Case: Gambuzza v. Parmenter

8:09-cv-01891 | U.S. District Court for the Middle District of Florida

Filed Date: June 29, 2009

Clearinghouse coding complete

Case Summary

On June 29, 2009, two inmates at the Manatee County Jail filed a pro se lawsuit in the Middle District Court of Florida challenging the constitutionality of the jail’s new mail policy. The inmates filed under 42 U.S.C. § 1983 on behalf of themselves and all others similarly situated at the jail, alleging that the new policy, which only allowed inmates to receive post-cards, was unconstitutional. Additionally, the plaintiffs alleged that jail personnel were opening their privileged mail and were…

On June 29, 2009, two inmates at the Manatee County Jail filed a pro se lawsuit in the Middle District Court of Florida challenging the constitutionality of the jail’s new mail policy. The inmates filed under 42 U.S.C. § 1983 on behalf of themselves and all others similarly situated at the jail, alleging that the new policy, which only allowed inmates to receive post-cards, was unconstitutional. Additionally, the plaintiffs alleged that jail personnel were opening their privileged mail and were allowing trainees to search legal bins and legal mail without the owner being present, and that the defendants were violating their constitutional rights by allowing trainees to perform training exercises on them and other prisoners, including cavity searches. The plaintiffs asked the court for injunction and declaratory judgment claiming violations of the First and Fourteenth Amendment rights.

On July 8, 2009, the case was dismissed without prejudice, because the plaintiffs raised several unrelated claims in the same complaint. Plaintiffs filed an amended pro se complaint on July 24, 2009, which only challenged the Manatee County Jail mail policy. The Court dismissed the amended complaint without prejudice because the plaintiffs were proceeding pro se and were purporting to bring a class action for themselves and all others similarly situated.

On September 4, 2009, the plaintiffs filed a pro se 42 U.S.C. § 1983 complaint on behalf of themselves and all others similarly situated, alleging that the new mail policy at Manatee County Jail and the Defendants' practice of opening privileged mail and censoring the newspaper given to inmates violated the plaintiffs' constitutional rights.

The court appointed counsel to the Plaintiffs on October 26, 2009. Plaintiffs' counsel--the Florida Justice Institute and private counsel--filed an amended complaint on February 18, 2010, claiming that the new mail policy violated the First and Fourteenth Amendment rights of the inmates and the inmates family members and friends. The plaintiffs' group included two inmates and two family members of inmates. The plaintiffs sought injunctive relief.

On April 15, 2010, the defendants filed a motion to dismiss the plaintiffs' complaint. Later, on May 12, 2010, the defendants filed a motion to disqualify Judge Kovachevich for bias or prejudice. The defendants alleged that one of Judge Kovachevich's staff attorneys undertook a factual investigation regarding the plaintiffs' claim. Allegedly, the staff attorney contacted the jail and requested legal precedent regarding the defendants' mail policy. Additionally, the defendants claimed that the staff attorney made a sua sponte request for counsel to represent the plaintiffs.

On May 28, 2010 Judge Elizabeth A. Kovachevich dismissed the plaintiffs' complaint. The court held that postcard only mail policies were reasonably related to penological interests and cited precedent from the Middle District of Florida. Turner v. Safley, 482 U.S. at 85, 107 S.Ct. 2254 (1987).

On June 23, 2010, the plaintiffs filed a motion for reconsideration of the case. Specifically the plaintiffs argued that the case should be reconsidered because the case was dismissed while there was a pending motion for the recusal of Judge Kovachevich. Furthermore, the court dismissed the case sua sponte before the defendants explained why their practices carried out a legitimate penological interest, nor were the plaintiffs allowed to present evidence to the contrary.

On March 11, 2011 the court issued an order to have both parties report on whether the case was moot before ruling on the plaintiffs’ motion for reconsideration. The order stated that both inmates had been released from the jail and that any argument for granting injunctive relief on account that the plaintiffs might be future inmates was without merit. The plaintiffs’ counsel responded on March 25, 2011 and argued that the case was not moot because the plaintiffs still had standing to seek injunctive and declaratory relief on behalf of the proposed class of persons similarly situated. On March 29, 2011 the defendants responded that the claims were moot because the plaintiffs were no longer inmates and thus no longer had a personal stake in the matter.

What happened next is unclear. Two of the lawyers for the Florida Justice Institute filed motions to withdraw, because they were moving out of state. Both motions stated that other counsel would remain involved (both motions were granted). But there is no other recorded activity in the docket. As of October 15, 2016, there are no new orders regarding the motion, and apparently the Manatee County Jail still has a strict post-card old policy in place. We assume the case is now closed.

Summary Authors

Joe Reiter (5/12/2011)

Maurice Youkanna (7/4/2014)

Abigail DeHart (10/14/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4225575/parties/gambuzza-v-parmenter/


Judge(s)
Attorney for Plaintiff

Berg, Randall Challen Jr. (Florida)

Felman, James E (Florida)

Glickman, Joshua Aaron (Florida)

Heller, Shawn Alex (Florida)

Attorney for Defendant

Giuffreda, Richard A (Florida)

show all people

Documents in the Clearinghouse

Document

8:09-cv-01891

U.S. District Court Middle District of Florida (Tampa)

Sept. 14, 2012

Sept. 14, 2012

Docket
3

8:09-cv-01891

Order

Sept. 21, 2009

Sept. 21, 2009

Order/Opinion
10

8:09-cv-01891

FIRST AMENDED COMPLAINT

Feb. 18, 2010

Feb. 18, 2010

Complaint
18

8:09-cv-01891

DEFENDANTS MOTION TO DISMISS (AND MEMORANDUM OF LAW)

April 15, 2010

April 15, 2010

Pleading / Motion / Brief
25

8:09-cv-01891

DEFENDANTS’ MOTION FOR DISQUALIFICATION FOR BIAS OR PREJUDICE (And Memorandum of Law)

Gambuzza v. Higginbotham

May 12, 2010

May 12, 2010

Pleading / Motion / Brief
28

8:09-cv-01891

ORDER

May 28, 2010

May 28, 2010

Order/Opinion
31

8:09-cv-01891

PLAINTIFFS’ MOTION FOR RECONSIDERATION AND RECUSAL

June 23, 2010

June 23, 2010

Pleading / Motion / Brief
37

8:09-cv-01891

Order

March 11, 2011

March 11, 2011

Order/Opinion
38

8:09-cv-01891

Plaintiffs' Memorandum of Law in Response to the Court's Order of March 11, 2011, Regarding Mootness

March 25, 2011

March 25, 2011

Pleading / Motion / Brief
40

8:09-cv-01891

Response to the Court's Order to Show Cause

March 29, 2011

March 29, 2011

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4225575/gambuzza-v-parmenter/

Last updated Jan. 28, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Brad Steube(in his official capacity), T. McGuire(individually), T. McGuire(in his official capacity), L. Brooks(individually), L. Brooks(in his official capacity), C. Bejarano(individually), C. Bejarano(in his official capacity), Parmenter Lieutenant(individually), Parmenter Lieutenant(in his official capacity), Ackles Captain(individually), Ackles Captain(in his official capacity), Jamey Higgenbotham(individually), Jamey Higgenbotham(in his official capacity), Brad Steube(individually) filed by Michael Lindsey Gambuzza, Christopher Scott Drescher. (NOTE: Complaint does not contain an original signature - it appears to be a photo copy)(LYB) (Entered: 09/15/2009)

Sept. 4, 2009

Sept. 4, 2009

RECAP
2

NOTICE of designation under Local Rule 3.05 - track 1. (AO) (Entered: 09/21/2009)

Sept. 21, 2009

Sept. 21, 2009

PACER
3

ORDER reassigning this case to the Honorable Elizabeth A. Kovachevich for all further proceedings pursuant to Local Rule 1.04. Signed by Judge James D. Whittemore on 9/21/2009. (KE) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
4

Case reassigned to Judge Elizabeth A. Kovachevich. New case number: 8:09-cv-1891-T-17TBM. Judge James D. Whittemore no longer assigned to the case. (LYB) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
5

STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by Judge Elizabeth A. Kovachevich on 9/22/2009. (LYB) (Entered: 09/22/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
6

MOTION to appoint counsel (pro bono) by Michael Lindsey Gambuzza, Christopher Scott Drescher. (Attachments: # 1 Exhibit A)(Yanes, Katherine) Motions referred to Magistrate Judge Thomas B. McCoun III. (Entered: 10/26/2009)

1 Exhibit A

View on PACER

2 Exhibit A

View on PACER

Oct. 26, 2009

Oct. 26, 2009

PACER
7

ORDER granting 6 Katherine Earle Yanes', James E. Felman's, and Kynes, Markman and Felman's request for appointment as pro bono counsel on behalf of the Plaintiffs. Signed by Judge Elizabeth A. Kovachevich on 10/28/2009. (SM) (Entered: 10/28/2009)

Oct. 28, 2009

Oct. 28, 2009

RECAP
8

MOTION to extend time to Serve the Complaint by Michael Lindsey Gambuzza, Christopher Scott Drescher. (Yanes, Katherine) (Entered: 12/23/2009)

Dec. 23, 2009

Dec. 23, 2009

PACER
9

ENDORSED ORDER granting 8 Counsel's Motion to extend time to file a complaint. The complaint shall be filed on or before February 26, 2010. Signed by Judge Elizabeth A. Kovachevich on 12/28/2009. (SM) (Entered: 12/28/2009)

Dec. 28, 2009

Dec. 28, 2009

PACER
10

AMENDED COMPLAINT against Ackles Captain(in his official capacity), Jamey Higgenbotham(in his official capacity), Lieutenant Parmenter(in his official capacity), Brad Steube(in his official capacity) filed by Christopher Scott Drescher, Michael Lindsey Gambuzza, Deborah Sorensen, Barbara Schnurr.(Yanes, Katherine) (Entered: 02/18/2010)

Feb. 18, 2010

Feb. 18, 2010

RECAP
11

*** DOCUMENT TERMINATED, COUNSEL NOTIFIED TO REFILE WAIVERS SEPARATELY *** WAIVER OF SERVICE returned executed on 03/09/2010 by Christopher Scott Drescher, Michael Lindsey Gambuzza, Barbara Schnurr, Deborah Sorensen as to Anthony Ackles, James Higginbotham, Diane Parmenter, Brad Steube(Sheriff, in their official capacities). (Attachments: # 1 Exhibit Waivers)(Yanes, Katherine) Modified on 3/15/2010 (LYB). (Entered: 03/15/2010)

1 Exhibit Waivers

View on PACER

March 15, 2010

March 15, 2010

PACER
12

WAIVER OF SERVICE returned executed on 03/09/2010 by Christopher Scott Drescher, Michael Lindsey Gambuzza, Barbara Schnurr, Deborah Sorensen as to Anthony Ackles. (Attachments: # 1 Exhibit Waiver)(Yanes, Katherine) (Entered: 03/15/2010)

1 Exhibit Waiver

View on PACER

March 15, 2010

March 15, 2010

PACER
13

WAIVER OF SERVICE returned executed on 03/09/2010 by Christopher Scott Drescher, Michael Lindsey Gambuzza, Barbara Schnurr, Deborah Sorensen as to James Higginbotham. (Attachments: # 1 Exhibit Waiver)(Yanes, Katherine) (Entered: 03/15/2010)

1 Exhibit Waiver

View on PACER

March 15, 2010

March 15, 2010

PACER
14

WAIVER OF SERVICE returned executed on 03/09/2010 by Christopher Scott Drescher, Michael Lindsey Gambuzza, Barbara Schnurr, Deborah Sorensen as to Diane Parmenter. (Attachments: # 1 Exhibit Waiver)(Yanes, Katherine) (Entered: 03/15/2010)

1 Exhibit Waiver

View on PACER

March 15, 2010

March 15, 2010

PACER
15

WAIVER OF SERVICE returned executed on 03/09/2010 by Christopher Scott Drescher, Michael Lindsey Gambuzza, Barbara Schnurr, Deborah Sorensen as to Brad Steube(Sheriff, in their official capacities). (Attachments: # 1 Exhibit Waiver)(Yanes, Katherine) (Entered: 03/15/2010)

1 Exhibit Waiver

View on PACER

March 15, 2010

March 15, 2010

PACER
16

AMENDED NOTICE of designation under Local Rule 3.05 - track 2. (CLM) (Entered: 03/23/2010)

March 23, 2010

March 23, 2010

PACER
17

NOTICE of Appearance by Jason Lee Scarberry on behalf of C. Bejarano(in his official capacity), Ackles Captain(in his official capacity), Jamey Higgenbotham(individually), T. McGuire(in his official capacity), Lieutenant Parmenter(individually), Brad Steube(Sheriff, in their official capacities) (Scarberry, Jason) (Entered: 04/09/2010)

April 9, 2010

April 9, 2010

PACER
18

MOTION to dismiss Plaintiff's Amended Complaint (And Memorandum of Law) by Anthony Ackles, James Higginbotham, Diane Parmenter. (Scarberry, Jason) (Entered: 04/15/2010)

April 15, 2010

April 15, 2010

PACER
19

Defendant Sheriff's ANSWER and affirmative defenses with Jury Demand to 10 Amended complaint by Brad Steube(Sheriff, in their official capacities).(Scarberry, Jason) (Entered: 04/15/2010)

April 15, 2010

April 15, 2010

PACER
20

NOTICE of Appearance by Richard A. Giuffreda on behalf of Anthony Ackles, James Higginbotham, Diane Parmenter, Brad Steube(Sheriff, in their official capacities) (Giuffreda, Richard) (Entered: 04/19/2010)

April 19, 2010

April 19, 2010

PACER
21

CASE MANAGEMENT REPORT. (Yanes, Katherine) (Entered: 04/21/2010)

April 21, 2010

April 21, 2010

PACER
22

RESPONSE to motion re 18 MOTION to dismiss Plaintiff's Amended Complaint (And Memorandum of Law) filed by Christopher Scott Drescher, Michael Lindsey Gambuzza, Barbara Schnurr, Deborah Sorensen. (Yanes, Katherine) (Entered: 04/23/2010)

April 23, 2010

April 23, 2010

PACER
23

Unopposed MOTION for miscellaneous relief, specifically Set Class Certification Briefing Schedule by Christopher Scott Drescher, Michael Lindsey Gambuzza, Barbara Schnurr, Deborah Sorensen. (Yanes, Katherine) (Entered: 04/23/2010)

April 23, 2010

April 23, 2010

PACER
24

ORDER granting 23 Motion to set class certification briefing schedule. Signed by Judge Elizabeth A. Kovachevich on 4/27/2010. (JNB) (Entered: 04/27/2010)

April 27, 2010

April 27, 2010

PACER
25

MOTION to disqualify judge for Bias or Prejudice (And Memorandum of Law) by Anthony Ackles, James Higginbotham, Diane Parmenter, Brad Steube(Sheriff, in their official capacities). (Attachments: # 1 Exhibit A-Plf's Compl, # 2 Exhibit B-Order, # 3 Exhibit C-Amended Compl, # 4 Exhibit D-Phone Memo, # 5 Exhibit E-Order, # 6 Exhibit F-Affidavit of Michele Hall, # 7 Exhibit G-Email dated 9/10/2009, # 8 Exhibit H-handwrittten notes)(Scarberry, Jason) (Entered: 05/12/2010)

1 Exhibit A-Plf's Compl

View on PACER

2 Exhibit B-Order

View on PACER

3 Exhibit C-Amended Compl

View on PACER

4 Exhibit D-Phone Memo

View on PACER

5 Exhibit E-Order

View on PACER

6 Exhibit F-Affidavit of Michele Hall

View on PACER

7 Exhibit G-Email dated 9/10/2009

View on PACER

8 Exhibit H-handwrittten notes

View on PACER

May 12, 2010

May 12, 2010

PACER
26

MEMORANDUM in opposition re 25 Motion to disqualify judge filed by Christopher Scott Drescher, Michael Lindsey Gambuzza, Barbara Schnurr, Deborah Sorensen. (Yanes, Katherine) (Entered: 05/17/2010)

May 17, 2010

May 17, 2010

PACER
27

MOTION for leave to file Reply Memorandum in Support of their Motion to Disqualify (And Memorandum of Law) by Anthony Ackles, James Higginbotham, Diane Parmenter, Brad Steube(Sheriff, in their official capacities). (Scarberry, Jason) (Entered: 05/21/2010)

May 21, 2010

May 21, 2010

PACER
28

ORDER that this case is dismissed. The Clerk is directed to close this case. Signed by Judge Elizabeth A. Kovachevich on 5/28/2010. (SM) (Entered: 05/28/2010)

May 28, 2010

May 28, 2010

RECAP
29

*** DOCUMENT TERMINATED, COUNSEL NOTIFIED TO REFILE AS A MOTION *** NOTICE by Christopher Scott Drescher, Michael Lindsey Gambuzza, Barbara Schnurr, Deborah Sorensen of Substitution of Counsel (Yanes, Katherine) Modified on 6/24/2010 (LYB). (Entered: 06/23/2010)

June 23, 2010

June 23, 2010

PACER
30

NOTICE of Appearance by Randall Challen Berg, Jr on behalf of Christopher Scott Drescher, Michael Lindsey Gambuzza, Barbara Schnurr, Deborah Sorensen (Berg, Randall) (Entered: 06/23/2010)

June 23, 2010

June 23, 2010

PACER
31

MOTION for reconsideration and Recusal by Christopher Scott Drescher, Michael Lindsey Gambuzza, Barbara Schnurr, Deborah Sorensen. (Berg, Randall) (Entered: 06/23/2010)

June 23, 2010

June 23, 2010

RECAP
32

NOTICE of Appearance by Joshua Aaron Glickman on behalf of Christopher Scott Drescher, Michael Lindsey Gambuzza, Barbara Schnurr, Deborah Sorensen (Glickman, Joshua) (Entered: 06/25/2010)

June 25, 2010

June 25, 2010

PACER
33

NOTICE of Appearance by Shawn A. Heller on behalf of Christopher Scott Drescher, Michael Lindsey Gambuzza, Barbara Schnurr, Deborah Sorensen (Heller, Shawn) (Entered: 06/25/2010)

June 25, 2010

June 25, 2010

PACER
34

MEMORANDUM in opposition re 31 Motion for reconsideration filed by Anthony Ackles, James Higginbotham, Lieutenant Parmenter(individually), Brad Steube(Sheriff, in their official capacities). (Scarberry, Jason) (Entered: 07/01/2010)

July 1, 2010

July 1, 2010

PACER
35

MOTION for to withdraw as attorney by Christopher Scott Drescher, Michael Lindsey Gambuzza, Barbara Schnurr, Deborah Sorensen. (Yanes, Katherine) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

PACER
36

NOTICE of Appearance by Sylvia H. Walbolt on behalf of Christopher Scott Drescher, Michael Lindsey Gambuzza, Barbara Schnurr, Deborah Sorensen (Walbolt, Sylvia) (Entered: 08/18/2010)

Aug. 18, 2010

Aug. 18, 2010

PACER
37

ORDER granting 35 Counsel's Motion to withdraw as attorney. On or before March 25, 2011, the parties shall comply with the requirements of this order. Signed by Judge Elizabeth A. Kovachevich on 3/11/2011. (SM) (Entered: 03/11/2011)

March 11, 2011

March 11, 2011

PACER
38

RESPONSE re 37 Order on motion to withdraw as attorney filed by Christopher Scott Drescher, Michael Lindsey Gambuzza, Barbara Schnurr, Deborah Sorensen. (Glickman, Joshua) (Entered: 03/25/2011)

March 25, 2011

March 25, 2011

PACER
39

ORDER that on or before April 1, 2011, Defendants shall show cause why they have not filed their memorandum of law as to whether this case is moot. On that same date, Defendants shall file their memorandum of law as directed in the March 11, 2011 order. Signed by Judge Elizabeth A. Kovachevich on 3/29/2011. (SM) (Entered: 03/29/2011)

March 29, 2011

March 29, 2011

PACER
40

RESPONSE TO ORDER TO SHOW CAUSE re 39 Order filed by Ackles Captain(individually), James Higginbotham, Lieutenant Parmenter(in his official capacity), Brad Steube(Sheriff, in their official capacities). (Scarberry, Jason) (Entered: 03/29/2011)

March 29, 2011

March 29, 2011

PACER
41

RESPONSE re 37 Order on motion to withdraw as attorney filed by Ackles Captain(in his official capacity), James Higginbotham, Lieutenant Parmenter(individually), Brad Steube(Sheriff, in their official capacities). (Scarberry, Jason) (Entered: 03/30/2011)

March 30, 2011

March 30, 2011

PACER
42

NOTICE by Anthony Ackles, James Higginbotham, Diane Parmenter, Brad Steube(Sheriff, in their official capacities) of Appearance/ Substitution of Counsel (Giuffreda, Richard) (Entered: 04/15/2011)

April 15, 2011

April 15, 2011

PACER
43

MOTION to substitute attorney by Anthony Ackles, James Higginbotham, Lieutenant Parmenter(individually), Brad Steube(individually). (Giuffreda, Richard) (Entered: 04/19/2011)

April 19, 2011

April 19, 2011

44

ENDORSED ORDER granting 43 Motion to substitute attorney. Signed by Judge Elizabeth A. Kovachevich on 4/21/2011. (SM) (Entered: 04/21/2011)

April 21, 2011

April 21, 2011

45

NOTICE of supplemental authority by Christopher Scott Drescher, Michael Lindsey Gambuzza, Barbara Schnurr, Deborah Sorensen (Attachments: # 1 Exhibit U.S. Dist. Ct. Decision Enjoining Postcard Only Jail Policy)(Berg, Randall) (Entered: 06/07/2011)

June 7, 2011

June 7, 2011

47

MOTION for Joshua A. Glickman to withdraw as attorney by Christopher Scott Drescher, Michael Lindsey Gambuzza, Barbara Schnurr, Deborah Sorensen. (Glickman, Joshua) (Entered: 07/03/2012)

July 3, 2012

July 3, 2012

48

ENDORSED ORDER granting 47 Attorney Glickman's Motion to withdraw as attorney. Signed by Judge Elizabeth A. Kovachevich on 7/4/2012. (SM) (Entered: 07/04/2012)

July 4, 2012

July 4, 2012

49

Unopposed MOTION for Shawn Heller to withdraw as attorney by All Plaintiffs. (Heller, Shawn) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

50

ENDORSED ORDER granting 49 Shawn Heller's unopposed Motion to withdraw as attorney. Signed by Judge Elizabeth A. Kovachevich on 9/14/2012. (SM) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

Case Details

State / Territory: Florida

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 29, 2009

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Two inmates at the Manatee County Jail in Palmetto, Florida.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Manatee County Jail (Manatee), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Mail

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Type of Facility:

Government-run