Case: Harvard v. Inch

4:19-cv-00212 | U.S. District Court for the Northern District of Florida

Filed Date: May 8, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

Six incarcerated persons with mental or physical disabilities from the Florida Department of Corrections (FDC) filed a class action complaint against the Secretary of the FDC and FDC in the U.S. District Court for the Northern District of Florida on May 8, 2019. Plaintiffs alleged that defendants frequently, unnecessarily, and harmfully used solitary confinement against people with physical and mental disabilities. They also alleged that defendants were aware of the heightened risk that solitar…

Six incarcerated persons with mental or physical disabilities from the Florida Department of Corrections (FDC) filed a class action complaint against the Secretary of the FDC and FDC in the U.S. District Court for the Northern District of Florida on May 8, 2019. Plaintiffs alleged that defendants frequently, unnecessarily, and harmfully used solitary confinement against people with physical and mental disabilities. They also alleged that defendants were aware of the heightened risk that solitary confinement places on disabled individuals. Plaintiffs sought to represent a class of everyone in FDC custody who had been “locked in their cells, alone or with a cellmate, for an average of 22 hours or more per day[.]” Plaintiffs were represented by the Southern Poverty Law Center, Florida Legal Services, and the Florida Justice Institute. The case was assigned to Chief Judge Mark E. Walker.

In their complaint, the plaintiffs cited three causes of action. First, violations of the Eighth and Fourteenth Amendments under 42 U.S.C. § 1983 for defendants’ overuse of restrictive housing. Second, violations of the Americans with Disabilities Act (ADA). Third, violations of Section 504 of the Rehabilitation Act. The plaintiffs sought to enjoin the defendants from continuing the allegedly unlawful practices and to provide equal access to programs and services for people with disabilities in prison. They also sought declaratory relief and attorney’s fees.

On July 2, 2019, plaintiffs filed an amended class action complaint adding a seventh plaintiff. 

Defendants moved to dismiss on August 6, 2019. They argued plaintiffs had not exhausted their administrative remedies, failed to demonstrate standing, and failed to show they were entitled to relief. The court denied the motion to dismiss on October 24, 2019. 411 F.Supp.3d 1220.

Plaintiffs filed two motions on December 20, 2019. The first motion, filed by all plaintiffs, addressed deposition conditions. This included blocking the presence of FDC staff, preventing use of “black box” restraints, and preventing the use of restraints for deponents from the general population as they’d be “particularly unnecessary.” The second motion was filed by a single named plaintiff to prevent further retaliation by FDC staff, prohibiting contact between the named plaintiff and one specific officer as well as transferring the named plaintiff to a different facility. 

The court granted in part the plaintiffs’ motion for a protective order regarding deposition conditions on January 7, 2020. First, FDC staff could be present only if they did not have day-to-day involvement with any plaintiffs, were not subject to plaintiffs’ claims, and had no actual knowledge of the allegations of this suit. Second, the court allowed restraints to be used on deponents at the Warden’s judgment. Third, the court barred the use of “black box” restraints due to their highly restrictive nature and the availability of alternatives. However, defendants could petition the court for their use. 2020 WL 5650080.

Defendants moved for a protective order on January 13, 2020. Citing security concerns and claiming that federal courts generally defer to prison officials on similar matters, defendants requested that access to certain information be limited only to plaintiffs’ counsel, not the plaintiffs themselves. This included technical prison manuals, video surveillance footage, and the facilities’ security policies. The court denied the motion on January 22, 2020, ,. The court explained that defendants’ motion was “based on a fear of mischief because there is an opportunity for mischief.” As such, the court refused to assume bad faith on the part of plaintiffs’ counsel without proof. 2020 WL 5649635.

The court granted in part the named plaintiff’s motion for a protective order on January 28, 2020. The court stated that anyone retaliating against the named plaintiff would be held in contempt of court, believing the limited injunction sufficient to address the retaliation allegations.  

Defendants filed a notice that they had appealed to the Eleventh Circuit on February 21, 2020, regarding the denial of their protective order. 2020 WL 5649634. The Eleventh Circuit granted the defendants’ writ of mandamus on March 30, 2020. 2020 WL 1933170. The Eleventh Circuit determined that the seriousness of the security risk warranted issuing the writ. As a result, the district court’s denial of defendants’ motion for a protective order was vacated.

Plaintiffs filed another motion for a protective order on November 23, 2020. They contended that defendants were interfering with the adjudication of the case by both threatening incarcerated individuals who worked with plaintiffs' counsel and retaliating against people who provided information.  Magistrate Judge Martin Pitzpatrick initially granted the order. However, it was vacated by Chief Judge Mark Walker as he felt the order was vague and failed to clearly define what conduct was unlawful.

Plaintiffs filed a second amended class action complaint on March 30, 2021. Notably, this complaint added three additional subclasses for those placed in restricted housing: (1) a youth subclass for all under 21 years old; (2) a subclass for serious mental illness, and (3) a subclass for federally recognized physical disabilities. Two months later, they filed a third amended complaint adding an eighth named plaintiff. Plaintiffs moved for class certification on May 28, 2021.

Plaintiffs moved for sanctions on June 15, 2021. They alleged that defendants were taking part in continuing retaliation against putative class members and potential witnesses. Plaintiffs requested the court find the defendants in contempt per the January 2020 protective order and accordingly enter sanctions.

Chief Judge Mark E. Walker recused himself on August 11, 2021. He stated that he “became privy to relevant information about this case through an extrajudicial source” without further elaboration. Judge Allen C. Windsor was assigned to this case.

Defendants moved for partial summary judgment on plaintiffs’ first cause of action concerning violations of the Eighth Amendment on September 10, 2021. First, defendants argued that plaintiffs were mounting a facial challenge of the prison’s policy. but had failed to demonstrate there were “no set of circumstances” where the policies are constitutionally valid. Second,   defendants argued that a writ of habeas corpus, not a § 1983 claim, was the only available remedy for the youth and serious mental illness subclasses as plaintiffs were seeking to alter their confinement.

Discovery continued over the following six months until Defendants moved for a protective order on March 23, 2022. They sought to prevent the deposition of various “high-ranking” officials currently or formerly affiliated with the FDC. They argued that plaintiffs had failed to make the required heightened showings for these “apex” officials, including showing that alternative sources had been exhausted. Ultimately, Judge Allen C. Windsor granted the protective order on May 26, 2022.

Defendants filed another protective order on June 15, 2022. They argued that the plaintiffs both failed to seek leave of court to depose FDC officials a second time and that the leave of court should not be granted.

A mediation report was released on July 1, 2022, stating that the parties had reached an impasse.

The court denied class certification on July 25, 2022. First, the court held that the injunctive relief sought as generalized ‘obey the law’ injunctions which are vague and unenforceable. Second, plaintiffs failed to establish commonality (class shares common questions of fact and law) and typicality (class representatives’ claims are typical of the class). Regarding their Eighth Amendment claims, plaintiffs failed to present evidence that all (or even most) class members face the same conditions of confinement, since conditions inevitably vary in length of time and exposure. As such, everyone could not be evaluated in one stroke because the “same evidence will [not] suffice for each member[.]” With respect to the ADA and Rehabilitation Act Claims, their arguments were too generalized. Plaintiffs failed to specify any specific modifications to the FDC system or any specific services which were denied. In addition, the ADA requires an individualized inquiry into each plaintiff’s condition to determine their eligibility. Plaintiffs do not contend that all class members have the same disability or condition.

Defendants’ September 2021 motion for partial summary judgment concerning plaintiffs’ Eighth Amendment claims was denied on July 27, 2022. The court determined that the relief sought by plaintiffs does not support construing the claims as facial as argued by defendants. They did not seek declaratory or injunctive relief against the written policies. In addition, the court rejected defendants’ argument that plaintiffs should have sought habeas relief. The plaintiffs were challenging the conditions of confinement, not the fact or duration of confinement.

Plaintiffs’ June 2021 motion for sanctions was denied as moot on August 3, 2022, without prejudice. Plaintiffs provided notice to the court that it appeared that the court no longer held subject matter jurisdiction over the case as plaintiffs had been transferred out of solitary confinement on September 2, 2022. On September 30, 2022, named plaintiffs filed a motion to voluntarily dismiss the case. 

This case is ongoing.

Summary Authors

Ashton Dubey (11/14/2019)

Eric Gripp (10/29/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15763248/parties/harvard-v-dixon/


Judge(s)

Branch, Elizabeth Lee (Florida)

Attorney for Plaintiff

Agarwal, Shalini Goel (Florida)

Alvarez, Alexis Nicole (Florida)

Costello, Andrea Hope (Florida)

Dolan, Krista Ann (Florida)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document

4:19-cv-00212

Docket [PACER]

July 27, 2021

July 27, 2021

Docket
1

4:19-cv-00212

Complaint

May 8, 2019

May 8, 2019

Complaint
13

4:19-cv-00212

First Amended Class Action Complaint

July 2, 2019

July 2, 2019

Complaint
54

4:19-cv-00212

Order Denying Defendants' Motion to Dismiss

Oct. 24, 2019

Oct. 24, 2019

Order/Opinion

411 F.Supp.3d 411

82

4:19-cv-00212

Order Granting in Part and Denying in Part Plaintiffs' Motion for a Protective Order Regarding Deposition Conditions

Jan. 7, 2020

Jan. 7, 2020

Order/Opinion

2020 WL 2020

94

4:19-cv-00212

Order Denying Defendants' Motion for Entry of a Protective Order

Jan. 22, 2020

Jan. 22, 2020

Order/Opinion

2020 WL 2020

111

4:19-cv-00212

Order Denying Stay of Discovery

March 2, 2020

March 2, 2020

Order/Opinion

2020 WL 2020

0:20-10650

Opinion

In re: Secretary, Florida Department of Corrections

U.S. Court of Appeals for the Eleventh Circuit

March 30, 2020

March 30, 2020

Order/Opinion

2020 WL 2020

274

4:19-cv-00212

Second Amended Class Action Complaint for Declaratory and Injunctive Relief

March 30, 2021

March 30, 2021

Complaint
309

4:19-cv-00212

Third Amended Class Action Complaint for Declaratory and Injunctive Relief

May 27, 2021

May 27, 2021

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15763248/harvard-v-dixon/

Last updated April 9, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number AFLNDC-4484016.), filed by JAMES W. KENDRICK, JR., JACQUANN MARQUIS HARVARD, JUAN ESPINOSA, ANGEL MEDDLER, J H, JEROME BURGESS. (Attachments: # 1 SUMMONS FOR MARK INCH, SECRETARY, # 2 SUMMONS FOR FLORIDA DEPARTMENT OF CORRECTIONS) (KNAPP, KELLY) (Entered: 05/08/2019)

1 SUMMONS FOR MARK INCH, SECRETARY

View on PACER

2 SUMMONS FOR FLORIDA DEPARTMENT OF CORRECTIONS

View on PACER

May 8, 2019

May 8, 2019

Clearinghouse
2

CIVIL COVER SHEET. (KNAPP, KELLY) (Entered: 05/08/2019)

May 8, 2019

May 8, 2019

RECAP
3

Summons Issued as to FLORIDA DEPARTMENT OF CORRECTIONS. (rcb) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER
4

Summons Issued as to MARK S INCH. (rcb) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER
5

NOTICE of Appearance by ANDREA COSTELLO on behalf of All Plaintiffs (COSTELLO, ANDREA) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

PACER
6

NOTICE of Appearance by SHALINI GOEL AGARWAL on behalf of All Plaintiffs (AGARWAL, SHALINI) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

PACER
7

NOTICE of Appearance by DANTE PASQUALE TREVISANI on behalf of All Plaintiffs (TREVISANI, DANTE) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

PACER
8

NOTICE of Appearance by LAURA ANNE FERRO on behalf of All Plaintiffs (FERRO, LAURA) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
9

Certificate of Good Standing construed as a Motion to Appear Pro Hac Vice by Lisa Graybill.( Filing fee $ 201 receipt number AFLNDC-4517083.) by JEROME BURGESS, JUAN ESPINOSA, J H, JACQUANN MARQUIS HARVARD, JAMES W. KENDRICK, JR., ANGEL MEDDLER. (GRAYBILL, LISA) Modified to correct the title on 6/11/2019 (rcb). (Entered: 06/10/2019)

June 10, 2019

June 10, 2019

PACER
10

ORDER DENYING MOTION TO APPEAR PRO HAC VICE. This Court has considered, without hearing, the Certificate of Good Standing construed as a Motion to Appear Pro Hac Vice filed on behalf of Lisa Graybill, ECF No. 9 . The motion is DENIED without prejudice to Ms. Graybill's meeting the requirements of Local Rule 11.1 for admission and filing a proper motion as opposed to simply filing a certificate. Instructions for compliance are available on the public website of the United State District Court for the Northern District of Florida.Signed by CHIEF JUDGE MARK E WALKER on 06/11/2019. (rcb) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

PACER
11

MOTION Pro Hac Vice Admission re 9 MOTION to Appear Pro Hac Vice by Lisa Graybill.( Filing fee $ 201 receipt number AFLNDC-4517083.) by JEROME BURGESS, JUAN ESPINOSA, J H, JACQUANN MARQUIS HARVARD, JAMES W. KENDRICK, JR., ANGEL MEDDLER. (Attachments: # 1 Certificate of Good Standing) (GRAYBILL, LISA) (Entered: 06/11/2019)

1 Certificate of Good Standing

View on PACER

June 11, 2019

June 11, 2019

PACER
12

ORDER ADMITTING LISA GRAYBILL PRO HAC VICE. This Court has considered, without hearing, the Motion to Appear Pro Hac Vice by Lisa Graubill. ECF No. 11 . The motion is GRANTED. Ms. Graybill has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 06/11/2019. (rcb) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

PACER
13

FIRST AMENDED COMPLAINT against All Defendants All Defendants., filed by JAMES W. KENDRICK, JR., ANGEL MEDDLER, J H, JUAN ESPINOSA, JACQUANN MARQUIS HARVARD, JEROME BURGESS, JOHNNY HILL. (KNAPP, KELLY) (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

Clearinghouse
14

NOTICE of Appearance by DANIEL J GERBER on behalf of All Defendants (GERBER, DANIEL) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
15

AFFIDAVIT of Service for Summons, Complaint, First Amended Complaint served on Mark Inch on 07/08/2019, filed by JEROME BURGESS, JUAN ESPINOSA, J H, JACQUANN MARQUIS HARVARD, JOHNNY HILL, JAMES W. KENDRICK, JR., ANGEL MEDDLER. (KNAPP, KELLY) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
16

AFFIDAVIT of Service for Summons, Complaint, First Amended Complaint served on Florida Department of Corrections on 07/08/2019, filed by JEROME BURGESS, JUAN ESPINOSA, J H, JACQUANN MARQUIS HARVARD, JOHNNY HILL, JAMES W. KENDRICK, JR., ANGEL MEDDLER. (KNAPP, KELLY) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
17

SUMMONS Returned Executed by JAMES W. KENDRICK, JR., ANGEL MEDDLER, J H, JUAN ESPINOSA, JACQUANN MARQUIS HARVARD, JOHNNY HILL, JEROME BURGESS. FLORIDA DEPARTMENT OF CORRECTIONS served on 7/8/2019, answer due 9/6/2019. (rcb) (Entered: 07/15/2019)

July 12, 2019

July 12, 2019

PACER
18

SUMMONS Returned Executed by JAMES W. KENDRICK, JR., ANGEL MEDDLER, J H, JUAN ESPINOSA, JACQUANN MARQUIS HARVARD, JOHNNY HILL, JEROME BURGESS. MARK S INCH served on 7/8/2019, answer due 9/6/2019. (rcb) (Entered: 07/15/2019)

July 12, 2019

July 12, 2019

PACER

***Corrected answer deadline for 21 days***SUMMONS Returned Executed by JAMES W. KENDRICK, JR., ANGEL MEDDLER, J H, JUAN ESPINOSA, JACQUANN MARQUIS HARVARD, JOHNNY HILL, JEROME BURGESS. FLORIDA DEPARTMENT OF CORRECTIONS served on 7/8/2019, answer due 7/29/2019. (rcb)

July 12, 2019

July 12, 2019

PACER

***Corrected answer deadline for 21 days***SUMMONS Returned Executed by JAMES W. KENDRICK, JR., ANGEL MEDDLER, J H, JUAN ESPINOSA, JACQUANN MARQUIS HARVARD, JOHNNY HILL, JEROME BURGESS. MARK S INCH served on 7/8/2019, answer due 7/29/2019. (rcb)

July 15, 2019

July 15, 2019

PACER
19

Plaintiff's Unopposed Motion for Extension of Time to File Motion for Class Certification by JEROME BURGESS, JUAN ESPINOSA, J H, JACQUANN MARQUIS HARVARD, JOHNNY HILL, JAMES W. KENDRICK, JR., ANGEL MEDDLER. (SALEH, SUMAYYA) Modified to correct title on 7/23/2019 (rcb). (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
20

Defendant's Unopposed Motion for Extension of Time to File a Motion to Dismiss Plaintiff's Amended Complaint and Request for Increased Word Limit by FLORIDA DEPARTMENT OF CORRECTIONS, MARK S INCH. (GERBER, DANIEL) Modified to correct title on 7/23/2019 (rcb). (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
21

ORDER GRANTING 19 EXTENSION OF TIME TO FILE MOTION FOR CLASS CERTIFICATION.This Court has considered, without hearing, Plaintiffs Unopposed Motion for Extension of Time to File Motion for Class Certification. ECF No. 19 . The motion is GRANTED. Plaintiffs shall file their motion for class certification on or before 5/6/2020. Signed by CHIEF JUDGE MARK E WALKER on 07/22/2019. (rcb) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
22

ORDER GRANTING 20 EXTENSION OF TIME TO FILE MOTION TO DISMISS AND REQUEST FOR INCREASED WORD LIMIT. This Court has considered, without hearing, Defendants' Unopposed Motion for Extension of Time to File a Motion to Dismiss Plaintiffs' Amended Complaint and Request for Increased Word Limit. ECF No. 20 . The motion is GRANTED. Defendants' may file their motion to dismiss on or before August 6, 2019, and the word limit for the memorandum in support may be increased to 11,000 words.(Motions due by 8/6/2019.) Signed by CHIEF JUDGE MARK E WALKER on 7/22/2019. (rcb) (Entered: 07/23/2019)

July 22, 2019

July 22, 2019

PACER
23

DOCKET ANNOTATION BY COURT: ISO placed in Judge Walker's referral folder. (rcb) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

PACER
24

INITIAL SCHEDULING ORDER : Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 8/12/2019. Rule 26 Meeting Report due by 9/11 /2019. Discovery due by 11/26/2019. Status Report due by 8/29/2019. Signed by CHIEF JUDGE MARK E WALKER on 07/29/2019. (toy) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

PACER
25

MOTION to Seal Document - Plaintiffs' Grievances Which May Contain Personal Health Information With Incorporated Memorandum of Law by FLORIDA DEPARTMENT OF CORRECTIONS, MARK S INCH. (GERBER, DANIEL) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER
26

MOTION to Transfer Case to to the Middle District, Jacksonville or Ocala Division Pursuant to 28 U.S.C. § 1404(a) and Incorporated Memorandum of Law by FLORIDA DEPARTMENT OF CORRECTIONS, MARK S INCH. (Internal deadline for referral to judge if response not filed earlier: 8/20/2019). (Attachments: # 1 Exhibit 1) (GERBER, DANIEL) (Entered: 08/06/2019)

1 Exhibit 1

View on RECAP

Aug. 6, 2019

Aug. 6, 2019

RECAP
27

Declaration of Rusty McLaughlin by FLORIDA DEPARTMENT OF CORRECTIONS, MARK S INCH. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10) (GERBER, DANIEL) Modified to correct title on 8/7/2019 (rcb). (Entered: 08/06/2019)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

9 Exhibit 9

View on PACER

10 Exhibit 10

View on PACER

Aug. 6, 2019

Aug. 6, 2019

PACER
28

Defendant's Dispositive Motion to Dismiss Claims Asserted by Plaintiffs J.H., Angel Meddler, Jerome Burgess, and James Kendrick, Jr., and Partially Dispositive Motion to Dismiss Claims by Plaintiffs Admire Harvard, Juan Espinosa, and Johnny Hill by FLORIDA DEPARTMENT OF CORRECTIONS, MARK S INCH. (Attachments: # 1 Memorandum of Law) (GERBER, DANIEL) Modified to correct title on 8/7/2019 (rcb). (Entered: 08/06/2019)

1 Memorandum of Law

View on PACER

Aug. 6, 2019

Aug. 6, 2019

PACER
29

AFFIDAVIT of Alan McManus re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by FLORIDA DEPARTMENT OF CORRECTIONS, MARK S INCH. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2-1, # 3 Exhibit 2-2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14) (GERBER, DANIEL) Modified to correct title on 8/7/2019 (rcb). (Entered: 08/06/2019)

1 Exhibit 1

View on PACER

2 Exhibit 2-1

View on PACER

3 Exhibit 2-2

View on PACER

4 Exhibit 3

View on PACER

5 Exhibit 4

View on PACER

6 Exhibit 5

View on PACER

7 Exhibit 6

View on PACER

8 Exhibit 7

View on PACER

9 Exhibit 8

View on RECAP

10 Exhibit 9

View on PACER

11 Exhibit 10

View on PACER

12 Exhibit 11

View on PACER

13 Exhibit 12

View on PACER

14 Exhibit 13

View on PACER

15 Exhibit 14

View on RECAP

Aug. 6, 2019

Aug. 6, 2019

PACER

Set/Reset Deadlines as to 28 Defendant's Dispositive Motion to Dismiss Claims Asserted by Plaintiffs J.H., Angel Meddler, Jerome Burgess, and James Kendrick, Jr., and Partially Dispositive Motion to Dismiss Claims by Plaintiffs Admire Harvard, Juan Espinosa, and Johnny Hill . (Internal deadline for referral to judge if response not filed earlier: 8/21/2019). (rcb)

Aug. 7, 2019

Aug. 7, 2019

PACER
30

ORDER GRANTING 25 MOTION TO SEAL GRIEVANCES.This Court has considered, without hearing, Defendants' Motion to Seal Plaintiffs' Grievances Which May Contain Personal Health Information. ECF No. 25 . The unopposed motion is GRANTED. Defendants may file under seal the grievance appeals that contain private health information. Signed by CHIEF JUDGE MARK E WALKER on 8/7/2019. (rcb) (Entered: 08/07/2019)

Aug. 7, 2019

Aug. 7, 2019

PACER
31

First MOTION for Extension of Time to File Response/Reply to Defendants' Dispositive Motion to Dismiss by JEROME BURGESS, JUAN ESPINOSA, J H, JACQUANN MARQUIS HARVARD, JOHNNY HILL, JAMES W. KENDRICK, JR., ANGEL MEDDLER. (KNAPP, KELLY) (Entered: 08/08/2019)

Aug. 8, 2019

Aug. 8, 2019

PACER
32

ORDER GRANTING 31 EXTENSION OF TIME AND REQUEST FOR INCREASED WORD LIMIT. This Court has considered, without hearing, Plaintiffs' Unopposed Motion for Extension of Time to File a Memorandum in Opposition to Defendants' Dispositive Motion to Dismiss and Request for Increased Word Limit. ECF No. 31 . The motion is GRANTED. Plaintiffs may respond to the motion to dismiss on or before September 6, 2019, and may increase the word limit to 11,000 words. (Internal deadline for referral to judge if response not filed earlier: 9/6/2019).) Signed by CHIEF JUDGE MARK E WALKER on 8/8/2019. (rcb) (Entered: 08/08/2019)

Aug. 8, 2019

Aug. 8, 2019

PACER
33

Sealed Document (rcb) (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER
34

MOTION TO JOIN filed by MATTHEW THOMPSON. (blb) (Main Document 34 replaced on 8/14/2019) (rcb). (Entered: 08/13/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: 24 Scheduling Order.*** Corporate Disclosure Statement not filed on 8/12/2019*** (rcb)

Aug. 13, 2019

Aug. 13, 2019

PACER

ACTION NO LONGER REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: Action Required by District Judge (previous entry)*** Corporate Disclosure Statement not required to be filed on 8/12/2019*** (rcb)

Aug. 13, 2019

Aug. 13, 2019

PACER

Set/Reset Deadlines as to 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Internal deadline for referral to judge if response not filed earlier: 8/28/2019). (rcb)

Aug. 14, 2019

Aug. 14, 2019

PACER

Set/Reset Deadlines as to 34 MOTION for Joinder. (Internal deadline for referral to judge if response not filed earlier: 8/28/2019). (rcb)

Aug. 14, 2019

Aug. 14, 2019

PACER
35

ORDER DENYING 34 MOTION TO JOIN. Accordingly, Matthew Thompsons motion to join, ECF No. 34, is DENIED. Signed by CHIEF JUDGE MARK E WALKER on 8/16/2019. (rcb) (Entered: 08/16/2019)

Aug. 16, 2019

Aug. 16, 2019

PACER
36

RESPONSE in Opposition re 26 MOTION to Transfer Case to to the Middle District, Jacksonville or Ocala Division Pursuant to 28 U.S.C. § 1404(a) and Incorporated Memorandum of Law filed by JEROME BURGESS, JUAN ESPINOSA, J H, JACQUANN MARQUIS HARVARD, JOHNNY HILL, JAMES W. KENDRICK, JR., ANGEL MEDDLER. (TREVISANI, DANTE) (Entered: 08/20/2019)

Aug. 20, 2019

Aug. 20, 2019

PACER
37

Monthly Joint Status Report on Discovery by JEROME BURGESS, JUAN ESPINOSA, J H, JACQUANN MARQUIS HARVARD, JOHNNY HILL, JAMES W. KENDRICK, JR., ANGEL MEDDLER. (FERRO, LAURA) Modified to correct title on 8/29/2019 (rcb). (Entered: 08/28/2019)

Aug. 28, 2019

Aug. 28, 2019

PACER
38

MOTION for Protective Order HIPAA Qualified Protective Order by JEROME BURGESS, JUAN ESPINOSA, J H, JACQUANN MARQUIS HARVARD, JOHNNY HILL, JAMES W. KENDRICK, JR., ANGEL MEDDLER. (Attachments: # 1 Text of Proposed Order Proposed HIPAA Qualified Protective Order, # 2 Exhibit Copeland Agreed HIPAA Qualified Protective Order, # 3 Exhibit DRF Agreed HIPAA Qualified Protective Order, # 4 Exhibit Hoffer HIPAA Qualified Protective Order) (TREVISANI, DANTE) (Entered: 08/28/2019)

1 Text of Proposed Order Proposed HIPAA Qualified Protective Order

View on PACER

2 Exhibit Copeland Agreed HIPAA Qualified Protective Order

View on PACER

3 Exhibit DRF Agreed HIPAA Qualified Protective Order

View on PACER

4 Exhibit Hoffer HIPAA Qualified Protective Order

View on PACER

Aug. 28, 2019

Aug. 28, 2019

PACER

Reset Deadlines: Status Report due by 9/28/2019. (rcb)

Aug. 29, 2019

Aug. 29, 2019

PACER

Set/Reset Deadlines as to 38 MOTION for Protective Order HIPAA Qualified Protective Order. (Internal deadline for referral to judge if response not filed earlier: 9/12/2019). (rcb)

Aug. 29, 2019

Aug. 29, 2019

PACER
39

NOTICE of Appearance by NICOLE SIEB SMITH on behalf of FLORIDA DEPARTMENT OF CORRECTIONS, MARK S INCH (SMITH, NICOLE) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER
40

NOTICE OF HEARING Re: 38 MOTION for Protective Order HIPAA Qualified Protective Order: Motion Hearing set for 9/19/2019 01:30 PM before CHIEF JUDGE MARK E WALKER. United States Courthouse, Courtroom 5 West, 111 North Adams St., Tallahassee, Florida 32301. 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 Victoria Milton McGee at 850-521-3510 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER
41

NOTICE TELEPHONIC HEARING Re: 38 MOTION for Protective Order HIPAA Qualified Protective Order: Telephonic Motion Hearing set for 9/19/2019 01:30 PM before CHIEF JUDGE MARK E WALKER. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 888-684-8852 When prompted for an access code, enter: 3853136# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is comprised by these devices. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
42

MEMORANDUM in Opposition re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JEROME BURGESS, JUAN ESPINOSA, J H, JACQUANN MARQUIS HARVARD, JOHNNY HILL, JAMES W. KENDRICK, JR., ANGEL MEDDLER and PARTIALLY DISPOSITIVE MOTION TO DISMISS CLAIMS BY PLAINTIFFS ADMIRE HARVARD, JUAN ESPINOSA, AND JOHNNY HILL (Attachments: # 1 Exhibit Informal Grievance Log No. 205-1902-0471) (SALEH, SUMAYYA) Modified on 9/9/2019 (blb). *Edit Title* (Entered: 09/06/2019)

1 Exhibit Informal Grievance Log No. 205-1902-0471

View on PACER

Sept. 6, 2019

Sept. 6, 2019

PACER
43

REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Appendix Agreement Regarding Inadvertent Disclosures of Privileged Information, # 2 Appendix Proposed Schedule of Pretrial and Trial Dates) (KNAPP, KELLY) (Entered: 09/06/2019)

1 Appendix Agreement Regarding Inadvertent Disclosures of Privileged Information

View on PACER

2 Appendix Proposed Schedule of Pretrial and Trial Dates

View on PACER

Sept. 6, 2019

Sept. 6, 2019

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: 43 Report of Rule 26(f) Planning Meeting. (blb)

Sept. 9, 2019

Sept. 9, 2019

PACER
44

SCHEDULING AND MEDIATION ORDER Re: 43 Report of Rule 26(f) Planning Meeting :( Discovery due by 4/30/2021., Dispositive Motions to be filed by 5/28/2021., Mediation Report due by 6/11/2021.), Case referred to mediation. Signed by CHIEF JUDGE MARK E WALKER on 9/9/19. (blb) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
45

RESPONSE in Opposition re 38 MOTION for Protective Order HIPAA Qualified Protective Order filed by FLORIDA DEPARTMENT OF CORRECTIONS, MARK S INCH. (GERBER, DANIEL) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
46

HIPAA QUALIFIED PROTECTIVE ORDER. Plaintiffs' motion for entry of HIPAA Qualified Protective Order is GRANTED as follows. Signed by CHIEF JUDGE MARK E WALKER on 09/19/2019. (rcb) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

RECAP
47

Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Motion Hearing held on 9/19/2019 re 38 MOTION for Protective Order HIPAA Qualified Protective Order. Court hears argument Re: 38 Motion for HIPAA Qualified Protective Order. Order to follow (Court Reporter Megan Hague). (vkm) (Entered: 09/23/2019)

Sept. 19, 2019

Sept. 19, 2019

RECAP
48

Monthly Joint Status Report on Discovery by JEROME BURGESS, JUAN ESPINOSA, J H, JACQUANN MARQUIS HARVARD, JOHNNY HILL, JAMES W. KENDRICK, JR., ANGEL MEDDLER. (FERRO, LAURA) Modified to edit title on 9/30/2019 (rcb). (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

PACER

Set/Reset Deadlines: Status Report due by 10/30/2019. (rcb)

Sept. 30, 2019

Sept. 30, 2019

PACER
49

MOTION for Protective Order Confidentiality Order by JEROME BURGESS, JUAN ESPINOSA, J H, JACQUANN MARQUIS HARVARD, JOHNNY HILL, JAMES W. KENDRICK, JR., ANGEL MEDDLER. (Attachments: # 1 Exhibit Proposed Confidentiality Order, # 2 Exhibit Confidentiality Order from Parrish v. Solis, # 3 Exhibit Confidentiality Order from Copeland v. Jones, # 4 Exhibit Confidentiality Order from Vidal v. FDC) (SALEH, SUMAYYA) (Entered: 10/02/2019)

1 Exhibit Proposed Confidentiality Order

View on PACER

2 Exhibit Confidentiality Order from Parrish v. Solis

View on PACER

3 Exhibit Confidentiality Order from Copeland v. Jones

View on PACER

4 Exhibit Confidentiality Order from Vidal v. FDC

View on PACER

Oct. 2, 2019

Oct. 2, 2019

PACER

Set/Reset Deadlines as to 49 MOTION for Protective Order Confidentiality Order. (Internal deadline for referral to judge if response not filed earlier: 10/17/2019). (rcb)

Oct. 3, 2019

Oct. 3, 2019

PACER
50

ORDER DIRECTING EXPEDITED RESPONSE. Plaintiffs have filed their Motion for Entry of Confidentiality Order. ECF No. 49 . Defendants shall file an expedited response to ECF No. 49 not later than Wednesday, 10/9/2019. See N.D. Fla. Loc. R. 7.1(E). Signed by CHIEF JUDGE MARK E WALKER on 10/03/2019. (rcb) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
51

Defedant's Response and Incorporated Memorandum of Law in Opposition to Plaintiff's Motion for Entry of Confidentiality Order filed by FLORIDA DEPARTMENT OF CORRECTIONS, MARK S INCH. (Attachments: # 1 Proposed Confidentiality Order, # 2 Declaration of Kirkland) (SMITH, NICOLE) Modified to edit title on 10/10/2019 (rcb). (Entered: 10/09/2019)

1 Proposed Confidentiality Order

View on RECAP

2 Declaration of Kirkland

View on PACER

Oct. 9, 2019

Oct. 9, 2019

PACER
52

ORDER DENYING 26 DEFENDANT'S MOTION TO TRANSFER. Therefore, Defendants' motion to transfer venue to the Middle District of Florida, ECF No. 26, is DENIED. Signed by CHIEF JUDGE MARK E WALKER on 10/11/2019. (rcb) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
53

NOTICE of Appearance by SAMANTHA CRAWFORD DUKE on behalf of FLORIDA DEPARTMENT OF CORRECTIONS, MARK S INCH (DUKE, SAMANTHA) (Entered: 10/23/2019)

Oct. 23, 2019

Oct. 23, 2019

PACER
54

ORDER DENYING 28 DEFENDANTS' MOTION TO DISMISS. Defendants have not convinced this Court that dismissal is warranted. Therefore, Defendants' motion to dismiss, ECF No. 28, is DENIED. Signed by CHIEF JUDGE MARK E WALKER on 10/24/2019. (rcb) (Entered: 10/25/2019)

Oct. 24, 2019

Oct. 24, 2019

Clearinghouse
55

STATUS REPORT (Joint) by JEROME BURGESS, JUAN ESPINOSA, J H, JACQUANN MARQUIS HARVARD, JOHNNY HILL, JAMES W. KENDRICK, JR., ANGEL MEDDLER. (FERRO, LAURA) (Entered: 10/30/2019)

Oct. 30, 2019

Oct. 30, 2019

PACER

Set/Reset Deadlines: Status Report due by 11/30/2019. (rcb)

Oct. 31, 2019

Oct. 31, 2019

PACER
56

Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Amended Complaint by FLORIDA DEPARTMENT OF CORRECTIONS, MARK S INCH. (DUKE, SAMANTHA) Modified to correct title on 11/6/2019 (rcb). (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
57

ORDER GRANTING 56 EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT. This Court has considered, without hearing, Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiffs' Amended Complaint. ECF No. 56 . The motion is GRANTED. Defendants may file their responsive pleading to the amended complaint on or before 11/21/2019. Signed by CHIEF JUDGE MARK E WALKER on 11/5/2019. (rcb) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
58

CONFIDENTIALITY ORDER re 49 MOTION for Confidentiality Order. Signed by CHIEF JUDGE MARK E WALKER on 11/5/2019. (vkm) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
59

NOTICE of Appearance by SAM N THYPIN-BERMEO on behalf of All Plaintiffs (THYPIN-BERMEO, SAM) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER
60

Defendant's Unopposed Motion For Leave To Depose Prisoner Plaintiffs by FLORIDA DEPARTMENT OF CORRECTIONS, MARK S INCH. (DUKE, SAMANTHA) Modified to correct on 11/21/2019 (rcb). (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER
61

ORDER GRANTING 60 MOTION FOR LEAVE TO DEPOSE PRISONER PLAINTIFFS. This Court has considered, without hearing, Defendants Unopposed Motion for Leave to Depose Prisoner Plaintiffs. ECF No. 60 . The motion is GRANTED. Defendants may depose the named Plaintiffs who are incarcerated on dates and times mutually agreeable to the parties. Signed by CHIEF JUDGE MARK E WALKER on 11/20/2019. (rcb) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER
62

ANSWER to 13 Amended Complaint by FLORIDA DEPARTMENT OF CORRECTIONS, MARK S INCH. (DUKE, SAMANTHA) (Entered: 11/21/2019)

Nov. 21, 2019

Nov. 21, 2019

PACER
63

NOTICE of Appearance by AIMEE CRISTEN LIM on behalf of All Plaintiffs (LIM, AIMEE) (Entered: 11/22/2019)

Nov. 22, 2019

Nov. 22, 2019

PACER
64

STATUS REPORT on Discovery (Joint) by JEROME BURGESS, JUAN ESPINOSA, J H, JACQUANN MARQUIS HARVARD, JOHNNY HILL, JAMES W. KENDRICK, JR., ANGEL MEDDLER. (FERRO, LAURA) (Entered: 12/02/2019)

Dec. 2, 2019

Dec. 2, 2019

PACER

Set/Reset Deadlines: Status Report due by 1/2/2020. (rcb)

Dec. 3, 2019

Dec. 3, 2019

PACER
65

Plaintiff's Unopposed Motion And Incorporated Memorandum To Request Increased Word Limit by JEROME BURGESS, JUAN ESPINOSA, J H, JACQUANN MARQUIS HARVARD, JOHNNY HILL, JAMES W. KENDRICK, JR., ANGEL MEDDLER. (Attachments: # 1 Motion to Compel, # 2 Exhibit Exhibit A (Liman-ASCA Survey), # 3 Exhibit Exhibit B (Analysis of Segregation Processes), # 4 Exhibit Exhibit C (Long-Term Segregation Team Report), # 5 Exhibit Exhibit D (Procedures Related to Close Management)) (KNAPP, KELLY) Modified to correct title on 12/13/2019 (rcb). (Entered: 12/12/2019)

1 Motion to Compel

View on RECAP

2 Exhibit Exhibit A (Liman-ASCA Survey)

View on PACER

3 Exhibit Exhibit B (Analysis of Segregation Processes)

View on PACER

4 Exhibit Exhibit C (Long-Term Segregation Team Report)

View on PACER

5 Exhibit Exhibit D (Procedures Related to Close Management)

View on PACER

Dec. 12, 2019

Dec. 12, 2019

PACER
66

ORDER GRANTING PLAINTIFFS' MOTION TO INCREASE WORD LIMIT. The motion is GRANTED. However, given the motion's length and the upcoming holidays, this Court will extend the deadline to respond. Defendants shall respond to Plaintiffs' motion by January 06, 2020. (Internal deadline for referral to judge if response not filed earlier: 1/6/2020).). Signed by CHIEF JUDGE MARK E WALKER on 12/12/2019. (rcb) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER
67

MOTION for Protective Order Regarding Deposition Conditions by JEROME BURGESS, JUAN ESPINOSA, J H, JACQUANN MARQUIS HARVARD, JOHNNY HILL, JAMES W. KENDRICK, JR., ANGEL MEDDLER. (Attachments: # 1 Affidavit Declaration of Jac'Quann (Admire) Harvard, # 2 Affidavit Declaration of Johnny Hill, # 3 Affidavit Declaration of Jerome Burgess, # 4 Affidavit Declaration of James Kendrick, # 5 Affidavit Declaration of Jeremiah Hill, # 6 Affidavit Declaration of James Cook) (SALEH, SUMAYYA) (Entered: 12/20/2019)

1 Affidavit Declaration of Jac'Quann (Admire) Harvard

View on PACER

2 Affidavit Declaration of Johnny Hill

View on PACER

3 Affidavit Declaration of Jerome Burgess

View on PACER

4 Affidavit Declaration of James Kendrick

View on PACER

5 Affidavit Declaration of Jeremiah Hill

View on PACER

6 Affidavit Declaration of James Cook

View on PACER

Dec. 20, 2019

Dec. 20, 2019

RECAP
68

Plaintiff Johnny Hill's Motion For Protective Order To Prevent Retaliation and Incorporated Memorandum of Law by JOHNNY HILL. (Attachments: # 1 Affidavit Declaration of Johnny Hill, # 2 Affidavit Declaration of Laura Ferro) (SALEH, SUMAYYA) Modified to edit title on 12/23/2019 (rcb). (Entered: 12/20/2019)

1 Affidavit Declaration of Johnny Hill

View on PACER

2 Affidavit Declaration of Laura Ferro

View on PACER

Dec. 20, 2019

Dec. 20, 2019

RECAP
69

ORDER DIRECTING EXPEDITED RESPONSE - Plaintiffs have filed their Motion for a Protective Order Regarding Deposition Conditions. ECF No. 67 . Defendants shall file a response to Plaintiffs' motion on or before 12/31/2019. The Clerk shall set the motion for hearing at a time during the week of January 6, 2020. Signed by CHIEF JUDGE MARK E WALKER on 12/20/2019. (vkm) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

PACER
70

ORDER DIRECTING EXPEDITED RESPONSE.Plaintiff Johnny Hill has filed his Motion for Protective Order to Prevent Retaliation. ECF No. 68 . Defendants shall file a response to Plaintiff Hill's motion on or before December 31, 2019. See N.D. Fla. Loc. R. 7.1(E). The Clerk shall set the motion for hearing during the week of January 6, 2020. Signed by CHIEF JUDGE MARK E WALKER on 12/23/2019. (rcb) (Entered: 12/23/2019)

Dec. 23, 2019

Dec. 23, 2019

PACER

Set Deadlines/Hearings (Internal deadline for referral to judge if response not filed earlier: 12/31/2019). (rcb)

Dec. 23, 2019

Dec. 23, 2019

PACER
71

NOTICE OF HEARING RE: 67 & 68 MOTIONS for Protective Order. Motion Hearing set for 1/6/2020 01:00 PM before CHIEF JUDGE MARK E WALKER. United States Courthouse, Courtroom 5 West, 111 North Adams St., Tallahassee, Florida 32301. 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 Victoria Milton McGee at 850-521-3510 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
72

RESPONSE in Opposition re 67 MOTION for Protective Order Regarding Deposition Conditions filed by FLORIDA DEPARTMENT OF CORRECTIONS, MARK S INCH. (Attachments: # 1 Affidavit Kirkland) (GERBER, DANIEL) (Entered: 12/31/2019)

1 Affidavit Kirkland

View on PACER

Dec. 31, 2019

Dec. 31, 2019

PACER
73

RESPONSE in Opposition re 68 MOTION for Protective Order to Prevent Retaliation filed by FLORIDA DEPARTMENT OF CORRECTIONS, MARK S INCH. (Attachments: # 1 Interrogatory Responses, # 2 Declaration Masters, # 3 Medical Records, # 4 MINS Report, # 5 Declaration Pugh, # 6 Grievances, # 7 Various Correspondence) (SMITH, NICOLE) (Entered: 12/31/2019)

1 Interrogatory Responses

View on PACER

2 Declaration Masters

View on PACER

3 Medical Records

View on PACER

4 MINS Report

View on PACER

5 Declaration Pugh

View on PACER

6 Grievances

View on PACER

7 Various Correspondence

View on PACER

Dec. 31, 2019

Dec. 31, 2019

PACER
74

STATUS REPORT (Joint on Discovery) by JEROME BURGESS, JUAN ESPINOSA, J H, JACQUANN MARQUIS HARVARD, JOHNNY HILL, JAMES W. KENDRICK, JR., ANGEL MEDDLER. (FERRO, LAURA) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

RECAP
75

STIPULATION on Disciplinary Reports (Joint) by JEROME BURGESS, JUAN ESPINOSA, J H, JACQUANN MARQUIS HARVARD, JOHNNY HILL, JAMES W. KENDRICK, JR., ANGEL MEDDLER. (FERRO, LAURA) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

PACER
76

MOTION for Extension of Time to File Response/Reply as to 66 Order,, Set Deadlines/Hearings, by FLORIDA DEPARTMENT OF CORRECTIONS, MARK S INCH. (DUKE, SAMANTHA) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

RECAP
77

ORDER GRANTING EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' MOTION TO COMPEL AND REQUEST FOR INCREASED WORD LIMIT. This Court has considered, without hearing, Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiffs' Motion to Compel (ECF No. 65 -1) and Request to Increase Word Limit. ECF No. 76 . The motion is GRANTED. Defendants' shall file their response to the Motion to Compel on or before 1/13/2020, and the word limit for the response is increased to 24,000 words. Signed by CHIEF JUDGE MARK E WALKER on 1/2/20. (blb) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

RECAP

Set/Reset Deadlines: Status Report due by 2/3/2020. (blb)

Jan. 3, 2020

Jan. 3, 2020

PACER
78

NOTICE of Filing Declaration of Mashburn by FLORIDA DEPARTMENT OF CORRECTIONS, MARK S INCH re 73 Response in Opposition to Motion, (Attachments: # 1 Declaration) (SMITH, NICOLE) (Entered: 01/03/2020)

1 Declaration

View on RECAP

Jan. 3, 2020

Jan. 3, 2020

PACER
79

NOTICE of Filing Amended Declaration of Mashburn by FLORIDA DEPARTMENT OF CORRECTIONS, MARK S INCH re 73 Response in Opposition to Motion, (Attachments: # 1 Declaration Mashburn) (SMITH, NICOLE) (Entered: 01/06/2020)

1 Declaration Mashburn

View on RECAP

Jan. 6, 2020

Jan. 6, 2020

RECAP
80

Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Motion Hearing held on 1/6/2020. Court hears argument regarding Plaintiffs 67 & 68 Motions for Protective Order. Ruling by Court: 68 Motion taken under advisement. Parties to confer, view video and notify Court on or before 1/20/2020. Order to follow (Court Reporter Megan Hague). (vkm) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

RECAP
81

ORDER DIRECTING PARTIES TO CONFER AND PLAINTIFF HILL TO NOTIFY. This Court has considered, following a hearing on January 06, 2020, Plaintiff Johnny Hill's Motion for Protective Order to Prevent Retaliation. ECF No. 68 . For the reasons stated on the record, this Court will take the motion under advisement. The parties are directed to meet, confer, and review the video in question. After reviewing the video, Plaintiff Hill shall notify this Court whether he intends to move forward with the motion, ECF No. 68, on or before January 20, 2020. (Plaintiff Hill to notify Court As to Posture of ECF 68 Deadline - by 1/20/2020.) Signed by CHIEF JUDGE MARK E WALKER on 01/07/2020. (rcb) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

PACER
82

ORDER GRANTING 67 IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR A PROTECTIVE ORDER REGARDING DEPOSITION CONDITIONS. Plaintiffs motion is, therefore, GRANTED IN PART AND DENIED IN PART. Signed by CHIEF JUDGE MARK E WALKER on 01/07/2020. (rcb) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

Clearinghouse
83

Defendant's Response to Plaintiff's Motion to Compel . (Attachments: # 1 Response Inch, # 2 Response FDC) (SMITH, NICOLE) Modified to edit title on 1/14/2020 (rcb). (Entered: 01/13/2020)

1 Response Inch

View on PACER

2 Response FDC

View on PACER

Jan. 13, 2020

Jan. 13, 2020

PACER
84

Defendant's Motion for Entry of a Protective Order and Incorporated Memorandum of Law by FLORIDA DEPARTMENT OF CORRECTIONS, MARK S INCH. (Attachments: # 1 Declaration Kirkland) (SMITH, NICOLE) Modified to edit title on 1/14/2020 (rcb). (Entered: 01/13/2020)

1 Declaration Kirkland

View on PACER

Jan. 13, 2020

Jan. 13, 2020

RECAP

Case Details

State / Territory: Florida

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Solitary confinement

Multi-LexSum (in sample)

Key Dates

Filing Date: May 8, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Seven prisoners of the Florida Department of Corrections with mental and/or physical disorders.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Southern Poverty Law Center

Florida Justice Institute

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Florida Department of Corrections, State

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

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):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Conditions of confinement

Disability and Disability Rights:

disability, unspecified

Mental impairment

Mobility impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Solitary confinement/Supermax (conditions or process)