Plaintiff, Disability Rights Florida ("DRF"), brought this suit against the Florida Department of Corrections ("FDOC") in the U.S. District Court for the Northern District of Florida on January 26, 2016. Plaintiff, the federally designated protection and advocacy agency for the State of Florida, alleged that defendant failed to provide inmates with disabilities with access to its programs and services in violation of federal law. Specifically, plaintiff alleged that defendant failed to provide interpreters, hearing aids, telecommunications access, and effective emergency alerts to inmates who were deaf or hard of hearing; failed to maintain wheelchair-accessible facilities or provide and maintain wheelchairs and prosthetic devices for those with mobility impairments; excluded inmates with disabilities from education, employment, and recreational programs; charged inmates for accommodations relating to their disabilities; retaliated against those who asserted their rights as persons with disabilities; and failed to train their staff on issues relating to disability rights and federal disability law. Plaintiff sought declaratory and injunctive relief under the Americans with Disabilities Act ("ADA"), Section 504 of the Rehabilitation Act, the Eighth Amendment, and the Due Process Clause of the Fourteenth Amendment.

On April 25, 2016, the state filed a motion for partial dismissal. Florida argued that several of the inmates named in the Complaint were no longer in FDOC custody or had already settled their claims with FDC. Defendant also argued that several of the allegations were barred by the four-year statute of limitations.

The parties engaged in conferences over the next several months.

On January 9, 2017, the United States moved to intervene in the case, claiming a substantial interest because of the ADA and Section 504 issues at stake. On January 30, plaintiff moved for summary judgment.

On February 6, 2017, the parties jointly moved for a stay of proceedings so that they could actively pursue settlement. On July 7, 2017, the parties notified the court that they had reached a settlement. The Settlement requires the FDOC to implement changes that will make Florida prison services, programming, and other aspects of daily activities accessible to inmates with physical disabilties. The Settlement is scheduled to be implemented over four years. It also required the FDOC to pay plaintiff $2,000,000 in attorneys' fees and costs.

On July 11, Judge Robert L. Hinkle issued an order requiring the parties to comply with the Settlement Agreement, dismissing the claims, and retaining jurisdiction solely for the purpose of enforcing the Agreement. On July 13, the parties filed a motion asking the court to alter the July 11 order to reflect their wish that the Agreement be enforceable only through a breach of contract action in state court, not through an order of the U.S. District Court. Accordingly, on August 7, Judge Hinkle issued a new order recognizing as effective the parties' joint stipulation to dismiss the case with prejudice and end the court's jurisdiction.

However, in the fall of 2017, a number of inmates of FDOC, acting pro se, submitted filings to the court stating that they had been denied access to the settlement agreement or had been retaliated against for submitting grievances to the prison administration for issues relating to their disabilities. One inmate filed a motion for a preliminary injunction. On December 6, 2017, Judge Hinkle denied the motion, reasserting that the case was closed and suggesting that the individual file a separate lawsuit if he intended to pursue legal action.

The same individual, again acting pro se, filed an appeal on December 5, 2017, with the U.S. Court of Appeals for the Eleventh Circuit, challenging the court's order closing the case. On December 19, he also appealed the order denying his motion for a preliminary injunction.

As of January 8. 2018, the appeals appear to be pending before the U.S. Court of Appeals. However, it appears the parties to the case continue to treat it as closed.

Lauren Latterell Powell - 01/08/2018


compress summary