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Case Name H.C. v. Bradshaw JC-FL-0023
Docket / Court 9:18-cv-80810 ( S.D. Fla. )
State/Territory Florida
Case Type(s) Jail Conditions
Special Collection Solitary confinement
Attorney Organization Legal Services/Legal Aid
Case Summary
Plaintiffs, incarcerated children who were either being held in solitary confinement or had previously been held in solitary confinement in Palm Beach County Jail, filed this putative class action lawsuit complaint as named individuals against the County School District, School Board, and Sheriff's ... read more >
Plaintiffs, incarcerated children who were either being held in solitary confinement or had previously been held in solitary confinement in Palm Beach County Jail, filed this putative class action lawsuit complaint as named individuals against the County School District, School Board, and Sheriff's Office, as well as related officials in their individual capacities, in the United States District Court for the Southern District of Florida (West Palm Beach) on June 21, 2018. The claim was filed under the Individuals with Disabilities Education Act ("IDEA"), Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act ("ADA"), and 42 U.S.C. §1983. Plaintiffs alleged violations of the Eighth and Fourteenth Amendments of the United States Constitution, and sought declaratory and injunctive relief.

In their complaint, the plaintiffs challenged Palm Beach County's use of solitary confinement against minors, the conditions of the solitary confinement, and the lack of educational opportunities available to children in solitary confinement. The plaintiffs alleged that many of the children placed in solitary confinement had mental health issues or other disabilities, and did not have access to any educational programs and services while in solitary confinement, nor did they receive accommodations for their documented disabilities. The complaint also alleged poor treatment in general, including lack of access to clean drinking water, medical care, and recreational facilities. Many of the named plaintiffs, and others similarly situated, reported long-lasting repercussions from the conditions they experienced while in solitary confinement. In addition, the complaint alleged that very little procedural due process was given to the plaintiffs while they were incarcerated. Many were not given a reason for being placed in solitary confinement, and did not have the ability to challenge this placement.

This case was assigned to Judge William P. Dimitrouleas and referred to Magistrate Judge William Matthewman. On the same day as filing the complaint, the plaintiffs moved for certification as a class and preliminary injunction. The motion for class certification was denied without prejudice for being premature.

As of October 2, 2018, the case is ongoing. An evidentiary hearing on plaintiffs' motion for preliminary injunction is scheduled for 11/5/2018.

Elizabeth Heise - 10/02/2018


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Issues and Causes of Action
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Issues
Affected Gender
Male
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Defendant-type
Corrections
Jurisdiction-wide
Disability
disability, unspecified
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Administrative segregation
Assault/abuse by staff
Bathing and hygiene
Classification / placement
Conditions of confinement
Disciplinary procedures
Disciplinary segregation
Education
Excessive force
Food service / nutrition / hydration
Juveniles
Language/ethnic/minority needs
Phone
Recreation / Exercise
Search policies
Solitary confinement/Supermax (conditions or process)
Special education
Strip search policy
Totality of conditions
Visiting
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Chief Deputy of the Palm Beach County Sheriff's Office
Corrections Operations Major of the Palm Beach County Sheriff's Office
Corrections Security Major of the Palm Beach County Sheriff's Office
Palm Beach County School District
Palm Beach County Sheriff
Palm Beach County Sheriff's Office
School Board of Palm Beach County
Plaintiff Description Minors currently or previously in solitary confinement while incarcerated in Palm Beach County Jail
Indexed Lawyer Organizations Legal Services/Legal Aid
Class action status sought Yes
Class action status granted Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2018
Case Ongoing Yes
Additional Resources
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  Jail Strip-Search Cases: Patterns and Participants
http://law.duke.edu/journals/lcp
Date: Spring 2008
By: Margo Schlanger (Washington University in St. Louis Faculty)
Citation: 71 Law & Contemp. Problems 65 (2008)
[ Detail ] [ External Link ]

Docket(s)
9:18-cv-80810 (S.D. Fla.)
JC-FL-0023-9000.pdf | Detail
Date: 10/04/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint [ECF# 1]
JC-FL-0023-0001.pdf | Detail
Date: 06/21/2018
Source: PACER [Public Access to Court Electronic Records]
Order Denying Without Prejudice Plaintiff's Motion for Class Certification [ECF# 11] (S.D. Fla.)
JC-FL-0023-0002.pdf | Detail
Date: 06/22/2018
Source: PACER [Public Access to Court Electronic Records]
Amended Class Action Complaint [ECF# 38]
JC-FL-0023-0003.pdf | Detail
Date: 08/02/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Dimitrouleas, William P. (S.D. Fla.)
JC-FL-0023-0002 | JC-FL-0023-9000
Matthewman, William Court not on record [Magistrate]
JC-FL-0023-9000
Plaintiff's Lawyers Carmona, Lisa A. (Florida)
JC-FL-0023-9000 | JC-FL-0023-9000
Duncan, Melissa Marie (Florida)
JC-FL-0023-0001 | JC-FL-0023-0003 | JC-FL-0023-9000
Leopold, Theodore J. (Florida)
JC-FL-0023-0001 | JC-FL-0023-0003 | JC-FL-0023-9000
Martin, Diana Leigh (Florida)
JC-FL-0023-0001 | JC-FL-0023-0003 | JC-FL-0023-9000
Mutamba, Masimba (Florida)
JC-FL-0023-9000
Neelakanta, Sabarish (Florida)
JC-FL-0023-0001 | JC-FL-0023-0003 | JC-FL-0023-9000
Defendant's Lawyers Bell, Jon Erik (Florida)
JC-FL-0023-9000
Giuffreda, Richard A (Florida)
JC-FL-0023-9000
Jisa, Adriana Mihaela (Florida)
JC-FL-0023-9000
Pincus, Laura Esterman (Florida)
JC-FL-0023-9000

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