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. Both motions are pending as of January 5, 2025.

Summary Authors

Ted Molina (12/3/2024)

People

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


Attorney for Plaintiff

Taseff, Raymond J. (Florida)

Attorney for Defendant

Gutierrez, Mathew Daniel (Florida)

Jr, Paul Courtney (Florida)

Minchin, Robert Edward (Florida)

Suppiah, Vivekka (Florida)

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Documents in the Clearinghouse

Document
1

1:24-cv-24253

Class Action Complaint

Oct. 31, 2024

Oct. 31, 2024

Complaint

Docket

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

Last updated March 9, 2025, 8:54 a.m.

ECF Number Description Date Link Date / Link
1

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

View on PACER

2 Summon(s)

View on PACER

3 Summon(s)

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4 Summon(s)

View on PACER

Oct. 31, 2024

Oct. 31, 2024

Clearinghouse

Judge Assignment

Oct. 31, 2024

Oct. 31, 2024

PACER
2

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

Oct. 31, 2024

Oct. 31, 2024

PACER
3

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

Oct. 31, 2024

Oct. 31, 2024

PACER
4

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)

Nov. 2, 2024

Nov. 2, 2024

PACER
5

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

Nov. 7, 2024

Nov. 7, 2024

PACER

Clerk's Notice - Attorney Admissions

Nov. 7, 2024

Nov. 7, 2024

PACER
6

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)

Nov. 7, 2024

Nov. 7, 2024

PACER
7

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)

Nov. 13, 2024

Nov. 13, 2024

PACER
8

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)

Nov. 13, 2024

Nov. 13, 2024

PACER
9

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)

Nov. 13, 2024

Nov. 13, 2024

PACER
10

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)

Nov. 19, 2024

Nov. 19, 2024

PACER
11

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)

Nov. 19, 2024

Nov. 19, 2024

PACER
12

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)

Nov. 19, 2024

Nov. 19, 2024

PACER
13

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)

Nov. 19, 2024

Nov. 19, 2024

PACER
14

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)

Nov. 20, 2024

Nov. 20, 2024

PACER

Order on Motion for Extension of Time

Nov. 20, 2024

Nov. 20, 2024

PACER
15

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)

Nov. 20, 2024

Nov. 20, 2024

PACER
16

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)

Nov. 20, 2024

Nov. 20, 2024

PACER
17

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)

Nov. 20, 2024

Nov. 20, 2024

PACER
18

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)

Nov. 20, 2024

Nov. 20, 2024

PACER
19

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)

Nov. 22, 2024

Nov. 22, 2024

PACER
20

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)

Nov. 25, 2024

Nov. 25, 2024

PACER
21

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)

Dec. 13, 2024

Dec. 13, 2024

PACER

Clerk's Notice - Attorney Admissions

Dec. 13, 2024

Dec. 13, 2024

PACER
22

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)

Dec. 17, 2024

Dec. 17, 2024

PACER
23

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

View on PACER

2 Exhibit McManus Declaration Revised

View on PACER

Dec. 17, 2024

Dec. 17, 2024

RECAP
24

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

View on PACER

Dec. 18, 2024

Dec. 18, 2024

PACER
25

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)

Dec. 18, 2024

Dec. 18, 2024

PACER
26

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)

Dec. 19, 2024

Dec. 19, 2024

PACER

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

Dec. 19, 2024

Dec. 19, 2024

PACER
27

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)

Dec. 19, 2024

Dec. 19, 2024

RECAP
28

Protective/Confidentiality Order

Jan. 15, 2025

Jan. 15, 2025

PACER
29

Protective/Confidentiality Order

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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Jan. 15, 2025

Jan. 15, 2025

PACER
30

Order on Motion for Protective/Confidentiality Order

Jan. 15, 2025

Jan. 15, 2025

PACER
31

Order on Motion for Protective/Confidentiality Order

Jan. 15, 2025

Jan. 15, 2025

PACER
32

Miscellaneous Relief

Jan. 17, 2025

Jan. 17, 2025

PACER
33

Reply in Support of Motion

Jan. 17, 2025

Jan. 17, 2025

PACER
34

Response in Opposition to Motion

Jan. 17, 2025

Jan. 17, 2025

PACER

Order on Motion for Miscellaneous Relief

Jan. 21, 2025

Jan. 21, 2025

PACER
36

Notice (Other)

Jan. 23, 2025

Jan. 23, 2025

PACER

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

Jan. 23, 2025

Jan. 23, 2025

PACER
38

Response in Support of Motion

Jan. 24, 2025

Jan. 24, 2025

PACER
39

Notice of Entry of Parties Listed into CM/ECF

Jan. 27, 2025

Jan. 27, 2025

PACER
40

Notice of CHANGE OF ADDRESS, Email or Law Firm Name

Jan. 28, 2025

Jan. 28, 2025

PACER

Clerk's Notice - Attorney Admissions

Jan. 29, 2025

Jan. 29, 2025

PACER

Clerk's Notice - Attorney Admissions

Jan. 31, 2025

Jan. 31, 2025

PACER

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: Pending

Defendants

Secretary of the Florida Department of Corrections (Dade, Dade), 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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

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