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/


Judge(s)

Nimkoff, Peter (Florida)

Paine, James Carriger (Florida)

Seltzer, Barry S. (Florida)

Tjoflat, Gerald Bard (Florida)

Attorneys(s) for Plaintiff

Amlong, William Robert (Florida)

Hanlon, Stephen F (District of Columbia)

Hartz, Steven E. (Florida)

Lipman, David Michael (Florida)

Tucker, James A. (Florida)

Weisberg, Robert E. (Florida)

Judge(s)

Nimkoff, Peter (Florida)

Paine, James Carriger (Florida)

Seltzer, Barry S. (Florida)

Tjoflat, Gerald Bard (Florida)

Attorneys(s) for Plaintiff

Amlong, William Robert (Florida)

Hanlon, Stephen F (District of Columbia)

Hartz, Steven E. (Florida)

Lipman, David Michael (Florida)

Tucker, James A. (Florida)

Weisberg, Robert E. (Florida)

Attorneys(s) for Defendant

Butterworth, Robert A. (Florida)

Davis, Michael B. (Florida)

Johnson, Kelly Overstreet (Florida)

Meginniss, Walter M. (Florida)

Documents in the Clearinghouse

Document

Court Docket

July 20, 2000 Docket

Docket

July 20, 2000 Docket

Third Amended Complaint for Declaratory and Injunctive Relief and for Damages

Nov. 7, 1985 Complaint

Trial transcript

Dec. 13, 1985 Transcript

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

March 18, 1986 Pleading / Motion / Brief

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

June 2, 1986 Pleading / Motion / Brief
200

Order on Report and Recommendation of Magistrate

662 F.Supp. 647

June 4, 1987 Order/Opinion

Reported Opinion

U. S. Court of Appeals for the Eleventh Circuit

861 F.2d 724

Oct. 18, 1988 Order/Opinion
291

Trial Transcript Volume 2

LaMarca v. Lambdin

Feb. 26, 1990 Transcript
292

Trial Transcript Volume 3

LaMarca v. Lambdin

Feb. 26, 1990 Transcript

Resources

Title Description External URL

Rethinking the Use of Class Actions to Combat Inmate-on-Inmate Sexual Assault: A Case Study of LaMarca v. Turner

Karen Y. Paik

This paper argues that the class action is a critical litigation tool for combating the problem of inmate-on-inmate sexual assault in prisons and jails. To demonstrate the effectiveness of the class… May 18, 2004

Docket

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

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

ECF Number Description Date Link

Case Reopened

March 8, 1994 PACER

Terminated Case

March 16, 1995 PACER

Appeal - Miscellaneous

Dec. 11, 1995 PACER

Appeal - Miscellaneous

Dec. 19, 1995 PACER

Acknowledgment of Receipt from USCA

Aug. 14, 1996 PACER
455

Order

Aug. 15, 1997 PACER
456

Motion for Bill of Costs

Sept. 8, 1997 PACER
457

Notice (Other)

Sept. 8, 1997 PACER
458

Memorandum in Support

Sept. 8, 1997 PACER
462

Notice (Other)

Sept. 12, 1997 PACER
459

Notice of Attorney Appearance

Sept. 17, 1997 PACER
460

Motion for Extension of Time

Sept. 22, 1997 PACER
461

Order

Sept. 23, 1997 PACER
463

Motion for Extension of Time

Oct. 9, 1997 PACER
464

Response to Motion

Oct. 14, 1997 PACER
465

Order

Oct. 14, 1997 PACER
466

Motion for Extension of Time

Oct. 27, 1997 PACER
473

Order

Oct. 31, 1997 PACER
467

Reply to Response to Motion

Nov. 5, 1997 PACER
468

Motion for Hearing

Nov. 5, 1997 PACER
469

Response to Motion

Nov. 5, 1997 PACER
470

Appendix

Nov. 5, 1997 PACER
471

Appendix

Nov. 5, 1997 PACER
472

Appendix

Nov. 5, 1997 PACER
474

Reply to Response to Motion

Nov. 21, 1997 PACER
475

Order

Sept. 11, 1998 PACER

***Magistrate Judge Selection

Sept. 30, 1998 PACER
476

Order of Recusal

Sept. 30, 1998 PACER
477

Order Setting Hearing on Motion

Nov. 13, 1998 PACER
478

Exhibit List

Jan. 7, 1999 PACER
479

Minutes-Miscellaneous

Jan. 7, 1999 PACER
480

Transcript

Jan. 26, 1999 PACER
481

Memorandum

Feb. 8, 1999 PACER
482

Settlement Agreement

Feb. 8, 1999 PACER
483

Supplement

Feb. 8, 1999 PACER
484

Notice (Other)

June 23, 1999 PACER
485

Notice (Other)

June 25, 1999 PACER
486

Order

July 13, 1999 PACER
487

Notice (Other)

July 14, 1999 PACER
488

Motion for Extension of Time

July 29, 1999 PACER
489

Order

Aug. 5, 1999 PACER
490

Mediation Report

Sept. 1, 1999 PACER
491

Motion for Extension of Time

Sept. 13, 1999 PACER
492

Notice of Settlement

Oct. 22, 1999 PACER
493

Stipulation of Dismissal

Nov. 5, 1999 PACER
494

Order

Nov. 15, 1999 PACER
495

Motion for Miscellaneous Relief

Feb. 2, 2000 PACER
496

Remark

May 11, 2000 PACER
497

Report and Recommendations

May 11, 2000 PACER

Terminated Case

June 6, 2000 PACER
498

Order on Report and Recommendations

June 7, 2000 PACER
499

Order

July 20, 2000 PACER

State / Territory: Florida

Case Type(s):

Prison Conditions

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

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably 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:

Access to lawyers or judicial system

Assault/abuse by residents/inmates/students

Bathing and hygiene

Law library access

Personal injury

Recreation / Exercise

Sexual abuse by residents/inmates

Staff (number, training, qualifications, wages)

Type of Facility:

Government-run