Case: LaMarca v. Turner

9:82-cv-08196 | U.S. District Court for the Southern District of Florida

Filed Date: May 14, 1982

Closed Date: 2000

Clearinghouse coding complete

Case Summary

On May 14, 1982, an inmate at the Glades Correctional Institution in Florida filed a pro se lawsuit under 42 U.S.C. § 1983 against representatives of the prison in the U.S. District Court for the Southern District of Florida. Nine other inmates of the prison were eventually added onto the lawsuit, which became a class action, and they were later represented by Florida Rural Legal Services. The inmates asked the court for declaratory and injunctive relief, as well as damages, alleging that the…

On May 14, 1982, an inmate at the Glades Correctional Institution in Florida filed a pro se lawsuit under 42 U.S.C. § 1983 against representatives of the prison in the U.S. District Court for the Southern District of Florida. Nine other inmates of the prison were eventually added onto the lawsuit, which became a class action, and they were later represented by Florida Rural Legal Services. The inmates asked the court for declaratory and injunctive relief, as well as damages, alleging that their constitutional rights had been violated by the conditions of their confinement, including failure to protect them from physical and sexual assault by fellow inmates, inadequate ventilation, poor lighting, inadequate exercise, only three showers per week, no canteen privileges, and only limited use of the law library.

On June 4, 1987, the U.S. District Court for the Southern District of Florida (Judge James Carriger Paine) granted declaratory, injunctive, and monetary relief to the plaintiffs. LaMarca v. Turner, 662 F.Supp. 647 (S.D.Fla. 1987). The defendants appealed. On October 18, 1988, the U.S. Court of Appeals for the Eleventh Circuit dismissed the appeal without opinion. LaMarca v. Turner, 861 F.2d 724 (11th Cir. 1988). The district court issued further injunctive relief, and the defendants appealed.

On July 7, 1993, the Eleventh Circuit (Judge Gerald Bard Tjoflat) partially affirmed and partially vacated the district court's injunction, holding that the court had applied the wrong test in finding liability. The court held that the overall grant of injunctive relief was proper, but that portions of it unnecessarily interfered with the operation of the prison. LaMarca v. Turner, 995 F.2d 1526 (11th Cir. 1993). The parties continued to litigate regarding attorneys fees.

On June 6, 2000, the case was closed by the district court.

Summary Authors

Kristen Sagar (10/17/2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6349527/parties/lamarca-v-turner/


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Documents in the Clearinghouse

Document

9:82-cv-08196

Court Docket

July 20, 2000

July 20, 2000

Docket

9:82-cv-08196

Docket

July 20, 2000

July 20, 2000

Docket

9:82-cv-08196

Third Amended Complaint for Declaratory and Injunctive Relief and for Damages

Nov. 7, 1985

Nov. 7, 1985

Complaint

9:82-cv-08196

Trial transcript

Dec. 13, 1985

Dec. 13, 1985

Transcript

9:82-cv-08196

Amended Response of Defendants, Including Objections, to Magistrate's Report and Recommendations

March 18, 1986

March 18, 1986

Pleading / Motion / Brief

9:82-cv-08196

Plaintiffs' Reply Memorandum to Defendants' Response and Objection to Magistrate's Report

June 2, 1986

June 2, 1986

Pleading / Motion / Brief
200

9:82-cv-08196

Order on Report and Recommendation of Magistrate

June 4, 1987

June 4, 1987

Order/Opinion

662 F.Supp. 647

87-05878

Reported Opinion

U.S. Court of Appeals for the Eleventh Circuit

Oct. 18, 1988

Oct. 18, 1988

Order/Opinion

861 F.2d 724

292

9:82-cv-08196

Trial Transcript Volume 3

LaMarca v. Lambdin

Feb. 26, 1990

Feb. 26, 1990

Transcript
293

9:82-cv-08196

Trial Transcript Volume 4

LaMarca v. Lambdin

Feb. 26, 1990

Feb. 26, 1990

Transcript

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6349527/lamarca-v-turner/

Last updated Aug. 17, 2025, 10:40 p.m.

ECF Number Description Date Link Date / Link

Case Reopened

March 8, 1994

March 8, 1994

PACER

Case reopened (Former Deputy Clerk)

March 8, 1994

March 8, 1994

PACER

Terminated Case

March 16, 1995

March 16, 1995

PACER

Case closed (Former Deputy Clerk)

March 16, 1995

March 16, 1995

PACER

Appeal - Miscellaneous

Dec. 11, 1995

Dec. 11, 1995

PACER

Appeal Information Sheet re: ; Transcript due 11/4/95 ; (kw, Deputy Clerk)

Dec. 11, 1995

Dec. 11, 1995

PACER

Appeal - Miscellaneous

Dec. 19, 1995

Dec. 19, 1995

PACER

Appeal Information Sheet re: Appeal ; Transcript due 1/4/96 ; (Former Deputy Clerk)

Dec. 19, 1995

Dec. 19, 1995

PACER

Acknowledgment of Receipt from USCA

Aug. 14, 1996

Aug. 14, 1996

PACER

ACKNOWLEDGMENT of receipt by U.S.C.A. of: Certificate of Readiness U.S.C.A. # 95-5451 (Former Deputy Clerk)

Aug. 14, 1996

Aug. 14, 1996

PACER
455

ORDER (USCA on 8/12/97) GRANTING Appellees' motion for attorney's fees as to entitlement. This matter is REMANDED to the USDC for a hearing to determine the reasonable amount of fees to be awarded to Appellees. USCA #95-5451 Copy to Judge. (Former Deputy Clerk) (Entered: 08/19/1997)

Aug. 15, 1997

Aug. 15, 1997

PACER
456

MOTION with memorandum and verification in support by R.V. Turner, Gerald Abdul-Wasi to tax costs against jury trial plaintiffs and class action plaintiffs (Former Deputy Clerk) (Entered: 09/09/1997)

Sept. 8, 1997

Sept. 8, 1997

PACER
457

NOTICE of filing exhibits in support of plaintiffs' application for attorneys' fees and litigation expenses, by Anthony #071588 Lamarca (Attached) (Former Deputy Clerk) (Entered: 09/09/1997)

Sept. 8, 1997

Sept. 8, 1997

PACER
458

MEMORANDUM by Anthony #071588 Lamarca in support of [456-1] motion to tax costs against jury trial plaintiffs and class action plaintiffs (Former Deputy Clerk) (Entered: 09/10/1997)

Sept. 8, 1997

Sept. 8, 1997

PACER
462

NOTICE of by R.V. Turner, Gerald Abdul-Wasi that they have conferred in good faith to resolve by agreement, defendants' motion to tax costs and have not been able to reach resolution of said motion. (Former Deputy Clerk) (Entered: 10/10/1997)

Sept. 12, 1997

Sept. 12, 1997

PACER
459

NOTICE of attorney appearance for Anthony #071588 Lamarca by Stephen Forcey Hanlon as special fees counsel (Former Deputy Clerk) (Entered: 09/18/1997)

Sept. 17, 1997

Sept. 17, 1997

PACER
460

MOTION by R.V. Turner, Anthony #071588 Lamarca, Gerald Abdul-Wasi to extend time file pleadings (Former Deputy Clerk) (Entered: 09/23/1997)

Sept. 22, 1997

Sept. 22, 1997

PACER
461

ORDER granting [460-1] motion to extend time to file pleadings; dates set forth in stipulated motion shall control (signed by Judge James C. Paine on 9/23/97) CCAP (Former Deputy Clerk) (Entered: 09/24/1997)

Sept. 23, 1997

Sept. 23, 1997

PACER
463

MOTION with memorandum in support by R.V. Turner, Anthony Lamarca, Gerald Abdul-Wasi to extend time for serving pleadings (Former Deputy Clerk) (Entered: 10/15/1997)

Oct. 9, 1997

Oct. 9, 1997

PACER
464

RESPONSE by R.V. Turner, Gerald Abdul-Wasi to [456-1] motion to tax costs against jury trial plaintiffs and class action plaintiffs (Former Deputy Clerk) (Entered: 10/17/1997)

Oct. 14, 1997

Oct. 14, 1997

PACER
465

ORDER granting [463-1] motion to extend time for serving pleadings ( signed by Judge James C. Paine on 10/13/97) CCAP (Former Deputy Clerk) (Entered: 10/27/1997)

Oct. 14, 1997

Oct. 14, 1997

PACER
466

MOTION with memorandum in support by Gerald Abdul-Wasi, R.V. Turner to extend time to reply to response to motion for award of attorneys fees and reimbursement of litigation expenses, and for leave to file memorandum in excess of 5 pages (Former Deputy Clerk) (Entered: 10/28/1997)

Oct. 27, 1997

Oct. 27, 1997

PACER
473

ORDER granting [466-2] motion for leave to file memorandum in excess of 5 pages ( signed by Judge James C. Paine on 10/30/97) CCAP (Former Deputy Clerk) (Entered: 11/12/1997)

Oct. 31, 1997

Oct. 31, 1997

PACER
468

MOTION with memorandum in support by Anthony #071588 Lamarca for Evidentiary Hearing (Former Deputy Clerk) (Entered: 11/07/1997)

Nov. 5, 1997

Nov. 5, 1997

PACER
469

RESPONSE by Anthony #071588 Lamarca to [456-1] motion to tax costs against jury trial plaintiffs and class action plaintiffs (Former Deputy Clerk) (Entered: 11/07/1997)

Nov. 5, 1997

Nov. 5, 1997

PACER
467

REPLY by Anthony #071588 Lamarca to response of defendants to plaintiffs' motion for fees and costs (Former Deputy Clerk) Modified on 11/07/1997 (Entered: 11/07/1997)

Nov. 5, 1997

Nov. 5, 1997

PACER
471

APPENDIX to: [467-1] response reply by Anthony #071588 Lamarca Vol II (Former Deputy Clerk) (Entered: 11/07/1997)

Nov. 5, 1997

Nov. 5, 1997

PACER
470

APPENDIX to: [467-1] response reply by Anthony #071588 Lamarca (Former Deputy Clerk) (Entered: 11/07/1997)

Nov. 5, 1997

Nov. 5, 1997

PACER
472

APPENDIX to: [467-1] response reply by Anthony #071588 Lamarca (Former Deputy Clerk) (Entered: 11/07/1997)

Nov. 5, 1997

Nov. 5, 1997

PACER
474

REPLY by R.V. Turner, Anthony #071588 Lamarca to response to [456-1] motion to tax costs against jury trial plaintiffs and class action plaintiffs (Former Deputy Clerk) (Entered: 11/24/1997)

Nov. 21, 1997

Nov. 21, 1997

PACER
475

ORDER granting [456-1] motion to tax costs against jury trial plaintiffs and class action plaintiffs, granting [468-1] motion for Evidentiary Hearing and referring case to Magistrate Judge Ann Vitunac to hold an evidentiary hearing and to enter a report and recommendation regarding 1) the proper amount of attorneys' fees and costs to be awarded to the prevailing non-jury plaintiffs; 2) the costs (but not fees) to be awarded to the Defendants as the prevailing party on the jury Plaintiffs' claims and 3) the amount of attorneys' fees to be awarded to the plaintiffs, as the appellees in the Defendant's unsuccessful appeal, pursunat to the order of the Eleventh Circuit, granting nunc pro tunc [466-1] motion to extend time to reply to response to motion for award of attorneys fees and reimbursement of litigation expenses (signed by Judge James C. Paine on 09/11/98) CCAP (Former Deputy Clerk) (Entered: 09/16/1998)

Sept. 11, 1998

Sept. 11, 1998

PACER
476

ORDER OF RECUSAL (signed by Magistrate Ann E. Vitunac on 9/29/98) CCAP (Former Deputy Clerk) (Entered: 10/02/1998)

Sept. 30, 1998

Sept. 30, 1998

PACER

***Magistrate Judge Selection

Sept. 30, 1998

Sept. 30, 1998

PACER

Magistrate identification: Magistrate Judge Barry S. Seltzer (Former Deputy Clerk)

Sept. 30, 1998

Sept. 30, 1998

PACER
477

ORDER Setting Hearing, set evidentiary hearing for 9:00 1/7/99 before Magistrate Barry S. Seltzer ( signed by Magistrate Barry S. Seltzer on 11/10/98) (wj, Deputy Clerk) (Entered: 11/17/1998)

Nov. 13, 1998

Nov. 13, 1998

PACER
478

(Courts)Exhibit and Witness list (Former Deputy Clerk) (Entered: 01/08/1999)

Jan. 7, 1999

Jan. 7, 1999

PACER
479

Minutes of Evidentiary hearing RE: Attorney's Fees and Costs held before Magistrate Barry S. Seltzer on 1/7/99 (Former Deputy Clerk) (Entered: 01/08/1999)

Jan. 7, 1999

Jan. 7, 1999

PACER
480

Transcript filed re: 1/26/99 Date: 1/7/99 Before Judge: Hon. Barry S. Seltzer Volume No.: I Number of pages: 1-228 (Former Deputy Clerk) (Entered: 01/27/1999)

Jan. 26, 1999

Jan. 26, 1999

PACER
481

PLAINTIFF'S POST-HEARING BRIEF (at, Deputy Clerk) (Entered: 02/09/1999)

Feb. 8, 1999

Feb. 8, 1999

PACER
482

JOINT STIPULATION REGARDING SETTLEMENT OF COSTS by Gerald Abdul-Wasi, R.V. Turner, Anthony Lamarca (at, Deputy Clerk) (Entered: 02/10/1999)

Feb. 8, 1999

Feb. 8, 1999

PACER
483

SUPPLEMENTAL MEMORANDUM OF LAW by Gerald Abdul-Wasi, R.V. Turner to: Plaintiffs' Motion for Attorneys Fees and Defendants' Motion to tax costs (at, Deputy Clerk) (Entered: 02/10/1999)

Feb. 8, 1999

Feb. 8, 1999

PACER
484

NOTICE of Filing of Supplemental Authority by Gerald Abdul-Wasi, R.V. Turner (Former Deputy Clerk) (Entered: 06/23/1999)

June 23, 1999

June 23, 1999

PACER
485

NOTICE of destruction of exhibits (kw, Deputy Clerk) (Entered: 06/25/1999)

June 25, 1999

June 25, 1999

PACER
486

ORDER REQUIRING MEDIATION OF ATTORNEYS' FEES ISSUES (Signed by Magistrate Barry S. Seltzer on 6/24/99) CCAP [EOD Date: 7/13/99] (Former Deputy Clerk) (Entered: 07/13/1999)

July 13, 1999

July 13, 1999

PACER
487

NOTICE of Supplemental Authority by Anthony Lamarca (Former Deputy Clerk) (Entered: 07/16/1999)

July 14, 1999

July 14, 1999

PACER
488

JOINT MOTION by Gerald Abdul-Wasi, R.V. Turner, Anthony Lamarca to extend time within which to complete mediation of attorney fees (Former Deputy Clerk) (Entered: 07/29/1999)

July 29, 1999

July 29, 1999

PACER
489

ORDER granting [488-1] joint motion to extend time within which to complete mediation of attorney fees (Signed by Magistrate Barry S. Seltzer on 8/4/99) CCAP [EOD Date: 8/9/99] (Former Deputy Clerk) (Entered: 08/09/1999)

Aug. 5, 1999

Aug. 5, 1999

PACER
490

FINAL report of Mediator. Disposition: The parties did not reach an agreement. (Former Deputy Clerk) (Entered: 09/02/1999)

Sept. 1, 1999

Sept. 1, 1999

PACER
491

AGREED MOTION by R.V. Turner to extend time in which to provide the court with a submission of fee calculations (Former Deputy Clerk) (Entered: 09/17/1999)

Sept. 13, 1999

Sept. 13, 1999

PACER
492

NOTICE OF PARTIAL SETTLEMENT OF ATTORNEYS' FEES AND COSTS filed by Gerald Abdul-Wasi, R.V. Turner, Anthony Lamarca (Former Deputy Clerk) (Entered: 10/25/1999)

Oct. 22, 1999

Oct. 22, 1999

PACER
493

STIPULATION FOR DISMISSAL OF PLAINTIFFS' CLAIM FOR ATTORNEYS' FEES AND COSTS by Anthony Lamarca, Gerald Abdul-Wasi, R.V. Turner (Former Deputy Clerk) (Entered: 11/08/1999)

Nov. 5, 1999

Nov. 5, 1999

PACER
494

ORDER OF DISMISSAL: dismissing the claims of the Plaintiffs, LaMarca, Saunders and Johnson, the Plaintiff Class and their counsel for attorneys' fees and costs having been resolved between the parties (Signed by Judge James C. Paine on 11/12/99) CCAP [EOD Date: 11/16/99] (Former Deputy Clerk) (Entered: 11/16/1999)

Nov. 15, 1999

Nov. 15, 1999

PACER
495

MOTION by Gerald Abdul-Wasi, R.V. Turner to Determine Amount of Costs (Former Deputy Clerk) (Entered: 02/02/2000)

Feb. 2, 2000

Feb. 2, 2000

PACER
496

COPY OF MANUAL DOCKET SHEET (kw, Deputy Clerk) (Entered: 05/11/2000)

May 11, 2000

May 11, 2000

PACER
497

REPORT AND RECOMMENDATIONS of Magistrate Barry S. Seltzer recommending that [495-1] motion to Determine Amount of Costs be GRANTED. Modgned further recommends that the District Court tax costs in the amount of $5,757.16 against David Aldred, Steve Bronson, Eddiw Cobb, Ron Durrance, and Billy Joe Harper and in favor of defendant R.V. Turner. An itemization of the costs to be awarded as follow: (See order) Motion no longer referred. Signed on: 5/11/00 Objections to R and R due by 5/21/00 CCAP (Former Deputy Clerk) (Entered: 05/12/2000)

May 11, 2000

May 11, 2000

PACER

Terminated Case

June 6, 2000

June 6, 2000

PACER

CASE CLOSED. Case and Motions no longer referred to Magistrate. [495-1] motion to Determine Amount of Costs, [491-1] motion to extend time in which to provide the court with a submission of fee calculations, [488-1] joint motion to extend time within which to complete mediation of attorney fees, [468-1] motion for Evidentiary Hearing, [466-1] motion to extend time to reply to response to motion for award of attorneys fees and reimbursement of litigation expenses, [466-2] motion for leave to file memorandum in excess of 5 pages, [463-1] motion to extend time for serving pleadings, [460-1] motion to extend time file pleadings, [456-1] motion to tax costs against jury trial plaintiffs and class action plaintiffs (Former Deputy Clerk)

June 6, 2000

June 6, 2000

PACER
498

ORDER APPROVING AND ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION: ORDER adopting [497-1] report and recommendations granting [495-1] motion to Determine Amount of Costs (Signed by Judge James C. Paine on 6/7/00) CCAP [EOD Date: 6/7/00] CCAP (Former Deputy Clerk) (Entered: 06/07/2000)

June 7, 2000

June 7, 2000

PACER
499

ADMINISTRATIVE ORDER terminating [491-1] motion to extend time in which to provide the court with a submission of fee calculations ( Signed by Judge James C. Paine on 7/20/00) CCAP [EOD Date: 7/25/00] (Former Deputy Clerk) (Entered: 07/25/2000)

July 20, 2000

July 20, 2000

PACER

Case Details

State / Territory: Florida

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 14, 1982

Closing Date: 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates at the Glades Correctional Institution in Florida

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Glades Correctional Institution (Belle Glades), State

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Litigation

Order Duration: 1987 - 0

Issues

General/Misc.:

Access to lawyers or judicial system

Bathing and hygiene

Personal injury

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

Assault/abuse by staff (facilities)

Law library access

Recreation / Exercise

Sexual abuse by residents/inmates