Case: G.H. v. Marstiller

4:19-cv-00431 | U.S. District Court for the Northern District of Florida

Filed Date: Sept. 4, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 4, 2019, three minors represented by their legal guardians filed a complaint against the Florida Department of Juvenile Justice (DJJ) in the United States District Court for the Northern District of Florida. The plaintiffs, represented by lawyers from the Southern Poverty Law Center, Florida Justice Institute, and Florida Legal Services, sought class action certification to represent several thousand juveniles (and several hundred in a subclass of juveniles with disabilities) who w…

On September 4, 2019, three minors represented by their legal guardians filed a complaint against the Florida Department of Juvenile Justice (DJJ) in the United States District Court for the Northern District of Florida. The plaintiffs, represented by lawyers from the Southern Poverty Law Center, Florida Justice Institute, and Florida Legal Services, sought class action certification to represent several thousand juveniles (and several hundred in a subclass of juveniles with disabilities) who were or would be in custody in a Florida Department of Juvenile Justice operated secure detention center and subjected to solitary confinement. The plaintiffs alleged that through policy and practice, the DJJ subjected children to solitary confinement, often repeatedly and without any time limit. The plaintiffs cited scientific material that discusses the side effects of isolation: trauma, depression, anxiety, an increased risk of suicide and self-harm, and permanent interference with development. The plaintiffs also alleged that the DJJ failed to provide mental health exams prior to confinement and failed to provide meaningful mental health services during confinement to prevent the onset or exacerbation of mental illness. The plaintiffs brought claims of Eighth and Fourteenth Amendment violations under 42 U.S.C. § 1983, and claims under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The plaintiff class sought declaratory and injunctive relief requiring defendants to cease the statewide policy and practice of using solitary confinement in secure detention centers.

On October 28, 2019, the defendants filed to dismiss the case by arguing that the plaintiffs did not have a right of action. According to the defendants, the plaintiffs' complaint alleged entitlement to much more than the law required and failed to provide sufficient facts regarding the policy or actual injury from it.

Judge Mark E. Walker denied the motion to dismiss on December 6, 2019, saying that the plaintiffs alleged actionable complaints on the quality of prison conditions and the awareness by Department of Juvenile Justice officials of the conditions. 424 F.Supp.3d 1109.

Judge Walker referred this case to mediation on December 17, 2019. Mediation talks are ongoing as of May 25, 2020.

Summary Authors

Richa Bijlani (10/28/2019)

Ellen Aldin (5/25/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16155451/parties/gh-v-department-of-juvenile-justice/


Judge(s)

Hinkle, Robert Lewis (Florida)

Walker, Mark Eaton (Florida)

Attorneys(s) for Plaintiff

Agarwal, Shalini Goel (Florida)

Costello, Andrea Hope (Florida)

Ferro, Laura Anne (Florida)

Graybill, Lisa S. (Louisiana)

Jones, Christopher Michael (Florida)

Knapp, Kelly Jean (Florida)

Laurenceau, Leonard J. (Florida)

Lilavois, Marcel Andrew Jr. (Florida)

Judge(s)

Hinkle, Robert Lewis (Florida)

Walker, Mark Eaton (Florida)

Attorneys(s) for Plaintiff

Agarwal, Shalini Goel (Florida)

Costello, Andrea Hope (Florida)

Ferro, Laura Anne (Florida)

Graybill, Lisa S. (Louisiana)

Jones, Christopher Michael (Florida)

Knapp, Kelly Jean (Florida)

Laurenceau, Leonard J. (Florida)

Lilavois, Marcel Andrew Jr. (Florida)

Lim, Aimee Cristen (Florida)

Painter, Jennifer Morrissey (Florida)

Thypin-Bermeo, Sam N. (Florida)

Trevisani, Dante Pasquale (Florida)

Attorneys(s) for Defendant

Aranda, Robert J. (Florida)

Campbell, Henry B. (Florida)

Davis, Barbara William (Florida)

Mitchell, Elliott Van (Florida)

Tamayo, John Marc (Florida)

Trohn, Jonathan Barnet (Florida)

Vasquez, Jennifer Megan (Florida)

Documents in the Clearinghouse

Document

Docket [PACER]

GH v. Marstiller

May 28, 2020 Docket
2

Class Action Complaint

GH v. Marstiller

Sept. 5, 2019 Complaint
22

Order Denying Defendants' Motion to Dismiss, and Alternatively, Motion for a More Definite Statement

424 F.Supp.3d 1109

Dec. 6, 2019 Order/Opinion
157

Order Certifying a Class and Subclass

G.H. v. Tamayo

2021 WL 5150050

Oct. 22, 2021 Order/Opinion
169

Order Confirming the Order Compelling Discovery

G.H. v. Department of Juvenile Justice

Nov. 18, 2021 Order/Opinion

Resources

Title Description External URL

G.H. v. Marstiller

Florida Justice Institute

The Florida Department of Juvenile Justice (DJJ) places hundreds of children in solitary confinement on any given day. The FJI, Southern Poverty Law Center, and Florida Legal Services filed a federal… Dec. 12, 2020 https://www.floridajusticeinstitute.org/...

G.H., et al. V. Tamayo, et al.

Southern Poverty Law Center

The Florida Department of Juvenile Justice (DJJ) places hundreds of children in solitary confinement on any given day. The SPLC, Florida Legal Services and the Florida Justice Institute filed a feder… Oct. 22, 2021 https://www.splcenter.org/...

The Caged Canary

Elizabeth Alexander

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, pa… Dec. 1, 2008 http://scholarship.law.wm.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16155451/gh-v-department-of-juvenile-justice/

Last updated May 20, 2022, 5:11 a.m.

ECF Number Description Date Link
1

CIVIL COVER SHEET. (COSTELLO, ANDREA) (Entered: 09/04/2019)

Sept. 4, 2019 RECAP
2

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number AFLNDC-4610560.), filed by GH, BW, RL. (Attachments: # 1 SUMMONS FOR SIMONE MARSTILLER, # 2 SUMMONS FOR DEPARTMENT OF JUVENILE JUSTICE) (COSTELLO, ANDREA) (Entered: 09/05/2019)

1 SUMMONS FOR SIMONE MARSTILLER

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2 SUMMONS FOR DEPARTMENT OF JUVENILE JUSTICE

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Sept. 5, 2019 RECAP
3

NOTICE Regarding Electronic Filing and Attorney Admissions Requirements mailed to LEONARD J LAURENCEAU. (blb) (Entered: 09/05/2019)

Sept. 5, 2019 PACER

Set Deadlines: Attorney LAURENCEAU Admissions due by 9/19/2019. (blb)

Sept. 5, 2019 PACER
4

First MOTION to Appear Pro Hac Vice by Lisa Graybill.( Filing fee $ 201 receipt number AFLNDC-4611170.) by BW, GH, RL. (Attachments: # 1 Certificate of Good Standing) (GRAYBILL, LISA) (Entered: 09/05/2019)

1 Certificate of Good Standing

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Sept. 5, 2019 PACER
5

ORDER ADMITTING LISA GRAYBILL PRO HAC VICE. This Court has considered, without hearing, the Motion for Leave to Appear Pro Hac Vice of Lisa Graybill. ECF No. 4 . The motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 9/5/19. (blb) (Entered: 09/05/2019)

Sept. 5, 2019 PACER

Set Deadlines/Hearings Status Report due by 10/5/2019. (blb)

Sept. 5, 2019 PACER
6

Summons Issued as to DEPARTMENT OF JUVENILE JUSTICE, SIMONE MARSTILLER. (Attachments: # 1 Fl Dept of Juv. Justice Summons) (toy) (Entered: 09/13/2019)

1 Fl Dept of Juv. Justice Summons

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Sept. 13, 2019 PACER
7

NOTICE of Appearance by DANTE PASQUALE TREVISANI on behalf of BW, GH, RL (TREVISANI, DANTE) (Entered: 09/17/2019)

Sept. 17, 2019 PACER
8

AFFIDAVIT of Service for Complaint and Summons served on Florida Department of Juvenile Justice on 9/13/19, filed by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 09/17/2019)

Sept. 17, 2019 PACER
9

AFFIDAVIT of Service for Summons and Complaint served on Defendant Simone Marstiller on 9/16/19, filed by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 09/17/2019)

Sept. 17, 2019 PACER

Set Deadlines/Hearings DEPARTMENT OF JUVENILE JUSTICE answer due 10/7/2019; SIMONE MARSTILLER answer due 10/7/2019. (blb)

Sept. 18, 2019 PACER
10

MOTION for Extension of Time to File Response/Reply as to 2 Complaint by DEPARTMENT OF JUVENILE JUSTICE. (TROHN, JONATHAN) (Entered: 10/02/2019)

Oct. 2, 2019 PACER
11

ORDER GRANTING EXTENSION OF TIME TO RESPOND TO COMPLAINT. This Court has considered, without hearing, Defendants' Unopposed Motion for Extension of Time to File a Motion to Dismiss. ECF No. 10 . The motion is GRANTED. Defendants shall file their responsive pleading to the complaint on or before 10/28/2019). Signed by CHIEF JUDGE MARK E WALKER on 10/3/19. (blb) (Entered: 10/03/2019)

Oct. 3, 2019 PACER

Set/Reset Deadlines: Status Report due by 11/12/2019. (blb)

Oct. 10, 2019 PACER
12

INITIAL SCHEDULING ORDER : Rule 26 Meeting Report due by 12/6/2019. Discovery due by 2/20/2020. Status Report due by 11/25/2019. Signed by CHIEF JUDGE MARK E WALKER on 10/23/19. (blb) (Entered: 10/23/2019)

Oct. 23, 2019 PACER
13

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION for More Definite Statement ( (Internal deadline for referral to judge if response not filed earlier: 11/12/2019).) by DEPARTMENT OF JUVENILE JUSTICE, SIMONE MARSTILLER. (TROHN, JONATHAN) (Entered: 10/28/2019)

Oct. 28, 2019 RECAP
14

MOTION to Extend Timeto File Motion for Class Certification by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 10/30/2019)

Oct. 30, 2019 PACER
15

ORDER GRANTING EXTENSION OF TIME TO RESPOND TO COMPLAINT. This Court has considered, without hearing, Plaintiffs' Motion to Extend the Deadline for Filing a Motion for Class Certification. ECF No. 14 . The unopposed motion is GRANTED. Plaintiffs may file their motion for class certification on or before 6/5/2020. Signed by CHIEF JUDGE MARK E WALKER on 10/31/19. (blb) (Entered: 10/31/2019)

Oct. 31, 2019 PACER
16

MOTION for Extension of Time to File Response/Reply as to 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for More Definite Statement by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 11/04/2019)

Nov. 4, 2019 PACER
17

ORDER GRANTING EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS. This Court has considered, without hearing, Plaintiffs Unopposed Motion for One Week Extension to Respond to Defendants Motion to Dismiss Plaintiffs Class Action Complaint. ECF No. 16 . The motion is GRANTED. Plaintiffs may respond to Defendants motion to dismiss on or before 11/18/2019). Signed by CHIEF JUDGE MARK E WALKER on 11/5/19. (blb) (Entered: 11/05/2019)

Nov. 5, 2019 PACER
18

MEMORANDUM in Opposition re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for More Definite Statement filed by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 11/18/2019)

Nov. 18, 2019 RECAP
19

NOTICE of Appearance by SAM N THYPIN-BERMEO on behalf of All Plaintiffs (THYPIN-BERMEO, SAM) (Entered: 11/20/2019)

Nov. 20, 2019 PACER
20

STATUS REPORT by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 11/21/2019)

Nov. 21, 2019 PACER

Set/Reset Deadlines: Status Report due by 12/22/2019. (blb)

Nov. 22, 2019 PACER
21

REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Appendix Proposed Schedule of Pretrial and Trial Dates) (COSTELLO, ANDREA) (Entered: 12/02/2019)

1 Appendix Proposed Schedule of Pretrial and Trial Dates

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Dec. 2, 2019 PACER
22

ORDER DENYING DEFENDANTS MOTION TO DISMISS, AND ALTERNATIVELY, MOTION FOR A MORE DEFINITE STATEMENT. Defendants have not convinced this Court that dismissal or a more definite statement is warranted. Therefore, Defendants motion, ECF No. 13, is DENIED. Signed by CHIEF JUDGE MARK E WALKER on 12/6/19. (blb) (Entered: 12/06/2019)

Dec. 6, 2019 RECAP
23

SCHEDULING AND MEDIATION ORDER : Discovery due by 2/15/2021, Dispositive Motions to be filed by 3/30/2021, Mediation Report due by 4/1/2021, Case referred to mediation. Signed by CHIEF JUDGE MARK E WALKER on 12/17/19. (blb) (Entered: 12/18/2019)

Dec. 17, 2019 PACER
24

Defendants' ANSWER to 2 Complaint by DEPARTMENT OF JUVENILE JUSTICE, SIMONE MARSTILLER. (Attachments: # 1 Exhibit A) (TROHN, JONATHAN) (Entered: 12/20/2019)

1 Exhibit A

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Dec. 20, 2019 PACER
25

STATUS REPORT on Discovery by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 12/20/2019)

Dec. 20, 2019 PACER

Set/Reset Deadlines: Status Report due by 1/23/2020. (blb)

Dec. 23, 2019 PACER
26

MOTION for Protective Order (Opposed) for Entry of Proposed Qualified HIPAA Protective Order by BW, GH, RL. (Attachments: # 1 Exhibit Proposed HIPAA Qualified Protective Order, # 2 Exhibit Harvard v. Inch - HIPAA Qualified Protective Order, # 3 Exhibit H.C. v. Bradshaw - HIPAA Qualified Protective Order) (COSTELLO, ANDREA) (Entered: 01/03/2020)

1 Exhibit Proposed HIPAA Qualified Protective Order

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2 Exhibit Harvard v. Inch - HIPAA Qualified Protective Order

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3 Exhibit H.C. v. Bradshaw - HIPAA Qualified Protective Order

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Jan. 3, 2020 PACER
27

ORDER DIRECTING EXPEDITED RESPONSE. Plaintiffs have filed their Opposed Motion for Entry of Qualified HIPAA Protective Order. ECF No. 26 . Defendants must file a response to the motion not later than Friday, 1/10/2020. See N. D. Fla. Loc. R. 7.1(E). Signed by CHIEF JUDGE MARK E WALKER on 1/3/20. (blb) (Entered: 01/03/2020)

Jan. 3, 2020 PACER
28

RESPONSE to Motion re 26 MOTION for Protective Order (Opposed) for Entry of Proposed Qualified HIPAA Protective Order filed by DEPARTMENT OF JUVENILE JUSTICE, SIMONE MARSTILLER. (TROHN, JONATHAN) (Entered: 01/08/2020)

Jan. 8, 2020 PACER
29

HIPAA QUALIFIED PROTECTIVE ORDER. Plaintiffs' motion for entry of HIPAA Qualified Protective Order, ECF No. 26, is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 1/9/20. (blb) (Entered: 01/09/2020)

Jan. 9, 2020 PACER
30

NOTICE of Appearance by AIMEE CRISTEN LIM on behalf of All Plaintiffs (LIM, AIMEE) (Entered: 01/15/2020)

Jan. 15, 2020 PACER
31

STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 01/23/2020)

Jan. 23, 2020 PACER

Set/Reset Deadlines: Status Report due by 2/24/2020. (blb)

Jan. 24, 2020 PACER
32

NOTICE of Appearance by MARCEL ANDREW LILAVOIS, JR on behalf of All Plaintiffs (LILAVOIS, MARCEL) (Entered: 02/21/2020)

Feb. 21, 2020 PACER
33

STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 02/24/2020)

Feb. 24, 2020 PACER

Set/Reset Deadlines: Status Report due by 3/25/2020. (blb)

Feb. 25, 2020 PACER
34

NOTICE of Appearance by JENNIFER MEGAN VASQUEZ on behalf of All Defendants (VASQUEZ, JENNIFER) (Entered: 02/28/2020)

Feb. 28, 2020 PACER
35

Joint MOTION Entry of Proposed Confidentiality Order by BW, GH, RL. (Attachments: # 1 Exhibit Proposed Confidentiality Order) (COSTELLO, ANDREA) (Entered: 03/02/2020)

1 Exhibit Proposed Confidentiality Order

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March 2, 2020 RECAP
36

CONFIDENTIALITY ORDER. This Court has considered, without hearing, the parties' Joint Motion for Entry of Confidentiality Order. ECF No. 35 . For the reasons provided in the motion, this Court finds good cause under Federal Rule of Civil Procedure 26(c). The motion is, therefore, GRANTED.Signed by CHIEF JUDGE MARK E WALKER on 3/3/20. (blb) (Entered: 03/04/2020)

March 3, 2020 PACER
37

MOTION to Quash Non-Party Subpoenas and for a Protective order with Incorporated Memorandum of Law by BW, GH, RL. (Attachments: # 1 Exhibit Subpoena re G.H., # 2 Exhibit Subpoena re G.H., # 3 Exhibit Subpoena re G.H., # 4 Exhibit Subpoena re G.H., # 5 Exhibit Subpoena re G.H., # 6 Exhibit Subpoena re G.H., # 7 Exhibit Subpoena re R.L., # 8 Exhibit Subpoena re R.L., # 9 Exhibit Subpoena re R.L., # 10 Exhibit Subpoena re R.L., # 11 Exhibit Subpoena re R.L., # 12 Exhibit Subpoena re R.L., # 13 Exhibit Subpoena re R.L., # 14 Exhibit Subpoena re R.L., # 15 Exhibit Subpoena re R.L., # 16 Exhibit Subpoena re R.L., # 17 Exhibit Subpoena re R.L., # 18 Exhibit Subpoena re R.L., # 19 Exhibit Subpoena re R.L., # 20 Exhibit Subpoena re R.L., # 21 Exhibit Subpoena re B.W., # 22 Exhibit Subpoena re B.W., # 23 Exhibit Subpoena re B.W., # 24 Exhibit Subpoena re B.W., # 25 Exhibit Subpoena re B.W., # 26 Exhibit Subpoena re B.W., # 27 Exhibit Subpoena re B.W., # 28 Exhibit Subpoena re B.W.) (COSTELLO, ANDREA) (Entered: 03/05/2020)

1 Exhibit Subpoena re G.H.

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2 Exhibit Subpoena re G.H.

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3 Exhibit Subpoena re G.H.

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4 Exhibit Subpoena re G.H.

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5 Exhibit Subpoena re G.H.

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6 Exhibit Subpoena re G.H.

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7 Exhibit Subpoena re R.L.

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8 Exhibit Subpoena re R.L.

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9 Exhibit Subpoena re R.L.

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10 Exhibit Subpoena re R.L.

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11 Exhibit Subpoena re R.L.

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12 Exhibit Subpoena re R.L.

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13 Exhibit Subpoena re R.L.

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14 Exhibit Subpoena re R.L.

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15 Exhibit Subpoena re R.L.

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16 Exhibit Subpoena re R.L.

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17 Exhibit Subpoena re R.L.

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18 Exhibit Subpoena re R.L.

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19 Exhibit Subpoena re R.L.

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20 Exhibit Subpoena re R.L.

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21 Exhibit Subpoena re B.W.

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22 Exhibit Subpoena re B.W.

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23 Exhibit Subpoena re B.W.

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24 Exhibit Subpoena re B.W.

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25 Exhibit Subpoena re B.W.

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26 Exhibit Subpoena re B.W.

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27 Exhibit Subpoena re B.W.

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28 Exhibit Subpoena re B.W.

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March 5, 2020 PACER
38

ORDER REQUIRING EXPEDITED RESPONSE. On March 5, 2020, Plaintiffs moved to Quash Non-Party Subpoenas and for a Protective Order. ECF No. 37 . Defendants are ordered to respond to Plaintiffs' motion on or before 3/13/2020. Signed by CHIEF JUDGE MARK E WALKER on 3/6/20. (blb) (Entered: 03/06/2020)

March 6, 2020 PACER
39

RESPONSE in Opposition re 37 MOTION to Quash Non-Party Subpoenas and for a Protective order with Incorporated Memorandum of Law filed by DEPARTMENT OF JUVENILE JUSTICE, SIMONE MARSTILLER. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (TROHN, JONATHAN) (Entered: 03/13/2020)

1 Exhibit A

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2 Exhibit B

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March 13, 2020 PACER
40

ORDER ON PLAINTIFFS' MOTION TO QUASH SUBPOENA AND MOTION FOR A PROTECTIVE ORDER. This Court has considered, without hearing, Plaintiffs' Motion to Quash Non-Party Subpoenas and Motion for a Protective Order. ECF No. 37 . For the reasons stated in this order, Plaintiffs' motion is GRANTED IN PART AND DENIED IN PART.Signed by CHIEF JUDGE MARK E WALKER on 3/24/20. (blb) (Entered: 03/24/2020)

March 24, 2020 PACER
41

STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 03/25/2020)

March 25, 2020 PACER

Set/Reset Deadlines: Status Report due by 4/25/2020. (blb)

March 25, 2020 PACER
42

Joint MOTION to Extend Time/Modify the Scheduling Order (ECF 23) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 04/22/2020)

April 22, 2020 PACER
43

STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 04/24/2020)

April 24, 2020 PACER
44

ORDER AMENDING SCHEDULING AND MEDIATION ORDER. This Court has considered, without hearing, the Joint Motion to Modify Scheduling Order. ECF No. 42 . The motion is GRANTED and this Court amends the Scheduling and Mediation Order of December 17, 2019, ECF No. 23, by accepting the proposed deadlines as set forth in this order. Signed by CHIEF JUDGE MARK E WALKER on 4/24/20. (blb) Discovery due by 7/2/2021, Dispositive Motions to be filed by 8/30/2021. (Entered: 04/24/2020)

April 24, 2020 RECAP

Set/Reset Deadlines: Status Report due by 5/27/2020. (blb)

April 27, 2020 PACER
45

STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 05/27/2020)

May 27, 2020 PACER

Set/Reset Deadlines: Status Report due by 6/28/2020. (blb)

May 28, 2020 PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re Status Report Deadline. Status Report due by 6/28/2020, none filed. (blb)

June 29, 2020 PACER
46

STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 06/29/2020)

June 29, 2020 PACER

Set/Reset Deadlines: Status Report due by 7/30/2020. (blb)

June 30, 2020 PACER
47

STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 07/29/2020)

July 29, 2020 PACER

Set/Reset Deadlines: Status Report due by 8/30/2020. (blb)

July 30, 2020 PACER
48

MOTION to Designate Documents as Confidential by DEPARTMENT OF JUVENILE JUSTICE, SIMONE MARSTILLER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Errata G) (TROHN, JONATHAN) (Entered: 07/31/2020)

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 Errata G

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July 31, 2020 PACER
49

ORDER DIRECTING EXPEDITED RESPONSE. Defendants have filed their Motion to Designate Documents as Confidential. ECF No. 48 . Plaintiffs must file a response to the motion not later than Monday, 8/10/2020). Signed by CHIEF JUDGE MARK E WALKER on 8/3/20. (blb) (Entered: 08/03/2020)

Aug. 3, 2020 PACER
50

MEMORANDUM in Opposition re 48 MOTION to Designate Documents as Confidential filed by BW, GH, RL. (Attachments: # 1 Exhibit Department of Juvenile Justice Public Records Confinement Data (excerpts), # 2 Exhibit Department of Juvenile Justice Public Records Confinement Data Summaries, # 3 Exhibit Emails Between Counsel re: Confidentiality Designation) (COSTELLO, ANDREA) (Entered: 08/10/2020)

1 Exhibit Department of Juvenile Justice Public Records Confinement Data (excerpts

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2 Exhibit Department of Juvenile Justice Public Records Confinement Data Summaries

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3 Exhibit Emails Between Counsel re: Confidentiality Designation

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Aug. 10, 2020 PACER
51

NOTICE of Appearance by RACHEL MALKOWSKI ORTIZ on behalf of All Plaintiffs (ORTIZ, RACHEL) (Entered: 08/11/2020)

Aug. 11, 2020 PACER
52

ORDER ON DEFENDANTS' MOTION TO DESIGNATE DOCUMENTS AS CONFIDENTIAL. For the reasons provided, the motion 48 is GRANTED in part and DENIED in part. CHIEF JUDGE MARK E WALKER on 8/14/20. (blb) (Entered: 08/14/2020)

Aug. 14, 2020 RECAP
53

STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 08/26/2020)

Aug. 26, 2020 PACER

Set/Reset Deadlines: Status Report due by 9/27/2020. (blb)

Aug. 27, 2020 PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: Status Report due by 9/27/2020. None filed. (blb)

Sept. 28, 2020 PACER
54

STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 09/28/2020)

Sept. 28, 2020 PACER

Set/Reset Deadlines: Status Report due by 10/28/2020. (blb)

Sept. 28, 2020 PACER
55

Joint MOTION to Extend Time/Modify the Amended Scheduling Order (ECF 44) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 10/07/2020)

Oct. 7, 2020 PACER
56

ORDER GRANTING MOTION TO MODIFY SCHEDULING ORDER. This Court has considered, without hearing, the parties' Second Joint Motion to Modify Scheduling Order. ECF No. 55 . For the reasons provided in the motion, the motion is GRANTED. An amended scheduling order will follow this Order. Signed by CHIEF JUDGE MARK E WALKER on 10/7/20. (blb) (Entered: 10/07/2020)

Oct. 7, 2020 PACER
57

SECOND AMENDED SCHEDULING AND MEDIATION ORDER. This Court recently granted the joint motion to modify the amended scheduling order. See ECF No. 56 . Accordingly, this Court amends the Amended Scheduling and Mediation Order of April 24, 2020, ECF No. 44, by accepting the proposed deadlines. Signed by CHIEF JUDGE MARK E WALKER on 10/9/20. Discovery due by 12/17/2021, Dispositive Motions to be filed by 3/1/2022. (blb) (Entered: 10/09/2020)

Oct. 9, 2020 PACER
58

MOTION to Compel Conditions for Plaintiffs' Request for Entry Onto Land and for Rule 34 Inspection with Incorporated Memorandum of Law by BW, GH, RL. (Attachments: # 1 Exhibit Declaration of Andrea Costello, # 2 Exhibit Composite of Emails and Authorizations (redacted), # 3 Exhibit Declaration of Dr. Louis Kraus, # 4 Exhibit Order in Hughes v. Judd) (COSTELLO, ANDREA) (Entered: 10/09/2020)

1 Exhibit Declaration of Andrea Costello

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2 Exhibit Composite of Emails and Authorizations (redacted)

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3 Exhibit Declaration of Dr. Louis Kraus

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4 Exhibit Order in Hughes v. Judd

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Oct. 9, 2020 PACER
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ORDER REQUIRING EXPEDITED RESPONSE. On October 9, 2020, Plaintiffs filed a Motion to Compel Conditions for Plaintiffs' Request for Entry onto Land for Rule 34 Inspection. ECF No. 58 . Defendants shall file a response on or before 10/16/2020. Signed by CHIEF JUDGE MARK E WALKER on 10/13/20. (blb) (Entered: 10/13/2020)

Oct. 13, 2020 PACER
60

RESPONSE in Opposition re 58 MOTION to Compel Conditions for Plaintiffs' Request for Entry Onto Land and for Rule 34 Inspection with Incorporated Memorandum of Law filed by DEPARTMENT OF JUVENILE JUSTICE, SIMONE MARSTILLER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (TROHN, JONATHAN) (Entered: 10/16/2020)

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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Oct. 16, 2020 PACER
61

MOTION for Leave to File re 60 Response in Opposition to Motion, for Leave to File Reply Memorandum by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 10/18/2020)

Oct. 18, 2020 PACER
62

ORDER GRANTING LEAVE TO REPLYThis Court has considered, without hearing, Plaintiffs' Motion for Leave to File Reply. ECF No. 61 . The motion is GRANTED. Plaintiffs shall file a reply on or before 10/23/2020. Signed by CHIEF JUDGE MARK E WALKER on 10/19/20. (blb) (Entered: 10/19/2020)

Oct. 19, 2020 PACER
63

REPLY to Response to Motion re 58 MOTION to Compel Conditions for Plaintiffs' Request for Entry Onto Land and for Rule 34 Inspection with Incorporated Memorandum of Law filed by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 10/23/2020)

Oct. 23, 2020 PACER
64

STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 10/29/2020)

Oct. 29, 2020 PACER

Set/Reset Deadlines: Status Report due by 11/29/2020. (blb)

Oct. 29, 2020 PACER
65

NOTICE OF TELEPHONIC HEARING: Telephonic Status Conference set for 11/5/2020 09:00 AM 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. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as a hearing impairment, 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: 10/30/2020)

Oct. 30, 2020 PACER
66

NOTICE OF TELEPHONIC HEARING RE: 58 MOTION to Compel Conditions for Plaintiffs' Request for Entry Onto Land and for Rule 34 Inspection with Incorporated Memorandum of Law: Telephonic Motion Hearing set for 11/5/2020 11:00 AM 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. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as a hearing impairment, 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: 11/03/2020)

Nov. 3, 2020 PACER
67

Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Motion Hearing held on 11/5/2020. Court hears argument re: 58 Motion to Compel. Ruling by Court: Parties are to cancel next week's inspections. Defendants' brief re: Rule 34 due by 11/19/2020. Plaintiffs' response due by 11/27/2020. Clerk to set for an expedited telephonic hearing after briefs are filed (Court Reporter Megan Hague). (vkm) (Entered: 11/05/2020)

Nov. 5, 2020 PACER
68

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of telephonic Proceedings held on 11/5/2020, before Judge Mark E. Walker. Court Reporter/Transcriber Megan A. Hague, Telephone number 850-422-0011. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/16/2020. Release of Transcript Restriction set for 2/16/2021. (mah) (Entered: 11/09/2020)

Nov. 9, 2020 PACER
69

RESPONSE in Opposition re 58 MOTION to Compel Conditions for Plaintiffs' Request for Entry Onto Land and for Rule 34 Inspection with Incorporated Memorandum of Law Supplemental Brief filed by DEPARTMENT OF JUVENILE JUSTICE, SIMONE MARSTILLER. (Attachments: # 1 Exhibit "A") (TROHN, JONATHAN) (Entered: 11/19/2020)

1 Exhibit "A"

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Nov. 19, 2020 PACER
70

ORDER REQUIRING ADDITIONAL BRIEFING. Defendants shall file additional briefing on or before 11/24/2020. If Defendants need more time, they can file for an extension. If Plaintiffs need additional time to respond, they can also file for an extension. Signed by CHIEF JUDGE MARK E WALKER on 11/20/20. (blb) (Entered: 11/20/2020)

Nov. 20, 2020 PACER
71

RESPONSE in Opposition re 58 MOTION to Compel Conditions for Plaintiffs' Request for Entry Onto Land and for Rule 34 Inspection with Incorporated Memorandum of Law Additional Supplemental Briefing filed by DEPARTMENT OF JUVENILE JUSTICE, SIMONE MARSTILLER. (TROHN, JONATHAN) (Entered: 11/24/2020)

Nov. 24, 2020 PACER
72

STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 11/25/2020)

Nov. 25, 2020 PACER
73

NOTICE of Withdrawal of Plaintiffs' Motion to Compel Conditions for Plaintiffs' Request for Entry Onto Land and for Rule 34 Inspection by BW, GH, RL re 58 MOTION to Compel Conditions for Plaintiffs' Request for Entry Onto Land and for Rule 34 Inspection with Incorporated Memorandum of Law (COSTELLO, ANDREA) (Entered: 11/25/2020)

Nov. 25, 2020 PACER

Set/Reset Deadlines: Status Report due by 12/29/2020. (blb)

Nov. 29, 2020 PACER
74

ORDER DENYING MOTION TO COMPEL AS MOOT. This Court has considered, following a hearing and supplemental briefing, Plaintiff's Motion to Compel. ECF No. 58 . Inasmuch as Plaintiff has withdrawn the motion, ECF No. 73, Plaintiff's Motion to Compel, ECF No. 58, is DENIED as moot. Signed by CHIEF JUDGE MARK E WALKER on 11/30/20. (blb) (Entered: 11/30/2020)

Nov. 30, 2020 PACER
75

First MOTION to Appear Pro Hac Vice by Kara Sheli Wallis.( Filing fee $ 208 receipt number AFLNDC-5822766.) by BW, GH, RL. (Attachments: # 1 Exhibit NYS Certificate of Good Standing - Wallis, Kara - Nov. 24, 2020) (WALLIS, KARA) (Entered: 12/09/2020)

1 Exhibit NYS Certificate of Good Standing - Wallis, Kara - Nov. 24, 2020

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Dec. 9, 2020 PACER
76

ORDER ADMITTING KARA WALLIS PRO HAC VICE. This Court has considered, without hearing, the Motion for Admission Pro Hac Vice of Kara Wallis. ECF No. 75 . The motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 12/9/20. (blb) (Entered: 12/09/2020)

Dec. 9, 2020 PACER
77

MOTION to Withdraw as Attorney by BW, GH, RL. (LAURENCEAU, LEONARD) (Entered: 12/11/2020)

Dec. 11, 2020 PACER
78

ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL. This Court has considered, without hearing, the motion to withdraw Lisa Graybill and Shalini Goel Agarwal as co-counsels for Plaintiffs, ECF No. 77 . This motion is, therefore, GRANTED. The Clerk shall disconnect Ms. Graybill and Ms. Agarwal from CM/ECF on this matter. Signed by CHIEF JUDGE MARK E WALKER on 12/11/2020. (kjw) * Attorneys SHALINI GOEL AGARWAL and LISA S GRAYBILL terminated. (Entered: 12/11/2020)

Dec. 11, 2020 PACER
79

STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 12/22/2020)

Dec. 22, 2020 PACER

Set Deadline - Status Report due by 1/22/2021. (cle)

Dec. 22, 2020 PACER
80

STIPULATION for Entry Onto Land for Inspection by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 12/23/2020)

Dec. 23, 2020 PACER

State / Territory: Florida

Case Type(s):

Juvenile Institution

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: Sept. 4, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three minors seeking to represent a class consisting of children, including a subclass of disabled juveniles, who are, or will be, in custody in a Florida Department of Juvenile Justice operated secure detention center and subject to solitary confinement.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Florida Justice Institute

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Secretary of the Florida Department of Juvenile Justice (Tallahassee City, Leon), State

Department of Juvenile Justice (Tallahassee City, Leon), State

Defendant Type(s):

Law-enforcement

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

Due Process

Availably 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:

Conditions of confinement

Confinement/isolation

Juveniles

Pattern or Practice

Reasonable Accommodations

Reasonable Modifications

Recreation / Exercise

Suicide prevention

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Medical/Mental Health:

Mental health care, general

Self-injurious behaviors

Suicide prevention

Type of Facility:

Government-run