Case: Osterback v. Moore

1:97-cv-02806 | U.S. District Court for the Southern District of Florida

Filed Date: Oct. 28, 1997

Closed Date: March 25, 2008

Clearinghouse coding complete

Case Summary

Plaintiffs, prisoners in various Florida state prisons, brought suit in the U.S. District Court for the Southern District of Florida against Florida Department of Corrections (FDOC) officials operating the prisons on October 28, 1997. In the allegations in the second amended complaint, their 42 U.S.C. § 1983 case alleged that prisoners housed in "Close Management" (CM) status in these prisons suffered cruel and unusual punishment in violation of their Eighth Amendment rights. Plaintiffs, seeki…

Plaintiffs, prisoners in various Florida state prisons, brought suit in the U.S. District Court for the Southern District of Florida against Florida Department of Corrections (FDOC) officials operating the prisons on October 28, 1997. In the allegations in the second amended complaint, their 42 U.S.C. § 1983 case alleged that prisoners housed in "Close Management" (CM) status in these prisons suffered cruel and unusual punishment in violation of their Eighth Amendment rights. Plaintiffs, seeking class action status, also sought declaratory and injunctive relief, as well as attorneys' fees. Their attorneys included counsel from the Florida Justice Institute.

According to the plaintiffs, the thousands of Florida prisoners in CM Units are generally there for disciplinary reasons and live with marked restrictions upon, for example, time outside their cells, visitation and library access, religious and recreation opportunities, and communication with fellow prisoners and the outside world. The cells are small, sparse, and poorly ventilated. Although CM status allows for three level of restrictive conditions, the plaintiffs contend all levels result in physical and, particularly, mental harm. The harsh conditions exacerbate pre-existing mental illness in some prisoners and trigger mental illness in others, according to the plaintiffs, with resultant increases in prison violence and anti-social behavior by persons living in these conditions.

On February 2, 1998, District Judge Federico A. Moreno denied the plaintiffs' request for class action status. However, after amended pleadings were filed, Judge Moreno certified the matter as a class action on July 26, 2000.

At various times during this case, the defendants tendered settlement offers of judgment, without admitting liability. These offers included detailed plans for revised operation of the CM program in the Florida prison system. The revisions included consolidation of facilities, improved staff training and mental health services, and levels of access to reading materials, telephones, and media. New state administrative regulations and requests for legislative funding applicable to CM improvements were also part of the offer. On November 11, 2001, plaintiffs filed their notice of acceptance of one of these offers. The settlement required defendants to pay plaintiffs' attorneys' fees and to make periodic reports to plaintiffs' counsel and the court regarding implementation of the improvements to the CM program.

District Judge Paul C. Huck approved the settlement on December 27, 2001, and sent a February 25, 2002, notice to class members that their time to object to the settlement had passed and that grievances, if any, about the CM program were to be sent to the FDOC.

After nearly two years, on January 8, 2004, plaintiffs asked that the court restore the case to its trial docket, alleging that the state had failed to implement the promised reforms and that the CM program continued to operate to deny plaintiffs their Eighth Amendment protections. In support of their request, the plaintiffs submitted reports by experts they had retained who were familiar with the conditions imposed in the CM program.

On March 10, 2004, District Judge Donald L. Graham issued an order transferring the case to the U. S. District Court for the Middle District of Florida. The case continued there and resulted in a bench trial before District Judge Henry Lee Adams, Jr., between September 11 and 21, 2006. The parties submitted proposed findings of fact and conclusions of law on February 27 and 28, 2007, in the case, now styled Osterback v. Secretary, docket number 3:04-cv-00210-HLA-MCR. The case was then reassigned again to Judge James R. Klindt, docket number 3:04-cv-210-J-25JRK. However, shortly thereafter, Judge Adams, terminated the proposed injunctive relief in accordance with the Prison Litigation Reform Act's limitation on the time span of prison reform decrees and the clerk was directed to close the case on March 25, 2008.

Summary Authors

Mike Fagan (4/11/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8038948/parties/osterback-v-dept-of-corrections/


Judge(s)

Adams, Henry Lee Jr. (Florida)

Graham, Donald L. (Florida)

Huck, Paul C. (Florida)

Moreno, Federico A. (Florida)

Richardson, Monte C. (Florida)

Sorrentino, Charlene H. (Florida)

Attorneys(s) for Plaintiff

Berg, Randall Challen Jr. (Florida)

Jones, Christopher Michael (Florida)

Kachergus, Matthew R. (Florida)

O'Brien, Cullin Avram (Florida)

Judge(s)

Adams, Henry Lee Jr. (Florida)

Graham, Donald L. (Florida)

Huck, Paul C. (Florida)

Moreno, Federico A. (Florida)

Richardson, Monte C. (Florida)

Sorrentino, Charlene H. (Florida)

Attorneys(s) for Plaintiff

Berg, Randall Challen Jr. (Florida)

Jones, Christopher Michael (Florida)

Kachergus, Matthew R. (Florida)

O'Brien, Cullin Avram (Florida)

Sheppard, William J. (Florida)

Siegel, Peter Michael (Florida)

Thomas, D. Gray (Florida)

Attorneys(s) for Defendant

Butterworth, Robert A. (Florida)

Fahlbusch, Charles M. (Florida)

Kilinski, Caryl (Florida)

Maher, Susan Adams (Florida)

Peters, James Aaron (Florida)

Savor, Kathleen M. (Florida)

Streeter, Maxine K (Florida)

Vail, E. Jason (Florida)

Von Hoene, Kathleen Marie (Florida)

Expert/Monitor/Master

Haney, Craig William (California)

Documents in the Clearinghouse

Document

Docket (PACER)

Osterback, et al v. Dept. of Corrections, et al

April 30, 2010 Docket

Docket (PACER) [After Transfer to Middle District of FL]

Osterback, et al v. Secretary, DOC, et al

U.S. District Court for the Middle District of Florida

July 19, 2013 Docket
19

Report of Magistrate Judge [Re: Class Certification]

Osterback v. Singletary

Dec. 24, 1997 Magistrate Report/Recommendation
27

Order [Accepting Report on Class Certification]

Osterback v. Singletary

Feb. 3, 1998 Order/Opinion
91

Second Amended Complaint - Class Action

Nov. 1, 1999 Complaint
120

Order Adopting Magistrates's Report and Recommendation and Overruling Defendants' Objections

Osterback v. Singletary

July 26, 2000 Order/Opinion
241

Defendants' Revised Offer of Judgment

Oct. 2, 2001 Pleading / Motion / Brief
243

Notice of Class Action Settlement to All Inmates Currently in the Custody of the Florida Department of Corrections

Oct. 10, 2001 Notice Letter
241

Plaintiffs' Notice of Acceptance of Defendants' Revised Offer of Judgment

Nov. 3, 2001 Notice Letter
308

Omnibus Order Denying Class Members' Pro Se Motions

Nov. 16, 2001 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8038948/osterback-v-dept-of-corrections/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT/42 USC 1983 Prisoner Civil Rights Act filed; FILING FEE not paid CHS B-3 (Former Deputy Clerk) (Entered: 08/29/1997)

Aug. 28, 1997 PACER
2

Clerk's Notice referring case to Magistrate Charlene H. Sorrentino, re: Administrative Order 93-69 and 96-55 (Former Deputy Clerk) (Entered: 08/29/1997)

Aug. 28, 1997 PACER
3

MOTION by Mark Osterback, Thomas Albert Gross Jr., Darryl E. Williams, Inmates for appointment of counsel (Former Deputy Clerk) (Entered: 08/29/1997)

Aug. 28, 1997 PACER
4

MOTION by Mark Osterback, Thomas Albert Gross Jr., Darryl E. Williams, Inmates for preliminary injunction (Former Deputy Clerk) (Entered: 08/29/1997)

Aug. 28, 1997 PACER
5

REPORT AND RECOMMENDATIONS of Magistrate Judge Charlene H. Sorrentino Re: DENYING [4-1] motion for preliminary injunction ; Signature date: 8/29/97 Motion no longer referred Objections to R and R due by 9/12/97 CCAP (sk, Deputy Clerk) (Entered: 09/04/1997)

Sept. 2, 1997 PACER
6

ORDER denying [3-1] motion for appointment of counsel ( signed by Magistrate Judge Charlene H. Sorrentino on 8/29/97) CCAP (sk, Deputy Clerk) (Entered: 09/04/1997)

Sept. 2, 1997 PACER
7

ORDER requiring payment of filing fee or motion to proceed in forma pauperis with detailed financial affidavit by Thomas Gross ( signed by Magistrate Judge Charlene H. Sorrentino on 9/8/97) CCAP (hd, Deputy Clerk) Modified on 09/11/1997 (Entered: 09/11/1997)

Sept. 9, 1997 PACER
8

ORDER requiring payment of filing fee by installment; granting motion to proceed in forma pauperis by Darryl Williams ( signed by Magistrate Judge Charlene H. Sorrentino on 9/8/97) CCAP (hd, Deputy Clerk) (Entered: 09/11/1997)

Sept. 9, 1997 PACER
9

ORDER requiring payment of filing fee by installment; granting motion to proceed in forma pauperis by Mark Osterback ( signed by Magistrate Judge Charlene H. Sorrentino on 9/8/97) CCAP (hd, Deputy Clerk) (Entered: 09/11/1997)

Sept. 9, 1997 PACER
10

MOTION by Mark Osterback, Thomas Albert Gross Jr., Darryl E. Williams, Inmates to extend time to object to 8/29/97 report and recommendations (sk, Deputy Clerk) (Entered: 09/12/1997)

Sept. 10, 1997 PACER
11

MOTION by Thomas Albert Gross Jr. to proceed in forma pauperis (sk, Deputy Clerk) (Entered: 09/12/1997)

Sept. 10, 1997 PACER
12

Partial filing fee payment by Mark Osterback ; Receipt Number: 682051 in the amount of $ 1.30 (sk, Deputy Clerk) (Entered: 09/26/1997)

Sept. 24, 1997 PACER
13

ORDER adopting [5-1] report and recommendations denying [4-1] motion for preliminary injunction ( signed by Judge Federico A. Moreno on 10/3/97) CCAP (hd, Deputy Clerk) (Entered: 10/09/1997)

Oct. 3, 1997 PACER
14

Partial filing fee payment by Darryl E. Williams ; Receipt Number: 682733 in the amount of $ .83 (lk, Deputy Clerk) (Entered: 10/16/1997)

Oct. 10, 1997 PACER
15

MOTION by Mark Osterback, Thomas Albert Gross Jr., Darryl E. Williams, Inmates to certify class action (sk, Deputy Clerk) (Entered: 11/07/1997)

Nov. 4, 1997 PACER
16

AMENDED COMPLAINT by Mark Osterback, Thomas Albert Gross Jr., Darryl E. Williams, (Answer due 11/29/97 for Dept. of Corrections, for Joe T. Butler, for H. J. Sermon, for A. T. Price, for Ricks, for Gloria White, for S. Pichardo ) amending [1-1] complaint adding C. Hayes, F. T. Staten (sk, Deputy Clerk) (Entered: 11/21/1997)

Nov. 19, 1997 PACER
17

APPENDIX SUPPLEMENT to: [16-1] amended complaint by Mark Osterback, Thomas Albert Gross Jr., Darryl E. Williams (sk, Deputy Clerk) (Entered: 11/21/1997)

Nov. 19, 1997 PACER
18

ORDER requiring payment of filing fee by installment; granting [11-1] motion to proceed in forma pauperis ( signed by Judge Federico A. Moreno on 12/8/97) CCAP (sk, Deputy Clerk) (Entered: 12/11/1997)

Dec. 9, 1997 PACER
19

REPORT AND RECOMMENDATIONS of Magistrate Judge Charlene H. Sorrentino Re: [15-1] motion to certify class action be denied ; Signature date: 12/23/97 Motion no longer referred Objections to R and R due by 1/3/98 CCAP (Former Deputy Clerk) (Entered: 01/07/1998)

Dec. 24, 1997 PACER
20

ORDER dismissing as moot [10-1] motion to extend time to object to 8/29/97 report and recommendations ( signed by Magistrate Judge Charlene H. Sorrentino on 12/23/97) CCAP (Former Deputy Clerk) (Entered: 01/07/1998)

Dec. 24, 1997 PACER
21

MOTION by Mark Osterback, Thomas Albert Gross Jr., Darryl E. Williams, Inmates for evidentiary Hearing (sk, Deputy Clerk) (Entered: 01/09/1998)

Jan. 6, 1998 PACER
22

OBJECTION by Mark Osterback, Thomas Albert Gross Jr., Darryl E. Williams, Inmates to [19-1] report and recommendations (sk, Deputy Clerk) (Entered: 01/09/1998)

Jan. 6, 1998 PACER
35

MOTION by Mark Osterback, Inmates, Darryl E. Williams, Thomas Albert Gross Jr. for order permitting communication between plaintiffs (sk, Deputy Clerk) (Entered: 04/23/1998)

Jan. 6, 1998 PACER
23

ORDER denying [21-1] motion for evidentiary Hearing ( signed by Magistrate Judge Charlene H. Sorrentino on 1/9/98) CCAP (sk, Deputy Clerk) (Entered: 01/20/1998)

Jan. 12, 1998 PACER
24

NOTIFICATION of complaince with Magistrates order of 12/8/97 by Thomas Albert Gross Jr. (cj, Deputy Clerk) (Entered: 01/22/1998)

Jan. 13, 1998 PACER
25

NOTICE of error of docketing statement on address by Thomas Albert Gross Jr. (cj, Deputy Clerk) (Entered: 01/22/1998)

Jan. 13, 1998 PACER
26

MOTION by Thomas Albert Gross Jr. for clarification of [18-1] order requiring filing fee by payment (sk, Deputy Clerk) (Entered: 02/05/1998)

Feb. 2, 1998 PACER
27

ORDER denying [15-1] motion to certify class action ( signed by Judge Federico A. Moreno on 2/2/98) CCAP (sk, Deputy Clerk) (Entered: 02/09/1998)

Feb. 3, 1998 PACER
28

ORDER denying [26-1] motion for clarification of [18-1] order requiring filing fee by payment; The court will grant nothing for this plaintiff until the partial fee of $9.40 is paid. ( signed by Magistrate Judge Charlene H. Sorrentino on 2/5/98) CCAP (Former Deputy Clerk) (Entered: 02/12/1998)

Feb. 6, 1998 PACER
29

Partial filing fee payment by Thomas Albert Gross Jr. ; Receipt Number: 687561 in the amount of $ 9.40 (sk, Deputy Clerk) (Entered: 02/19/1998)

Feb. 17, 1998 PACER
30

MOTION by Darryl E. Williams, Thomas Albert Gross Jr., Mark Osterback for clarification of [9-2] order, [7-2] order (Former Deputy Clerk) (Entered: 02/26/1998)

Feb. 23, 1998 PACER
31

MOTION by Darryl E. Williams, Thomas Albert Gross Jr., Mark Osterback compel payment of filing fee by installment and relinquish holds on prison accounts (Former Deputy Clerk) (Entered: 02/26/1998)

Feb. 23, 1998 PACER

Motion(s) referred: [31-1] motion compel payment of filing fee by installment and relinquish holds on prison accounts referred to Magistrate Judge Charlene H. Sorrentino, [30-1] motion for clarification of [9-2] order, [7-2] order referred to Magistrate Judge Charlene H. Sorrentino (Former Deputy Clerk)

Feb. 23, 1998 PACER
32

ORDER denying [31-1] motion compel payment of filing fee by installment and relinquish holds on prison accounts ( signed by Magistrate Judge Charlene H. Sorrentino on 3/24/98) CCAP (sk, Deputy Clerk) (Entered: 03/26/1998)

March 24, 1998 PACER
33

ORDER granting [30-1] motion for clarification of [9-2] order, [7-2] order ( signed by Magistrate Judge Charlene H. Sorrentino on 3/24/98) CCAP (sk, Deputy Clerk) (Entered: 03/26/1998)

March 24, 1998 PACER
34

NOTICE of change of address by Mark Osterback (sk, Deputy Clerk) (Entered: 03/30/1998)

March 26, 1998 PACER
36

MOTION by Mark Osterback to permit communication between parties (sk, Deputy Clerk) (Entered: 05/04/1998)

April 30, 1998 PACER
37

MOTION by Mark Osterback to effect service of process (sk, Deputy Clerk) (Entered: 05/28/1998)

May 26, 1998 PACER
49

Letter to the Court by Mark Osterback (Former Deputy Clerk) (Entered: 08/25/1998)

July 27, 1998 PACER
38

ORDER granting [36-1] motion to permit communication between parties, granting [35-1] motion for order permitting communication between plaintiffs ( signed by Magistrate Judge Charlene H. Sorrentino on 8/11/98) CCAP (Former Deputy Clerk) (Entered: 08/17/1998)

Aug. 11, 1998 PACER
39

INITIAL ORDER OF INSTRUCTIONS TO PRO SE LITIGANT ( signed by Magistrate Judge Charlene H. Sorrentino on 8/17/98) CCAP (Former Deputy Clerk) (Entered: 08/20/1998)

Aug. 17, 1998 PACER
40

Notice of lawsuit and request for waiver of service for summons as to A. T. Price Mailed on: 8/17/98 30 days to file waiver. (Former Deputy Clerk) (Entered: 08/21/1998)

Aug. 18, 1998 PACER
41

Notice of lawsuit and request for waiver of service for summons as to F. T. Staten Mailed on: 8/17/98 30 days to file waiver. (Former Deputy Clerk) (Entered: 08/21/1998)

Aug. 18, 1998 PACER
42

Notice of lawsuit and request for waiver of service for summons as to S. Pichardo Mailed on: 8/17/98 30 days to file waiver. (Former Deputy Clerk) (Entered: 08/21/1998)

Aug. 18, 1998 PACER
43

Notice of lawsuit and request for waiver of service for summons as to C. Hayes Mailed on: 8/17/98 30 days to file waiver. (Former Deputy Clerk) (Entered: 08/21/1998)

Aug. 18, 1998 PACER
44

Notice of lawsuit and request for waiver of service for summons as to H. J. Sermon Mailed on: 8/17/98 30 days to file waiver. (Former Deputy Clerk) (Entered: 08/21/1998)

Aug. 18, 1998 PACER
45

Notice of lawsuit and request for waiver of service for summons as to Ricks Mailed on: 8/17/98 30 days to file waiver. (Former Deputy Clerk) (Entered: 08/21/1998)

Aug. 18, 1998 PACER
46

Notice of lawsuit and request for waiver of service for summons as to Gloria White Mailed on: 8/17/98 30 days to file waiver. (Former Deputy Clerk) (Entered: 08/21/1998)

Aug. 18, 1998 PACER
47

Notice of lawsuit and request for waiver of service for summons as to Dept. of Corrections Mailed on: 8/17/98 30 days to file waiver. (Former Deputy Clerk) Modified on 05/23/2001 (Entered: 08/21/1998)

Aug. 18, 1998 PACER
48

Notice of lawsuit and request for waiver of service for summons as to Joe T. Butler Mailed on: 8/17/98 30 days to file waiver. (Former Deputy Clerk) (Entered: 08/21/1998)

Aug. 18, 1998 PACER
50

NOTICE of change of address by Darryl E. Williams (DC# 579845- Everglades Correctional Institution, 1601 S.W. 187th AVE. PO BOX 65-9001, Miami, FL 33265-9001) (Former Deputy Clerk) (Entered: 09/28/1998)

Sept. 21, 1998 PACER
51

SUMMONS issued for H. J. Sermon (Former Deputy Clerk) (Entered: 11/05/1998)

Nov. 3, 1998 PACER
52

SUMMONS issued for A. T. Price (Former Deputy Clerk) (Entered: 11/05/1998)

Nov. 3, 1998 PACER
53

SUMMONS issued for C. Hayes (Former Deputy Clerk) (Entered: 11/05/1998)

Nov. 3, 1998 PACER
54

SUMMONS issued for S. Pichardo (Former Deputy Clerk) (Entered: 11/05/1998)

Nov. 3, 1998 PACER
55

SUMMONS issued for Dept. of Corrections (Former Deputy Clerk) (Entered: 11/05/1998)

Nov. 3, 1998 PACER
56

SUMMONS issued for Joe T. Butler (Former Deputy Clerk) (Entered: 11/05/1998)

Nov. 3, 1998 PACER
57

SUMMONS issued for F. T. Staten (Former Deputy Clerk) (Entered: 11/05/1998)

Nov. 3, 1998 PACER
58

SUMMONS issued for Ricks (Former Deputy Clerk) (Entered: 11/05/1998)

Nov. 3, 1998 PACER
59

SUMMONS issued for Gloria White (Former Deputy Clerk) (Entered: 11/05/1998)

Nov. 3, 1998 PACER
60

ORDER RE service of process requiring personal service upon an individual ( signed by Magistrate Judge Charlene H. Sorrentino on 10/30/98) CCAP (Former Deputy Clerk) (Entered: 11/05/1998)

Nov. 3, 1998 PACER
61

MOTION by F. T. Staten, S. Pichardo, Gloria White, H. J. Sermon for enlargement of time in which to serve a response (Former Deputy Clerk) (Entered: 12/29/1998)

Dec. 23, 1998 PACER
62

ORDER granting [61-1] motion for enlargement of time in which to serve a response reset answer due for 2/15/99 for Gloria White, for S. Pichardo, for H. J. Sermon, for Dept. of Corrections ( signed by Magistrate Judge Charlene H. Sorrentino on 12/28/98) CCAP (cp, Deputy Clerk) (Entered: 12/30/1998)

Dec. 28, 1998 PACER
72

MOTION by A. T. Price, Dept. of Corrections to extend time to serve response (ra, Deputy Clerk) (Entered: 01/08/1999)

Jan. 5, 1999 PACER
63

RETURN OF SERVICE executed for F. T. Staten on 12/7/98 Answer due on 12/27/98 for F. T. Staten (ra, Deputy Clerk) (Entered: 01/07/1999)

Jan. 6, 1999 PACER
64

Return of service unexecuted as to C. Hayes (ra, Deputy Clerk) (Entered: 01/07/1999)

Jan. 6, 1999 PACER
65

RETURN OF SERVICE executed for S. Pichardo on 12/18/98 Answer due on 1/7/99 for S. Pichardo (ra, Deputy Clerk) (Entered: 01/07/1999)

Jan. 6, 1999 PACER
66

RETURN OF SERVICE executed for Gloria White on 12/7/98 Answer due on 12/27/98 for Gloria White (ra, Deputy Clerk) (Entered: 01/07/1999)

Jan. 6, 1999 PACER
67

Return of service unexecuted as to Ricks (ra, Deputy Clerk) (Entered: 01/07/1999)

Jan. 6, 1999 PACER
68

RETURN OF SERVICE executed for A. T. Price on 12/18/98 Answer due on 1/7/99 for A. T. Price (ra, Deputy Clerk) (Entered: 01/07/1999)

Jan. 6, 1999 PACER
69

RETURN OF SERVICE executed for H. J. Sermon on 12/7/98 Answer due on 12/27/98 for H. J. Sermon (ra, Deputy Clerk) (Entered: 01/07/1999)

Jan. 6, 1999 PACER
70

Return of service unexecuted as to Joe T. Butler (ra, Deputy Clerk) (Entered: 01/07/1999)

Jan. 6, 1999 PACER
71

RETURN OF SERVICE executed for Dept. of Corrections on 12/9/98 Answer due on 12/29/98 for Dept. of Corrections (ra, Deputy Clerk) (Entered: 01/07/1999)

Jan. 6, 1999 PACER
73

ORDER granting [72-1] motion to extend time to 2/15/99 to serve response ( signed by Magistrate Judge Charlene H. Sorrentino on 1/6/99) CCAP (sk, Deputy Clerk) (Entered: 01/12/1999)

Jan. 11, 1999 PACER
74

MOTION by Mark Osterback to substitute Michael Moore fr harry K. Singletary as party (sk, Deputy Clerk) (Entered: 01/26/1999)

Jan. 22, 1999 PACER
75

MOTION by Dept. of Corrections, F. T. Staten, C. Hayes, S. Pichardo, Gloria White, A. T. Price, H. J. Sermon to dismiss complaint (sk, Deputy Clerk) (Entered: 02/22/1999)

Feb. 19, 1999 PACER
76

NOTICE of attorney appearance for Mark Osterback, Darryl E. Williams by Peter Michael Siegel (sk, Deputy Clerk) (Entered: 03/04/1999)

March 3, 1999 PACER
77

MOTION with memorandum in support by Mark Osterback, Darryl E. Williams to extend time to 3/26/99 to respond to motion to dismiss (sk, Deputy Clerk) (Entered: 03/04/1999)

March 3, 1999 PACER
78

ORDER mooting [37-1] motion to effect service of process ( signed by Judge Sorrentino on 3/8/99) CCAP (sk, Deputy Clerk) (Entered: 03/09/1999)

March 8, 1999 PACER
79

ORDER granting [77-1] motion to extend time to 3/26/99 to respond to motion to dismiss ( signed by Magistrate Judge Charlene H. Sorrentino on 3/8/99) CCAP (sk, Deputy Clerk) (Entered: 03/09/1999)

March 8, 1999 PACER
80

ORDER granting [74-1] motion to substitute Michael Moore fr harry K. Singletary as party ( signed by Magistrate Judge Charlene H. Sorrentino on 3/8/99) CCAP (sk, Deputy Clerk) (Entered: 03/09/1999)

March 8, 1999 PACER
81

ORDER denying [37-1] motion to effect service of process ( signed by Judge Federico A. Moreno on 3/12/99) CCAP (sk, Deputy Clerk) (Entered: 03/17/1999)

March 15, 1999 PACER
82

Request by Darryl E. Williams, Thomas Albert Gross Jr., Mark Osterback for leave to amend [16-1] amended complaint (Former Deputy Clerk) (Entered: 03/29/1999)

March 25, 1999 PACER
83

MOTION by Dept. of Corrections for protective order (Former Deputy Clerk) (Entered: 04/12/1999)

April 9, 1999 PACER
84

NOTICE of Unavailability by Dept. of Corrections (sk, Deputy Clerk) (Entered: 04/16/1999)

April 14, 1999 PACER
85

RESPONSE by Mark Osterback, Thomas Albert Gross Jr., Darryl E. Williams, Inmates in opposition to [83-1] opposition response/objections to discovery request, and [83-1] motion for protective order (sk, Deputy Clerk) (Entered: 04/23/1999)

April 19, 1999 PACER
86

NOTICE of Unavailability of counsel Kathleen M. Savor from 7/21/99 through 7/28/99 by F. T. Staten, C. Hayes, S. Pichardo, Gloria White, Ricks, A. T. Price, H. J. Sermon, Joe T. Butler, Dept. of Corrections (Former Deputy Clerk) (Entered: 06/17/1999)

June 16, 1999 PACER
87

NOTICE of Change of Address of party by Mark Osterback (Former Deputy Clerk) (Entered: 07/21/1999)

July 21, 1999 PACER
88

REPORT AND RECOMMENDATIONS of Magistrate Judge Charlene H. Sorrentino recommending that [75-1] motion to dismiss complaint be DENIED. Motion no longer referred. Signed on: 8/31/99 Objections to R and R due by 9/10/99 CCAP (sk, Deputy Clerk) (Entered: 09/03/1999)

Aug. 31, 1999 PACER
89

ORDER granting [82-1] motion for leave to amend [16-1] amended complaint, granting in part, denying in part [83-1] motion for protective order ( Signed by Magistrate Judge Charlene H. Sorrentino on 8/31/99) CCAP [EOD Date: 9/3/99] (sk, Deputy Clerk) (Entered: 09/03/1999)

Aug. 31, 1999 PACER
90

ORDER denying [75-1] motion to dismiss complaint ( Signed by Judge Federico A. Moreno on 9/1/99) CCAP [EOD Date: 9/8/99] (sk, Deputy Clerk) (Entered: 09/08/1999)

Sept. 1, 1999 PACER
91

SECOND AMENDED COMPLAINT CLASS ACTION by Mark Osterback, amending [16-1] amended complaint adding Frederick Clark, Danny L. Eldridge, Alvin M. Few, Lavictor Flournoy, Frank S. Lowry, Brian D. Messenger, Robert Peri, Salvatore J. Ricci, Hector M. Rivas, Carlos Ruiz, Lawrence J. Sargent, Antonio L. Ward, Willie J. Watson, Nebuchadnezzar Wrisper, Paul C. Decker, Warren W. Cornell, David L. Pridgen, Lonnie E. Holmes, James V. Crosby Jr., Chester B. Lambdin, Joseph S. Petrovesky, Clark J. Moody, Charles E. Germany (sk, Deputy Clerk) (Entered: 11/04/1999)

Nov. 1, 1999 PACER
92

MOTION with memorandum in support by All Plaintiffs to compel answer(s)/respond(ses) to interrogatories/request(s) for production (sk, Deputy Clerk) (Entered: 11/17/1999)

Nov. 17, 1999 PACER
93

MOTION by All Defendants to dismiss No. 97-2806, and require plaintiffs to refile under new case number (sk, Deputy Clerk) (Entered: 12/02/1999)

Dec. 1, 1999 PACER
94

MOTION by All Defendants to extend time to 12/17/99 to respond to motion to compel (sk, Deputy Clerk) (Entered: 12/03/1999)

Dec. 2, 1999 PACER
95

ORDER granting [94-1] motion to extend time to respond to motion to compel Response to motion reset to 12/17/99 for [92-1] motion to compel to interrogatories/request(s) for production (Signed by Magistrate Judge Charlene H. Sorrentino on 12/3/99) CCAP [EOD Date: 12/7/99] (ea, Deputy Clerk) (Entered: 12/07/1999)

Dec. 3, 1999 PACER
96

MOTION with memorandum in support by All Plaintiffs to extend time to 12/26/99 to respond to motion to dismiss (sk, Deputy Clerk) (Entered: 12/10/1999)

Dec. 10, 1999 PACER
97

Waiver of service executed by Dept. of Corrections, F. T. Staten, C. Hayes, S. Pichardo, Gloria White, Ricks, A. T. Price, H. J. Sermon, Joe T. Butler, Paul C. Decker, Warren W. Cornell, David L. Pridgen, Lonnie E. Holmes, James V. Crosby Jr., Chester B. Lambdin, Joseph S. Petrovesky, Clark J. Moody, Charles E. Germany (Attorney ), 12/3/99 Answer due by 2/1/00 for Charles E. Germany, for Clark J. Moody, for Joseph S. Petrovesky, for Chester B. Lambdin, for James V. Crosby Jr., for Lonnie E. Holmes, for David L. Pridgen, for Warren W. Cornell, for Paul C. Decker, for Nebuchadnezzar Wrisper, for Dept. of Corrections, for Joe T. Butler, for H. J. Sermon, for A. T. Price, for Ricks, for Gloria White, for S. Pichardo, for C. Hayes, for F. T. Staten individually (attorneys name illegible) (sk, Deputy Clerk) (Entered: 12/10/1999)

Dec. 10, 1999 PACER
98

ORDER granting [96-1] motion to extend time to respond to motion to dismiss Response to motion reset to 12/26/99 for [93-1] motion to dismiss (Signed by Magistrate Judge Charlene H. Sorrentino on 12/13/99) [EOD Date: 12/15/99] (ea, Deputy Clerk) (Entered: 12/15/1999)

Dec. 14, 1999 PACER
99

RESPONSE by All Defendants to [92-1] motion to compel answer(s)/respond(ses) to interrogatories/request(s) for production (Former Deputy Clerk) (Entered: 12/22/1999)

Dec. 20, 1999 PACER

State / Territory: Florida

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 28, 1997

Closing Date: March 25, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who are currently assigned to Close Management in prisons operated by the Florida Department of Corrections or who in the future will be assigned to Close Management One, Two, or Three (subclasses)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Florida Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Issues

General:

Education

Law library access

Library (non-law) access

Pepper/OC spray

Phone

Recreation / Exercise

Religious programs / policies

Restraints : physical

Totality of conditions

Visiting

Affected Gender:

Male

Type of Facility:

Government-run