarish P Neelakanta, Diana Leigh Martin for Plaintiffs; Richard A. Giuffreda for Defendant Bradshaw, Lisa A. Carmona, Jon Erik Bell, Laura Esterman Pincus for Defendant School Board of Palm Beach County. (Digital 14:49:53) (kza) (Entered: 09/27/2018)

Sept. 27, 2018 PACER
70

ORDER RESETTING EVIDENTIARY HEARING ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION [DE 6] AND SETTING TELEPHONIC STATUS CONFERENCE: (Evidentiary Hearing set for 11/5/2018 at 9:30 AM in West Palm Beach Division before Magistrate Judge William Matthewman., Telephonic Status Conference set for 10/4/2018 at 2:00 PM in West Palm Beach Division before Magistrate Judge William Matthewman.) Signed by Magistrate Judge William Matthewman on 9/27/2018. See attached document for full details. (kza) (Entered: 09/27/2018)

Sept. 27, 2018 PACER
71

Statement of: Interest by United States of America (Marks, Megan) (Entered: 10/01/2018)

Oct. 1, 2018 PACER
72

NOTICE of Attorney Appearance by Adriana Mihaela Jisa on behalf of Palm Beach County Sheriff's Office. Attorney Adriana Mihaela Jisa added to party Palm Beach County Sheriff's Office(pty:dft). (Jisa, Adriana) (Entered: 10/03/2018)

Oct. 3, 2018 PACER
73

PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Telephone Status Conference held on 10/4/2018. Counsel provided update on possible settlement of case. A Status Conference will be set for October 24, 2018 at 2:00 p.m. Total time in court: 15 minutes. Attorney Appearance(s): Melissa Marie Duncan, Sabarish P Neelakanta, Adriana Mihaela Jisa, Jon Erik Bell, (Digital 14:10:41) (no00) (Entered: 10/04/2018)

Oct. 4, 2018 PACER
74

PAPERLESS ORDER Setting Status Conference: An in-person Status Conference is set for 10/24/2018 at 2:00 PM in West Palm Beach Division before Magistrate Judge William Matthewman. Signed by Magistrate Judge William Matthewman on 10/4/2018. (no00) (Entered: 10/04/2018)

Oct. 4, 2018 PACER
75

PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Status Conference held on 10/24/2018. Counsel for the parties report that a settlement has been reached between all parties pending approval of the Palm Beach School Board at a public meeting on November 14, 2018. The parties will file a Consent to U.S. Magistrate Jurisdiction form on or before Friday, November 2, 2018. The settlement agreement and motion for preliminary approval will be filed by Friday, November 16, 2018. The evidentiary hearing set for Monday, November 5, 2018 at 9:30 a.m. is cancelled in light of all counsel's representations that the matter has been resolved. (Consent to U.S. Magistrate Judge Jurisdiction Deadline 11/2/2018., Settlement Agreement/Motion for Preliminary Approval due by 11/16/2018.), (Status Conference set for 11/28/2018 at 2:00 PM in West Palm Beach Division before Magistrate Judge William Matthewman.). Total time in court: 18 minutes. Attorney Appearance(s): Melissa Marie Duncan, Sabarish P Neelakanta, Diana Leigh Martin for Plaintiffs; Richard A. Giuffreda for Defendant Sheriff, Jon Erik Bell for Defendant Palm Beach County School Board. (Digital 14:00:45) (kza) (Entered: 10/24/2018)

Oct. 24, 2018 PACER
76

Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by All Others Similarly Situated, H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), M. F., T. M. (Neelakanta, Sabarish) (Entered: 11/01/2018)

Nov. 1, 2018 PACER
77

ORDER REFERRING CASE to Magistrate Judge William Matthewman for Trial and the entry of Final Judgment.. Judge William P. Dimitrouleas no longer assigned as presider/referral judge(s) in case. Signed by Judge William P. Dimitrouleas on 11/1/2018. See attached document for full details. (lk) (Entered: 11/01/2018)

Nov. 1, 2018 PACER
78

Joint MOTION Conditionally Approve Settlement, Certify Class, Appoint Class Counsel & Set Fairness Hearing by All Others Similarly Situated, H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), M. F., T. M.. (Attachments: # 1 Exhibit)(Neelakanta, Sabarish) (Entered: 11/15/2018)

1 Exhibit

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Nov. 15, 2018 PACER
79

ORDER granting 78 Joint Motion to Conditionally Certify Class, Preliminarily Approve Class Settlement, Appoint Class Counsel and Set Fairness Hearing. Fairness Hearing set for 3/5/2019 at 2:00 PM in West Palm Beach Division before Magistrate Judge William Matthewman. Signed by Magistrate Judge William Matthewman on 11/16/2018. See attached document for full details. (kza) (Entered: 11/16/2018)

Nov. 16, 2018 PACER
80

NOTICE by School Board of Palm Beach County Declaration of Service of Notice of Proposed Class Action Settlement Upon U.S. Attorney General and Florida Attorney General Pursuant to 28 U.S.C. Section 1715 (Bell, Jon) (Entered: 11/16/2018)

Nov. 16, 2018 PACER
81

NOTICE by Palm Beach County Sheriff's Office re 79 Order on Motion for Miscellaneous Relief, Defendant Sheriff's Declaration of Service of Notice of Proposed Class Action Settlement Upon U.S. Attorney General and Florida Attorney General, Pursuant to 28 U.S.C. Section 1715 (Giuffreda, Richard) (Entered: 11/20/2018)

Nov. 20, 2018 PACER
82

NOTICE by Palm Beach County Sheriff's Office re 81 Notice (Other), Defendant Sheriff's Corrected Declaration of Service of Notice of Proposed Class Action Settlement Upon U.S. Attorney General and Florida Attorney General, Pursuant to 28 U.S.C. Section 1715 (Giuffreda, Richard) (Entered: 11/20/2018)

Nov. 20, 2018 PACER
83

PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Status Conference held on 11/28/2018. Status updates provided by Plaintiffs and Defendants. The Court notes for the record that there was a scrivener's error in the caption of [DE 78] Joint MOTION to Conditionally Approve Settlement, Certify Class, Appoint Class Counsel & Set Fairness Hearing and in the caption of [DE 79] ORDER granting 78 Joint Motion to Conditionally Certify Class, Preliminarily Approve Class Settlement, Appoint Class Counsel and Set Fairness Hearing which reflected that Ric Bradshaw, the Sheriff of Palm Beach County is being sued in his individual capacity which is incorrect and that Ric Bradshaw, the Sheriff of Palm Beach County is being sued in his official capacity only. The parties will confer on the issue of attorney's fees and file any appropriate motion. Total time in court: 13 minutes. Attorney Appearance(s): Sabarish P Neelakanta, Melissa Marie Duncan and Diana Leigh Martin for Plaintiffs, Jon Erik Bell for Defendant School Board of Palm Beach County, Adriana Mihaela Jisa for Defendant Bradshaw. (Digital 14:05:16) (kza) (Entered: 11/28/2018)

Nov. 28, 2018 PACER
84

Joint MOTION for Settlement Approval, Class Certification and Appointment of Class Counsel by All Others Similarly Situated, H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), M. F.. Responses due by 3/14/2019 (Neelakanta, Sabarish) (Entered: 02/28/2019)

Feb. 28, 2019 RECAP
85

PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Fairness Hearing held on 3/5/2019. Argument held. The Court found the settlement: fair, reasonable and adequate. The Court will grant the Joint Motion and Memorandum for Final Approval of Class Action Settlement, Appointment of Class Counsel and Certification of Class [DE 84]. Written order to be issued. Total time in court: 32 minutes. Attorney Appearance(s): Sabarish P Neelakanta, Melissa Marie Duncan, Diana Leigh Martin for Plaintiffs, Richard A. Giuffreda for Defendant Ric Bradshaw and Jon Erik Bell for Defendant School Board of Palm Beach County. Court Reporter: Diane Miller, 561-514-3728 / Diane_Miller@flsd.uscourts.gov. (Digital 14:03:25) (kza) (Entered: 03/05/2019)

March 5, 2019 PACER
86

FINAL ORDER APPROVING CLASS-ACTION SETTLEMENT AGREEMENT, APPOINTMENT OF CLASS COUNSEL AND CERTIFICATION OF CLASS: granting 84 Joint MOTION for Settlement Approval, Class Certification and Appointment of Class Counsel and denying as moot 6 Plaintiffs' Motion for Preliminary Injunction, 41 Defendant's Motion to Dismiss and 47 Defendant's Motion to Dismiss for Lack of Jurisdiction. The action is dismissed with prejudice. Closing Case. Signed by Magistrate Judge William Matthewman on 3/6/2019. See attached document for full details. (kza) (Entered: 03/06/2019)

March 6, 2019 PACER
87

Plaintiff's MOTION for Attorney Fees & Costs by All Others Similarly Situated, H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), M. F., T. M.. Responses due by 5/3/2019 (Attachments: # 1 Exhibit Declaration of Sabarish Neelakanta, # 2 Exhibit Declaration of Melissa Duncan, # 3 Exhibit Declaration of Theodore Leopold, # 4 Exhibit Declaration of Jack Scarola, # 5 Exhibit Spadaro v. Miramar, # 6 Exhibit Hankinson v. R.T.G.)(Neelakanta, Sabarish) (Entered: 04/19/2019)

1 Exhibit Declaration of Sabarish Neelakanta

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2 Exhibit Declaration of Melissa Duncan

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3 Exhibit Declaration of Theodore Leopold

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4 Exhibit Declaration of Jack Scarola

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5 Exhibit Spadaro v. Miramar

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6 Exhibit Hankinson v. R.T.G.

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April 19, 2019 PACER
88

Joint MOTION for Extension of Time to File Response/Reply/Answer as to 87 Plaintiff's MOTION for Attorney Fees & Costs by Palm Beach County Sheriff's Office, School Board of Palm Beach County. (Jisa, Adriana) (Entered: 04/29/2019)

April 29, 2019 PACER

Order on Motion for Extension of Time to File Response/Reply/Answer

April 29, 2019 PACER
89

PAPERLESS ORDER granting 88 Joint Motion of Defendants Palm Beach County Sheriff Ric Bradshaw and the School Board of Palm Beach County for Enlargement of Time to Respond to Plaintiff's Verified Motion for Fees and Costs. The Court notes that Plaintiff has no objection to a 7-day extension of time, but objects to a 30-day extension. However, based upon the good cause shown, the Court will grant the 30-day extension requested by Defendants. Defendants shall file their responses to 87 Plaintiff's Verified Motion for Fees and Costs on or before June 3, 2019. Signed by Magistrate Judge William Matthewman on 4/29/2019. (no00) (Entered: 04/29/2019)

April 29, 2019 PACER
90

MOTION for Leave to File Excess Pages for Response to Plaintiffs' Verified Motion for Attorneys' Fees an dCosts [DE87] by Palm Beach County Sheriff's Office. (Jisa, Adriana) (Entered: 05/29/2019)

May 29, 2019 PACER
91

PAPERLESS ORDER granting 90 Defendant Sheriff's Motion for Leave to File Response to Plaintiffs' Verified Motion for Attorneys' Fees and Costs in Excess of Page Limit. The Defendants' response may be up to 40 pages in length. Signed by Magistrate Judge William Matthewman on 5/30/2019. (no00) (Entered: 05/30/2019)

May 30, 2019 PACER

Order on Motion for Leave to File Excess Pages

May 30, 2019 PACER
92

RESPONSE in Opposition re 87 Plaintiff's MOTION for Attorney Fees & Costs filed by Palm Beach County Sheriff. Replies due by 6/10/2019. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U)(Giuffreda, Richard) (Entered: 06/03/2019)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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June 3, 2019 PACER
93

Defendant's RESPONSE to 87 Plaintiff's MOTION for Attorney Fees & Costs by School Board of Palm Beach County. (Attachments: # 1 Affidavit Affidavit of J. Erik Bell, Esq.)(Bell, Jon) (Entered: 06/03/2019)

1 Affidavit Affidavit of J. Erik Bell, Esq.

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June 3, 2019 PACER
94

Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Plaintiffs' Motion for Attorneys' Fees and Costs by All Others Similarly Situated, H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), M. F.. (Neelakanta, Sabarish) (Entered: 06/04/2019)

June 4, 2019 PACER

Order on Motion for Extension of Time to File Response/Reply/Answer

June 4, 2019 PACER
95

PAPERLESS ORDER granting 94 Plaintiffs' Unopposed Motion for Extension of Time to File Plaintiffs' Reply to Defendants' Opposition to the Motion for Attorneys' Fees and costs. Plaintiffs shall file their reply in support of their 87 Motion for Attorneys' Fees and Costs on or before June 17, 2019. Signed by Magistrate Judge William Matthewman on 6/4/2019. (no00) (Entered: 06/04/2019)

June 4, 2019 PACER
96

Unopposed MOTION for Leave to File Excess Pages by All Others Similarly Situated, H. C.(a minor, by and through his parent and natural guardian, Jenny C.), H. C.(a minor, by and through his parent and natural guardian, Jenny C. ), M. F.. (Neelakanta, Sabarish) (Entered: 06/11/2019)

June 11, 2019 PACER

Order on Motion for Leave to File Excess Pages

June 11, 2019 PACER

State / Territory: Florida

Case Type(s):

Jail Conditions

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: June 21, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Minors currently or previously held in solitary confinement at Palm Beach County Jail

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Palm Beach County Sheriff's Office (Palm Beach), County

Palm Beach County School District (Palm Beach), School District

Defendant Type(s):

Corrections

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 420,683.53

Order Duration: 2019 - 2024

Content of Injunction:

Reasonable Accommodation

Discrimination Prohibition

Monitor/Master

Recordkeeping

Monitoring

Preliminary relief request withdrawn/mooted

Issues

General:

Administrative segregation

Assault/abuse by staff

Bathing and hygiene

Classification / placement

Conditions of confinement

Disciplinary procedures

Disciplinary segregation

Education

Excessive force

Food service / nutrition / hydration

Juveniles

Language access/needs

Phone

Reasonable Accommodations

Reasonable Modifications

Recreation / Exercise

Search policies

Solitary confinement/Supermax (conditions or process)

Special education

Strip search policy

Totality of conditions

Visiting

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Mental impairment

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run