Case: Wilson v. Dixon

1:24-cv-24253 | U.S. District Court for the Southern District of Florida

Filed Date: Oct. 31, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a putative class action lawsuit about heat-related prison conditions in Florida. A group of people incarcerated at Dade Correctional Institution (DCI) filed this lawsuit on October 31, 2024 in the US District Court for the Southern District of Florida against the Florida Department of Corrections, the Secretary of the Florida Department of Corrections, and the warden of DCI. Represented by the Florida Justice Institute, the plaintiffs alleged that stifling heat at DCI (a concrete prison…

This is a putative class action lawsuit about heat-related prison conditions in Florida. A group of people incarcerated at Dade Correctional Institution (DCI) filed this lawsuit on October 31, 2024 in the US District Court for the Southern District of Florida against the Florida Department of Corrections, the Secretary of the Florida Department of Corrections, and the warden of DCI. Represented by the Florida Justice Institute, the plaintiffs alleged that stifling heat at DCI (a concrete prison without air conditioning) had contributed to four deaths and subjected prisoners to cruel and unusual punishment. The plaintiffs sued under 42 U.S.C. § 1983, alleging Eighth Amendment violations, as well as under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The plaintiffs alleged that the defendants had exhibited deliberate indifference to the substantial risk of serious harm posed by excessive heat, lack of air conditioning, and poor ventilation and had failed to take reasonable steps to improve conditions. They also alleged that the defendants failed to take precautions to protect heat-sensitive prisoners with disabilities. The plaintiffs sought a declaratory judgment, preliminary and permanent injunctions, and attorneys' fees.

The case was assigned to Senior Judge Paul C. Huck. On November 2, 2024, plaintiffs moved to certify a class of everyone detained at DCI currently or in the future, as well as two subclasses: one for people who were more susceptible to heat-related illness or were over 65, and one for people with disabilities that put them at increased risk of harm from heat. The defendants moved to dismiss the case the following month, on December 17. 

On May 28, 2025, the Court issued an order denying defendants’ motion to dismiss, which sought to dismiss all counts in the complaint, and alleged that one of the plaintiffs failed to exhaust administrative remedies prior to filing suit. The Court concluded that the plaintiff adequately exhausted all available administrative remedies and that plaintiffs had adequately alleged an eighth amendment claim. Thus, the court allowed the class-action lawsuit to proceed. 


The case was reassigned to Magistrate Judge Enjolique A. Lett on July 30, 2025.


On February 5, 2026, plaintiffs submitted a motion to strike defendants’ expert report alleging that defendants’ expert report was not a rebuttal report because it did not “contradict or rebut” anything stated in the three expert reports that plaintiffs timely produced. Thus, plaintiffs allege that the rebuttal report should be stricken as untimely under FRCP 23(a)(2)(D)(ii). 


On September 26, 2025, the Court issued an Order granting plaintiff’s motion to certify a class.  The class was defined as: 

“all current and future prisoners” at Dade Correctional Institution, with two subclasses: a Heat Sensitive Subclass as members of the general class who have a physiological condition that places them at an increased risk of heat-related complications, are prescribed certain medications, or are over the age of 65. The Disability Subclass is defined as members of the general class with a significant disability that places them at increased risk of heat-related complications.


The Court found that the class definition was well-defined and ascertainable by looking at precedent and the fact that defendants did not challenge the proposed class definition. The Court also found that the class met the requirements of FRCP Rule 23(a) of numerosity, commonality, typicality, and adequacy. The Court also found that the class satisfied FRCP Rule 23(b)(2) which applies when a single injunction or declaratory judgment would provide relief to each member of the class. The Court also approved the class representatives. 

On May 12, 2026, the court granted plaintiffs’ motion to strike the rebuttal expert report of defendants’ statistical expert, Dr. Frederic Schoenberg. The court agreed that the report was not a proper rebuttal report under Federal Rule of Civil Procedure 26 because it did not rebut opinions contained in plaintiffs’ timely expert disclosures and therefore was untimely. As a result, Dr. Schoeberg’s rebuttal report was excluded from the case. 

Later that month, both parties filed renewed motions addressing class certification. On May 25, 2026, the plaintiffs moved to certify the previously defined general class and two subclasses, relying on an expanded factual record developed during discovery. On May 26, 2026, defendants moved to decertify the classes, arguing that the evidence developed during discovery showed that the requirements of Federal Rule of Civil Procedure 23 were no longer satisfied. 

Also on May 26, 2026, defendants moved for summary judgment, arguing that the evidence did not establish unconstitutional prison conditions or disability discrimination. Plaintiffs filed their opposition on June 22, 2026, contending that discovery demonstrated substantial factual disputes regarding the severity of the heat conditions, defendants’ knowledge of these conditions, and the adequacy of the measures taken to protect incarcerated people, particularly those with heat-sensitive disabilities. 

Throughout May and June 2026, the parties also filed numerous motions challenging expert testimony under Federal Rule of Evidence 702. On July 30, 2026, Magistrate Judge Enjolique A. Lett held a hearing on those motions. As of August 2026, the court had not issued a written ruling. 

On July 14, 2026, the court scheduled a hearing on the competing class certification motions for August 11, 2026, and a reset trial for November 2, 2026.

On July 23, 2026, defendants moved for reconsideration of the court’s May 12, 2026, order striking Dr. Schoenberg’s rebuttal expert report.

As of August 2026, the pending class certification motions, defendants’ summary judgment motion, the expert admissibility motions, and the motion for reconsideration remained pending. The class certification hearing was scheduled for August 11, 2026; the reset trial was scheduled for November 2, 2026.

Summary Authors

Niam Vora (8/6/2026)

Ted Molina (12/3/2024)

Ana Lopez (3/13/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69331400/parties/wilson-v-dixon/


Judge(s)
Attorney for Plaintiff

Barney, Megan L. (Florida)

Cohen, Tabitha Paige (Florida)

Downs, Erica Selig (Florida)

Attorney for Defendant

Brandon, Adam Keith (Florida)

Casbarro, Matthew Keating (Florida)

Documents in the Clearinghouse

Documents in this case
1

1:24-cv-24253

Class Action Complaint

Oct. 31, 2024

Oct. 31, 2024

Complaint
48

1:24-cv-24253

Order

May 28, 2025

May 28, 2025

Order/Opinion
63

1:24-cv-24253

Order

Sept. 26, 2025

Sept. 26, 2025

Order/Opinion
145

1:24-cv-24253

Order

Wilson et al. v. Dixon et al.

May 12, 2026

May 12, 2026

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69331400/wilson-v-dixon/

Last updated Aug. 6, 2026, 12:14 p.m.

Docket for: Wilson v. Dixon
ECF Number Date Description Link
1 Oct. 31, 2024

Complaint pursuant to 42 USC 1983 against Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Filing fee $ 405.00 receipt number AFLSDC-17950117, filed by Dwayne K Wilson, Wheeler Gary, Tyrone B Harris. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s), # 4 Summon(s))(Udelsman, Andrew) (Entered: 10/31/2024)

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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Clearinghouse
2 Oct. 31, 2024

Judge Assignment to Senior Judge Paul C. Huck (ar24) (Entered: 10/31/2024)

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3 Oct. 31, 2024

Summons Issued as to Francisco Acosta, Ricky Dixon, Florida Department of Corrections. (ar24) (Entered: 10/31/2024)

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Oct. 31, 2024

Judge Assignment

4 Nov. 2, 2024

MOTION to Certify Class by Wheeler Gary, Tyrone B Harris, Dwayne K Wilson. Responses due by 11/18/2024. (Attachments: # 1 Exhibit 1 - Kirtman Declaration, # 2 Exhibit 2 - Jones Declaration, # 3 Exhibit 3 - Vassallo Declaration, # 4 Exhibit 4 - Schiavon Declaration, # 5 Exhibit 5 - NCCHC Position Statement, # 6 Exhibit 6 - Bless Declaration, # 7 Exhibit 7 - Wheeler Declaration, # 8 Exhibit 8 - Beaver Declaration, # 9 Exhibit 9 - Thomas Declaration, # 10 Exhibit 10 - Silvis Declaration, # 11 Exhibit 11 - Wilson Declaration, # 12 Exhibit 12 - Powell Declaration, # 13 Exhibit 13 - Ingram Declaration, # 14 Exhibit 14 - Harris Declaration, # 15 Exhibit 15 - Alvarado Declaration, # 16 Exhibit 16 - Llosa Declaration, # 17 Exhibit 17 - HSB 15.03.13)(Trevisani, Dante) (Entered: 11/02/2024)

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5 Nov. 7, 2024

NOTICE of Change of Address/Contact Information; by Dante Pasquale Trevisani (Trevisani, Dante) (Entered: 11/07/2024)

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6 Nov. 7, 2024

CLERK'S NOTICE - Attorney Admissions has updated the address information as submitted through attorneys PACER account for attorney Dante Pasquale Trevisani re 5 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 11/07/2024)

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Nov. 7, 2024

Clerk's Notice - Attorney Admissions

7 Nov. 13, 2024

SUMMONS (Affidavit) Returned Executed on 1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Dwayne K Wilson, Wheeler Gary, Tyrone B Harris. Francisco Acosta served on 11/12/2024, response/answer due 12/3/2024. (Udelsman, Andrew) (Entered: 11/13/2024)

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8 Nov. 13, 2024

SUMMONS (Affidavit) Returned Executed on 1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Dwayne K Wilson, Wheeler Gary, Tyrone B Harris. Ricky Dixon served on 11/5/2024, response/answer due 11/26/2024. (Udelsman, Andrew) (Entered: 11/13/2024)

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9 Nov. 13, 2024

SUMMONS (Affidavit) Returned Executed on 1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Dwayne K Wilson, Wheeler Gary, Tyrone B Harris. Florida Department of Corrections served on 11/5/2024, response/answer due 11/26/2024. (Udelsman, Andrew) (Entered: 11/13/2024)

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10 Nov. 19, 2024

NOTICE of Attorney Appearance by Raymond Frederick Treadwell on behalf of Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Attorney Raymond Frederick Treadwell added to party Francisco Acosta(pty:dft), Attorney Raymond Frederick Treadwell added to party Ricky Dixon(pty:dft), Attorney Raymond Frederick Treadwell added to party Florida Department of Corrections(pty:dft). (Treadwell, Raymond) (Entered: 11/19/2024)

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11 Nov. 19, 2024

NOTICE of Attorney Appearance by Paul Courtney Huck, Jr on behalf of Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Attorney Paul Courtney Huck, Jr added to party Francisco Acosta(pty:dft), Attorney Paul Courtney Huck, Jr added to party Ricky Dixon(pty:dft), Attorney Paul Courtney Huck, Jr added to party Florida Department of Corrections(pty:dft). (Huck, Paul) (Entered: 11/19/2024)

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12 Nov. 19, 2024

NOTICE of Attorney Appearance by Mathew Daniel Gutierrez on behalf of Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Attorney Mathew Daniel Gutierrez added to party Francisco Acosta(pty:dft), Attorney Mathew Daniel Gutierrez added to party Ricky Dixon(pty:dft), Attorney Mathew Daniel Gutierrez added to party Florida Department of Corrections(pty:dft). (Gutierrez, Mathew) (Entered: 11/19/2024)

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13 Nov. 19, 2024

NOTICE of Attorney Appearance by Robert Edward Minchin, III on behalf of Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Attorney Robert Edward Minchin, III added to party Francisco Acosta(pty:dft), Attorney Robert Edward Minchin, III added to party Ricky Dixon(pty:dft), Attorney Robert Edward Minchin, III added to party Florida Department of Corrections(pty:dft). (Minchin, Robert) (Entered: 11/19/2024)

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14 Nov. 20, 2024

ORDER OF RECUSAL. Senior Judge Paul C. Huck recused. Case reassigned to Judge Kathleen M. Williams for all further proceedings. Signed by Senior Judge Paul C. Huck on 11/19/2024. See attached document for full details. (vjk) (Entered: 11/20/2024)

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15 Nov. 20, 2024

NOTICE of Change of Address/Contact Information; Change of Email; Change of Law Firm Name; by Raymond Frederick Treadwell (Treadwell, Raymond) (Entered: 11/20/2024)

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16 Nov. 20, 2024

Unopposed MOTION for Extension of Time Additional time to respond to Class Action Complaint by Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Responses due by 12/4/2024. (Treadwell, Raymond) (Entered: 11/20/2024)

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17 Nov. 20, 2024

ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE AND PROCEDURES. Signed by Judge Kathleen M. Williams on 11/20/2024. See attached document for full details. (ar24) (Entered: 11/20/2024)

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18 Nov. 20, 2024

PAPERLESS ORDER. THIS MATTER is before the Court on Defendants' Unopposed Motion for Extension of Time (DE 16 ) ("Motion"). In the Motion, Defendants request an additional two weeks to respond to Plaintiffs' Class Action Complaint (DE 1 ) and Plaintiffs' Motion for Class Certification (DE 4 ). Upon review of the Motion and the record, and in light of the fact that the Motion is unopposed, it is ORDERED AND ADJUDGED that the Motion is GRANTED. Defendants shall file their responses on or before December 17, 2024. Signed by Judge Kathleen M. Williams on 11/20/2024. (ssh) (Entered: 11/20/2024)

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Nov. 20, 2024

Order on Motion for Extension of Time

19 Nov. 22, 2024

NOTICE of Attorney Appearance by Vivekka Suppiah on behalf of Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Attorney Vivekka Suppiah added to party Francisco Acosta(pty:dft), Attorney Vivekka Suppiah added to party Ricky Dixon(pty:dft), Attorney Vivekka Suppiah added to party Florida Department of Corrections(pty:dft). (Suppiah, Vivekka) (Entered: 11/22/2024)

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20 Nov. 25, 2024

MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 11/25/2024. See attached document for full details. (fbn) (Entered: 11/25/2024)

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21 Dec. 13, 2024

CLERK'S NOTICE - Attorney Admissions has updated the email information as submitted through attorneys PACER account for attorney Raymond Frederick Treadwell re 15 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 12/13/2024)

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Dec. 13, 2024

Clerk's Notice - Attorney Admissions

22 Dec. 17, 2024

RESPONSE in Opposition re 4 MOTION to Certify Class filed by Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Replies due by 12/26/2024. (Treadwell, Raymond) (Entered: 12/17/2024)

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23 Dec. 17, 2024

MOTION to Dismiss by Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Responses due by 12/31/2024. (Attachments: # 1 Exhibit DLI-Administrative Appeal for DOC 107552, # 2 Exhibit McManus Declaration Revised)(Treadwell, Raymond) (Entered: 12/17/2024)

1 Exhibit DLI-Administrative Appeal for DOC 107552

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2 Exhibit McManus Declaration Revised

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24 Dec. 18, 2024

Joint SCHEDULING REPORT - Rule 16.1 by Wheeler Gary, Tyrone B Harris, Dwayne K Wilson (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Trevisani, Dante) (Entered: 12/18/2024)

1 Text of Proposed Order Proposed Scheduling Order

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25 Dec. 18, 2024

Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 22 Response in Opposition to Motion, 23 MOTION to Dismiss by Wheeler Gary, Tyrone B Harris, Dwayne K Wilson. (Trevisani, Dante) (Entered: 12/18/2024)

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26 Dec. 19, 2024

PAPERLESS ORDER. THIS MATTER is before the Court on Plaintiffs' Unopposed Motion for Extension of Time to Respond to Motion to Dismiss and Reply to Response to Motion for Class Certification (DE 25 ) ("Motion"). In the Motion, Plaintiffs seek an extension of time through January 17, 2025 to respond to Defendants' Motion to Dismiss (DE 23 ) and file a Reply in support of their Motion for Class Certification (DE 4 ). Upon review of the Motion and the record, and in light of the fact that the Motion is unopposed, it is ORDERED AND ADJUDGED that the Motion is GRANTED. Plaintiffs shall file their response and reply on or before January 17, 2025. Signed by Judge Kathleen M. Williams on 12/19/2024. (ssh) (Entered: 12/19/2024)

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27 Dec. 19, 2024

SCHEDULING ORDER. ( Jury Trial set for 7/13/2026 in Miami Division before Judge Kathleen M. Williams., Calendar Call set for 7/7/2026 11:00 AM before Judge Kathleen M. Williams.) Signed by Judge Kathleen M. Williams on 12/19/2024. See attached document for full details. (kpe) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 12/19/2024)

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Dec. 19, 2024

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

28 Jan. 15, 2025

Unopposed MOTION for Protective Order (HIPAA Qualified Protective Order) by Wheeler Gary, Tyrone B Harris, Dwayne K Wilson. (Attachments: # 1 Exhibit 1 - Proposed HIPAA Qualified Protective Order, # 2 Exhibit 2 - Murphy HIPAA Qualified Protective Order, # 3 Exhibit 3 - Copeland HIPAA Qualified Protective Order, # 4 Exhibit 4 - DRF HIPAA Qualified Protective Order, # 5 Exhibit 5 - Hoffer HIPAA Qualified Protective Order, # 6 Exhibit 6 - Harvard HIPAA Qualified Protective Order)(Trevisani, Dante) (Entered: 01/15/2025)

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29 Jan. 15, 2025

Unopposed MOTION for Confidentiality Order (Stipulated) by Wheeler Gary, Tyrone B Harris, Dwayne K Wilson. (Attachments: # 1 Exhibit 1 - Proposed Stipulated Confidentiality Order, # 2 Exhibit 2 - Murphy Confidentiality Order, # 3 Exhibit 3 - Copeland Confidentiality Order, # 4 Exhibit 4 - DRF Confidentiality Order)(Trevisani, Dante) (Entered: 01/15/2025)

1 Exhibit 1 - Proposed Stipulated Confidentiality Order

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2 Exhibit 2 - Murphy Confidentiality Order

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3 Exhibit 3 - Copeland Confidentiality Order

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4 Exhibit 4 - DRF Confidentiality Order

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30 Jan. 15, 2025

HIPAA QUALIFIED PROTECTIVE ORDER. Signed by Ch. Magistrate Judge Jonathan Goodman on 1/15/2025. See attached document for full details. (mkr) Modified text per Chambers on 1/16/2025 (bb). (Entered: 01/15/2025)

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31 Jan. 15, 2025

STIPULATED CONFIDENTIALITY ORDER. Signed by Ch. Magistrate Judge Jonathan Goodman on 1/15/2025. (mkr) Modified text per Chambers on 1/16/2025 (bb). (Entered: 01/15/2025)

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32 Jan. 17, 2025

Joint MOTION for Leave to Select Uncertified Mediator by Wheeler Gary, Tyrone B Harris, Dwayne K Wilson. (Attachments: # 1 Exhibit 1 - Jason Osteen CV)(Trevisani, Dante) (Entered: 01/17/2025)

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33 Jan. 17, 2025

REPLY to Response to Motion re 4 MOTION to Certify Class . filed by Wheeler Gary, Tyrone B Harris, Dwayne K Wilson. (Trevisani, Dante) (Entered: 01/17/2025)

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34 Jan. 17, 2025

RESPONSE in Opposition re 23 MOTION to Dismiss filed by Wheeler Gary, Tyrone B Harris, Dwayne K Wilson. Replies due by 1/24/2025. (Trevisani, Dante) (Entered: 01/17/2025)

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35 Jan. 21, 2025

PAPERLESS ORDER. THIS MATTER is before the Court on the Parties' Joint Motion for Leave of Court to Select an Uncertified Mediator (DE 32 ) ("Joint Motion"). In the Joint Motion, the Parties seek to select Jason O'Steen as mediator based on his prior mediation experience with state agencies and the Florida Department of Corrections. Upon review of the Joint Motion, and for good cause shown, it is ORDERED AND ADJUDGED that the Motion is GRANTED. The Parties may select Jason O'Steen as their mediator. The Parties shall file a joint notice of mediation informing the Court of the time, date, and place for mediation as described in the Court's Scheduling Order on or before January 23, 2025. Signed by Judge Kathleen M. Williams on 1/21/2025. (ssh) (Entered: 01/21/2025)

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Jan. 21, 2025

Order on Motion for Miscellaneous Relief

36 Jan. 23, 2025

Joint NOTICE of Mediation by Dwayne K Wilson, Tyrone B Harris, Wheeler Gary (Trevisani, Dante) (Entered: 01/23/2025)

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37 Jan. 23, 2025

Clerk's Notice to Filer re 36 Notice (Other). Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (drz) (Entered: 01/23/2025)

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Jan. 23, 2025

Clerk's Notice of Docket Correction and Instruction to Filer - Attorney

38 Jan. 24, 2025

RESPONSE in Support re 23 MOTION to Dismiss filed by Ricky Dixon, Florida Department of Corrections, Francisco Acosta. (Attachments: # 1 Exhibit Exhibit 1 - What is the heat index?, # 2 Exhibit Exhibit 2 - Heat Index Chart)(Treadwell, Raymond) (Entered: 01/24/2025)

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39 Jan. 27, 2025

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): Jason O'Steen. (Trevisani, Dante) (Entered: 01/27/2025)

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40 Jan. 28, 2025

NOTICE of Change of Address/Contact Information; Change of Email; Change of Law Firm Name; by Andrew George Udelsman (Udelsman, Andrew) (Entered: 01/28/2025)

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41 Jan. 29, 2025

CLERK'S NOTICE - Attorney Admissions has updated the address information as submitted through attorneys PACER account for attorney Andrew George Udelsman re 40 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 01/29/2025)

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Jan. 29, 2025

Clerk's Notice - Attorney Admissions

42 Jan. 31, 2025

CLERK'S NOTICE - Attorney Admissions has updated the email information as submitted through attorneys PACER account for attorney Andrew George Udelsman re 40 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 01/31/2025)

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Jan. 31, 2025

Clerk's Notice - Attorney Admissions

43 April 3, 2025

NOTICE of Attorney Appearance by Erica Selig on behalf of Dwayne K Wilson, Tyrone B Harris, Wheeler Gary. Attorney Erica Selig added to party Dwayne K Wilson(pty:pla), Attorney Erica Selig added to party Tyrone B Harris(pty:pla), Attorney Erica Selig added to party Wheeler Gary(pty:pla). (Selig, Erica) (Entered: 04/03/2025)

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44 April 3, 2025

NOTICE of Change of Email; by Erica Selig (Selig, Erica) (Entered: 04/03/2025)

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45 April 3, 2025

CLERK'S NOTICE - Attorney Admissions has updated the email information as submitted through attorneys PACER account for attorney Erica Selig re 44 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 04/03/2025)

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April 3, 2025

Clerk's Notice - Attorney Admissions

46 April 23, 2025

NOTICE of Change of Address/Contact Information; Change of Email; Change of Law Firm Name; by Andrew George Udelsman (Udelsman, Andrew) (Entered: 04/23/2025)

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47 April 23, 2025

CLERK'S NOTICE - Attorney Admissions has updated the address and email information as submitted through attorneys PACER account for attorney Andrew George Udelsman re 46 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 04/23/2025)

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April 23, 2025

Clerk's Notice - Attorney Admissions

48 May 28, 2025

ORDER denying DE 23 Motion to Dismiss. Signed by Judge Kathleen M. Williams on 5/28/2025. See attached document for full details. (cwc) (Entered: 05/28/2025)

Clearinghouse
49 June 9, 2025

NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 6/27/2025 02:30 PM in Miami Division before Ch. Magistrate Judge Jonathan Goodman. (Trevisani, Dante) (Entered: 06/09/2025)

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50 June 10, 2025

PAPERLESS ORDER setting a Zoom Discovery Hearing set for 6/27/2025 at 2:30 PM in the Miami Division before Chief Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows Join ZoomGov Meeting https://www.zoomgov.com/j/1618285453?pwd=XYA9uITb0SK3IPZXGDCg5vhHYNPS6s.1. Meeting ID: 161 828 5453. Passcode: 395639.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Ch. Magistrate Judge Jonathan Goodman on 6/10/2025. (fbn) (Entered: 06/10/2025)

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June 10, 2025

- Order (PAPERLESS or pdf attached) AND ~Util - Set/Reset Deadlines/Hearings

51 June 11, 2025

ANSWER and Affirmative Defenses to Complaint by Francisco Acosta, Ricky Dixon, Florida Department of Corrections. (Treadwell, Raymond) (Entered: 06/11/2025)

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52 June 13, 2025

Unopposed MOTION to Withdraw as Attorney by Raymond F. Treadwell for / by Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Responses due by 6/27/2025. (Treadwell, Raymond) (Entered: 06/13/2025)

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53 June 13, 2025

PAPERLESS ORDER granting 52 Unopposed MOTION to Withdraw as Attorney by Raymond F. Treadwell. Defendants will continue to be represented in this matter by Lawson Huck Gonzalez, PLLC. Signed by Ch. Magistrate Judge Jonathan Goodman on 6/13/2025. (mkr) (Entered: 06/13/2025)

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June 13, 2025

Order on Motion to Withdraw as Attorney

54 June 23, 2025

Amended NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 6/27/2025 02:30 PM in Miami Division before Ch. Magistrate Judge Jonathan Goodman. (Udelsman, Andrew) (Entered: 06/23/2025)

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55 June 27, 2025

PAPERLESS Minute Order for proceedings held before Ch. Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 6/27/2025. Post-Hearing Administrative Order to follow. Total time in court: 1 hour(s) : 00 minutes. Attorney Appearance(s): Robert Edward Minchin, III, Andrew George Udelsman, (Digital JG-02_06-27-2025/ Zoom) (fbn) (Entered: 06/27/2025)

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56 June 27, 2025

Request to Compel Discovery, per ECF No. 54 . (mkr) (Entered: 06/27/2025)

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57 June 27, 2025

POST-DISCOVERY HEARING ADMINISTRATIVE ORDER. Signed by Ch. Magistrate Judge Jonathan Goodman on 6/27/2025. (mkr) (Entered: 06/27/2025)

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June 27, 2025

Discovery Hearing

June 27, 2025

Compel Discovery

58 July 30, 2025

Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) 2025-52A to Magistrate Judge Enjolique A. Lett. Magistrate Judge Jonathan Goodman no longer assigned to case. (vjk)

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July 30, 2025

Case Reassignment of Paired Magistrate Judge

59 July 31, 2025

ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Enjolique A. Lett on 7/31/2025. See attached document for full details. (mwn) (Entered: 07/31/2025)

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60 Sept. 4, 2025

NOTICE of Attorney Appearance by Carlos A. Haag on behalf of Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Attorney Carlos A. Haag added to party Francisco Acosta(pty:dft), Attorney Carlos A. Haag added to party Ricky Dixon(pty:dft), Attorney Carlos A. Haag added to party Florida Department of Corrections(pty:dft). (Haag, Carlos) (Entered: 09/04/2025)

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61 Sept. 19, 2025

Joint MOTION for Extension of Time of certain Deadlines in Court's Scheduling Order[DE 27] by Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Responses due by 10/3/2025. (Attachments: # 1 Exhibit A)(Gutierrez, Mathew) (Entered: 09/19/2025)

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62 Sept. 26, 2025

PAPERLESS ORDER. THIS MATTER is before the Court on the Parties' Joint Motion for Extension of Time ("Motion") (DE 61 ). In the Motion, the Parties request a 17-day extension of certain deadlines in the Court's Scheduling Order. Upon review of the Motion, and in light of the fact that it is unopposed, it is ORDERED AND ADJUDGED that the Motion (DE 61 ) is GRANTED.Initial expert disclosures and reports shall be due October 27, 2025. Rebuttal expert reports shall be due December 8, 2025. All non-expert discovery shall be completed by December 29, 2025. All expert discovery shall be completed by February 9, 2026. Signed by Judge Kathleen M. Williams on 9/26/2025. (ymd) (Entered: 09/26/2025)

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63 Sept. 26, 2025

ORDER granting 4 Motion to Certify Class. Signed by Judge Kathleen M. Williams on 9/26/2025. See attached document for full details. (ymd) (Entered: 09/26/2025)

Clearinghouse
Sept. 26, 2025

Order on Motion for Extension of Time

64 Oct. 3, 2025

NOTICE of Change of Address/Contact Information; by Vivekka Suppiah (Suppiah, Vivekka) (Entered: 10/03/2025)

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65 Oct. 3, 2025

NOTICE of Change of Address/Contact Information; by Robert Edward Minchin, III (Minchin, Robert) (Entered: 10/03/2025)

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66 Oct. 3, 2025

CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Vivekka Suppiah re 64 Notice of Change of Address, Email or Law Firm Name. Attorney Vivekka Suppiah has not completed the required procedures for updating their information with the Court. After filing something in any pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. www.flsd.uscourts.gov/updating-your-information (pt) (Entered: 10/03/2025)

RECAP
Oct. 3, 2025

Clerk's Notice - Attorney Admissions

67 Oct. 6, 2025

CLERK'S NOTICE - Attorney Admissions has accepted the address information change request as submitted through attorneys PACER account for attorney Robert Edward Minchin III (pt) (Entered: 10/06/2025)

RECAP
68 Oct. 6, 2025

CLERK'S NOTICE - Attorney Admissions has accepted the address information change request as submitted through attorneys PACER account for attorney Vivekka Suppiah. To correct an inactive email, please visit the Court's website at www.flsd.uscourts.gov, Attorney Resources, Updating Your Information. re 64 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 10/06/2025)

RECAP
Oct. 6, 2025

Clerk's Notice - Attorney Admissions

69 Oct. 7, 2025

NOTICE of Attorney Appearance by Adrian K. Felix on behalf of Wheeler Gary, Tyrone B Harris, Dwayne K Wilson. Attorney Adrian K. Felix added to party Wheeler Gary(pty:pla), Attorney Adrian K. Felix added to party Tyrone B Harris(pty:pla), Attorney Adrian K. Felix added to party Dwayne K Wilson(pty:pla). (Felix, Adrian) (Entered: 10/07/2025)

RECAP
70 Oct. 7, 2025

NOTICE of Attorney Appearance by Tabitha Paige Cohen on behalf of Wheeler Gary, Tyrone B Harris, Dwayne K Wilson. Attorney Tabitha Paige Cohen added to party Wheeler Gary(pty:pla), Attorney Tabitha Paige Cohen added to party Tyrone B Harris(pty:pla), Attorney Tabitha Paige Cohen added to party Dwayne K Wilson(pty:pla). (Cohen, Tabitha) (Entered: 10/07/2025)

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71 Oct. 8, 2025

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brandon Storm. Filing Fee $ 250.00 Receipt # AFLSDC-18856377 by Wheeler Gary, Tyrone B Harris, Dwayne K Wilson. Responses due by 10/22/2025. (Attachments: # 1 Certification of Brandon Storm, # 2 Text of Proposed Order Order Granting Motion to Appear Pro Hac Vice)(Cohen, Tabitha) (Entered: 10/08/2025)

RECAP
72 Oct. 10, 2025

PAPERLESS ORDER granting 71 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Brandon Storm. Signed by Magistrate Judge Enjolique A. Lett on 10/10/2025. (ncn) (Entered: 10/10/2025)

RECAP
Oct. 10, 2025

Order on Motion to Appear Pro Hac Vice

73 Oct. 13, 2025

Unopposed MOTION for Leave to File Amended Answer and Affirmative Defenses by Francisco Acosta, Ricky Dixon, Florida Department of Corrections. (Attachments: # 1 Exhibit A - Defendants' Amended Answer and Affirmative Defenses)(Gutierrez, Mathew) (Entered: 10/13/2025)

RECAP
74 Oct. 14, 2025

PAPERLESS ORDER. THIS MATTER is before the Court on Defendants' Unopposed Motion for Leave to File Amended Answer and Affirmative Defenses ("Motion") (DE 73 ). In the Motion, Defendants seek leave to file an amended answer that withdraws their Twelfth Affirmative Defense. Upon review of the Motion, and in light of the fact that it is unopposed, it is ORDERED AND ADJUDGED that the Motion is GRANTED. Defendants shall file an amended answer on or before October 17, 2025. Signed by Judge Kathleen M. Williams on 10/14/2025. (ymd) (Entered: 10/14/2025)

RECAP
Oct. 14, 2025

Order on Motion for Leave to File

75 Oct. 15, 2025

Defendants' Amended ANSWER and Affirmative Defenses to Complaint by Francisco Acosta, Ricky Dixon, Florida Department of Corrections. (Gutierrez, Mathew) (Entered: 10/15/2025)

RECAP
76 Oct. 24, 2025

Joint MOTION for Hearing (Discovery) by Wheeler Gary, Tyrone B Harris, Dwayne K Wilson. (Attachments: # 1 Text of Proposed Order A - Proposed Orders, # 2 Exhibit B - Defendants' Responses to Plaintiff Wilson's First Set of Interrogatories; Defendants' Responses to Plaintiff Wheeler's First Set of Interrogatories)(Trevisani, Dante) (Entered: 10/24/2025)

RECAP
77 Oct. 24, 2025

PAPERLESS ORDER granting 76 Joint Motion for Discovery Hearing. The Discovery Hearing is SET for October 28, 2025 at 4:00 PM in the Miami Division before Magistrate Judge Enjolique Aytch Lett at the C. Clyde Atkins U.S. Courthouse, 301 North Miami Avenue, 10th Floor, Miami, FL 33128. All court proceedings will be audio recorded and can be transcribed upon request. However, if the parties insist on a court reporter, the parties shall notify the Court (via email to Lett@flsd.uscourts.gov with copy to all counsel of record) 48 hours prior to the hearing. Similarly, if they need any technological equipment in the courtroom, the parties shall notify the Court (via email to Lett@flsd.uscourts.gov with copy to all counsel of record) 48 hours prior to the hearing. Please refer to Administrative Order 2018-79 for the Court's policy for bringing audio/visual equipment, mobile phones, and personal devices into the courtroom. Signed by Magistrate Judge Enjolique A. Lett on 10/24/2025. (EAL) (Entered: 10/24/2025)

RECAP
Oct. 24, 2025

Order on Motion for Hearing

78 Oct. 28, 2025

PAPERLESS Minute Order for proceedings held before Magistrate Judge Enjolique A. Lett: Discovery Hearing held on 10/28/2025 RE: Joint 76 Motion. Order to follow. Total time in court: 32 minutes. Attorney Appearance(s):Dante Pasquale Trevisani, Raymond J. Taseff -Plaintiff's Counsel; Carlos A. Haag and Mathew Daniel Gutierrez -Defendant's Counsel (Digital 15:55:14) (kan) (Entered: 10/30/2025)

RECAP

Case Details

State / Territory:

Florida

Case Type(s):

Prison Conditions

Disability Rights

Key Dates

Filing Date: Oct. 31, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A putative class of people incarcerated at Dade Correctional Institution in Florida.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Florida Justice Institute

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Secretary of the Florida Department of Corrections

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.

Ex parte Young (federal or state officials)

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Southern District of Florida 1:24-cv-24253

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Sanitation / living conditions

Disability and Disability Rights:

Reasonable Accommodations

Discrimination Basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health Care:

Medical care, general

Recommended Citation