University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Florida D.J.J. v. C.A JI-FL-0003
Docket / Court 97-2423 ( State Court )
State/Territory Florida
Case Type(s) Juvenile Institution
Case Summary
This case involves several consolidated cases in Florida State Court by juveniles who were adjudicated delinquent and committed to the Florida Department of Juvenile Justice. Following orders adjudicating them delinquent, each of the plaintiffs was placed at the Pahokee Youth Development Center, ... read more >
This case involves several consolidated cases in Florida State Court by juveniles who were adjudicated delinquent and committed to the Florida Department of Juvenile Justice. Following orders adjudicating them delinquent, each of the plaintiffs was placed at the Pahokee Youth Development Center, which was designated as a moderate risk facility, and filed motions to modify their commitment orders. The juveniles, who were represented by the Florida Public Defender, sought a modification of the dispositional order, alleging that the placement at the Pahokee facility "was a de facto commitment to a [high-risk] or [maximum-risk] restrictiveness program." The motions complained of the number of beds, the fact that the beds were bolted to the floor, the width and thickness of the mattresses, the clothes the juveniles were required to wear, the haircuts they received, the barbed wire at the perimeter of the facility, the length of the meals, the amount of visitation, and the insufficient "freedom of movement." After consolidating the cases, the Circuit Court of Dade County (Judge Steven D. Robinson) held that the question presented was whether the Pahokee facility met the statutory definition of a "moderate-risk" facility. The court found that the Pahokee facility did not meet the statutory definition of "moderate-risk" and held that the Department of Juvenile Justice did not have the authority to place the juveniles at that facility.

The Department of Juvenile Justice appealed, arguing that the trial court exceeded its authority and did not have the power to prohibit the department from placing the juveniles at a particular facility. The District Court of Appeals of Florida (per curiam) agreed with the Department of Juvenile Justice and on November 25, 1998, reversed the decision of the trial court. State, Dept. of Juvenile Justice v. E.R., 724 So.2d 129 (Fla. App. 3 Dist. 1998). The court reasoned that the juveniles' Motion to Modify Sentence was not argued as such and the order entered went well beyond the modification of the juveniles' sentences. Further, it held that the trial court usurped the Department of Juvenile Justice's statutory authority.

The only documents we have are two appellate briefs and the 1998 decision of the appeals court. This case does not appear to be ongoing.

Kaitlin Corkran - 06/05/2006


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Issues and Causes of Action
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Issues
Affected Gender
Male
General
Classification / placement
Food service / nutrition / hydration
Over/Unlawful Detention
Totality of conditions
Visiting
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action
Defendant(s) Florida Department of Juvenile Justice
Plaintiff Description by juveniles who were adjudicated delinquent and placed at the Pahokee Youth Development Center
Indexed Lawyer Organizations None on record
Class action status sought None on record
Class action status granted Unknown
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 1998
Case Ongoing No
Docket(s)
No docket sheet currently in the collection
General Documents
Appellant's Amended Initial Brief 05/19/1998
JI-FL-0003-0001 PDF | Detail
Answer Brief of Appellees 07/28/1998
JI-FL-0003-0002 PDF | Detail
Reported Opinion 11/25/1998 (724 So.2d 129)
JI-FL-0003-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Brummer, Bennett H. (Florida)
JI-FL-0003-0002 | JI-FL-0003-0003
Rosenthal, Bruce A. (Florida)
JI-FL-0003-0001 | JI-FL-0003-0002 | JI-FL-0003-0003
Defendant's Lawyers Botkin, Leon (Florida)
JI-FL-0003-0001
Butterworth, Robert A. (Florida)
JI-FL-0003-0003
Milla, John (Florida)
JI-FL-0003-0001 | JI-FL-0003-0003
Neimand, Michael J. (Florida)
JI-FL-0003-0001 | JI-FL-0003-0003
Other Lawyers None on record

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