Case: Florida D.J.J. v. C.A

97-02423 | Florida state trial court

Filed Date: 1997

Closed Date: 1998

Clearinghouse coding complete

Case Summary

This case involves several consolidated cases in Florida State Court by juveniles who were adjudicated delinquent and committed to the Florida Department of Juvenile Justice. Following orders adjudicating them delinquent, each of the plaintiffs was placed at the Pahokee Youth Development Center, which was designated as a moderate risk facility, and filed motions to modify their commitment orders. The juveniles, who were represented by the Florida Public Defender, sought a modification of the di…

This case involves several consolidated cases in Florida State Court by juveniles who were adjudicated delinquent and committed to the Florida Department of Juvenile Justice. Following orders adjudicating them delinquent, each of the plaintiffs was placed at the Pahokee Youth Development Center, which was designated as a moderate risk facility, and filed motions to modify their commitment orders. The juveniles, who were represented by the Florida Public Defender, sought a modification of the dispositional order, alleging that the placement at the Pahokee facility "was a de facto commitment to a [high-risk] or [maximum-risk] restrictiveness program." The motions complained of the number of beds, the fact that the beds were bolted to the floor, the width and thickness of the mattresses, the clothes the juveniles were required to wear, the haircuts they received, the barbed wire at the perimeter of the facility, the length of the meals, the amount of visitation, and the insufficient "freedom of movement." After consolidating the cases, the Circuit Court of Dade County (Judge Steven D. Robinson) held that the question presented was whether the Pahokee facility met the statutory definition of a "moderate-risk" facility. The court found that the Pahokee facility did not meet the statutory definition of "moderate-risk" and held that the Department of Juvenile Justice did not have the authority to place the juveniles at that facility.

The Department of Juvenile Justice appealed, arguing that the trial court exceeded its authority and did not have the power to prohibit the department from placing the juveniles at a particular facility. The District Court of Appeals of Florida (per curiam) agreed with the Department of Juvenile Justice and on November 25, 1998, reversed the decision of the trial court. State, Dept. of Juvenile Justice v. E.R., 724 So.2d 129 (Fla. App. 3 Dist. 1998). The court reasoned that the juveniles' Motion to Modify Sentence was not argued as such and the order entered went well beyond the modification of the juveniles' sentences. Further, it held that the trial court usurped the Department of Juvenile Justice's statutory authority.

The only documents we have are two appellate briefs and the 1998 decision of the appeals court. This case does not appear to be ongoing.

Summary Authors

Kaitlin Corkran (6/5/2006)


Attorneys(s) for Plaintiff

Botkin, Leon (Florida)

Brummer, Bennett H. (Florida)

Milla, John (Florida)

Rosenthal, Bruce A. (Florida)

Attorneys(s) for Defendant

Butterworth, Robert A. (Florida)

Neimand, Michael J. (Florida)

Attorneys(s) for Plaintiff

Botkin, Leon (Florida)

Brummer, Bennett H. (Florida)

Milla, John (Florida)

Rosenthal, Bruce A. (Florida)

Attorneys(s) for Defendant

Butterworth, Robert A. (Florida)

Neimand, Michael J. (Florida)

Documents in the Clearinghouse

Document

97-3505

95-1053

98-64

96-5493

96-4459

97-1864

95-8256

96-8450

96-8581

Appellant's Amended Initial Brief

Florida state appellate court

May 19, 1998

May 19, 1998

Pleading / Motion / Brief

98-64

Answer Brief of Appellees

Florida state appellate court

July 28, 1998

July 28, 1998

Pleading / Motion / Brief

97-3505

98-64

Reported Opinion

State, Department of Juvenile Justice v. E.R.

Florida state appellate court

724 So.2d 129

Nov. 25, 1998

Nov. 25, 1998

Order/Opinion

Resources

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Florida

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: 1997

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

by juveniles who were adjudicated delinquent and placed at the Pahokee Youth Development Center

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Outcome: Unknown

Defendants

Florida Department of Juvenile Justice (Dade), State

Case Details

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General:

Classification / placement

Food service / nutrition / hydration

Over/Unlawful Detention

Totality of conditions

Visiting

Affected Gender:

Male

Type of Facility:

Government-run