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Hoever v. Carraway, Correctional Officer, et al., FL, Motion with attached Amici Curiae Brief, 2020

Brief • December 2, 2020

Filed under: PLN Litigation, First Amendment, Appeals/Appellate Jurisdiction

Hoever v. Carraway, Correctional Officer, et al., FL, Motion with attached Amici Curiae Brief, 2020 USCA11 Case: 17-10792 Date (1 ofFiled: 40) 12/02/2020 Page: 1 of 12 No. 17-10792 In the United States Court of Appeals for the Eleventh Circuit CONRAAD L. HOEVER, Plaintiff-Appellant-Cross Appellant, v. C. CARRAWAY, Correctional Officer, …

Shielding Police Identities: A Law That Cuts Both Ways

Article • November 15, 2020 • from CLN December, 2020

Filed under: Victims, Crime Victims Rights Act

Shielding Police Identities: A Law That Cuts Both Ways by Michael Fortino, Ph.D   by Michael Fortino, Ph.D. Marsy’s Law, also known as the “crime victim bill of rights” designed to protect victims from their attackers when the latter are no longer incarcerated, is used by Florida police as a …

News in Brief

Article • October 15, 2020 • from CLN November, 2020

Filed under: News in Brief

News in Brief by Alaska: Police here can fly over property but they “cannot use cameras and drones for aerial searches of property without a warrant,” the Alaska Court of Appeals ruled. “The ruling stems from a 2012 case in which Alaska State Troopers received a tip about marijuana being …

Did Two Judges Violate Ethics in Florida Voting Rights Restoration Case?

Article • October 15, 2020 • from CLN November, 2020

Filed under: Ethical Restraints, Judicial Disqualification/Misconduct, Ability to Pay, Felon Disenfranchisement Statute

Did Two Judges Violate Ethics in Florida Voting Rights Restoration Case? by Casey Bastian by Casey Bastian In 2018, Florida electors passed an amendment to the state constitution allowing the restoration of voting rights to residents convicted of felonies. The amendment, which does not apply to those convicted of murder …

Why you should want Sheriff Gualtieri out of office

Article • September 21, 2020

Filed under: Editorials

Why you should want Sheriff Gualtieri out of office by Panagioti Tsolkas (whether you live in Pinellas County, Florida or not) by Panagioti Tsolkas   The head cop in Pinellas County, Florida was declared Sheriff of the Year at the National Sheriffs’ Association (NSA) conference last year in Kentucky. In November, Sheriff …

Justice Sotomayor Raises Due Process Concerns Over Eleventh Circuit’s Use of Published Successive Habeas Denial Orders

Article • September 15, 2020 • from CLN October, 2020

Filed under: Habeas Corpus, Denial of Due Process

Justice Sotomayor Raises Due Process Concerns Over Eleventh Circuit’s Use of Published Successive Habeas Denial Orders by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit publishes more orders denying “second or successive” habeas corpus petitions (“SOS applications”) than any other Circuit, and it then …

News in Brief

Article • September 15, 2020 • from CLN October, 2020

Filed under: News in Brief

News in Brief by California: Marissa Cruz and Paea Tukuafu filed a civil rights lawsuit against the city of San Jose police in August 2020, claiming they were “battered and bruised” by cops and subject to unreasonable search and entry. The two were celebrating ahead of Cruz’s 22nd birthday at …

News in Brief

Article • August 15, 2020 • from CLN September, 2020

Filed under: News in Brief

News in Brief by Arizona: Mariah Valenzuela has filed legal notices against the city of Phoenix and Maricopa County over Phoenix police officer Michael McGillis’ use of force during a January 16, 2020 traffic stop, abc15.com reports. The officer, driving a white van, stopped Valenzuela for allegedly veering across the …

Extending the Surveillance State During the Pandemic

Article • August 15, 2020 • from CLN September, 2020

Filed under: Racial Discrimination, COVID-19, Police State-Surveillance, Warrantless Searches

Extending the Surveillance State During the Pandemic by Anthony Accurso by Anthony W. Accurso Police departments are using the coronavirus pandemic to expand their use of surveillance tools in the name of public health and safety. Privacy advocates are concerned about the encroachment of the carceral state on civil liberties, …

Florida Exonerates One Prisoner for Every Three Executed

Article • August 5, 2020

Filed under: Death Penalty/Death Row, Death Penalty, Death Row

Florida Exonerates One Prisoner for Every Three Executed by Kevin Bliss by Kevin Bliss Studies show that Florida has one of the highest execution rates in the United States. It also has the highest number of exonerations of death-row prisoners than any other state. With one conviction overturned on death …

Paulcin v. Wexford Health Sources, FL, Affidavit of Dr. Thomas Fowlkes, Medical Neglect, 2020

Brief • July 29, 2020

Filed under: Failure to Treat

Paulcin v. Wexford Health Sources, FL, Affidavit of Dr. Thomas Fowlkes, Medical Neglect, 2020 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION CASE NO. : 2:17-cv-232-JLB-MRM PROPHET PAULCIN, Plaintiff, V. WEXFORD HEALTH SOURCES, INC., JOHN D. WILLIS, KARA R. WILLIAMS, JAMES LICATA, JONATHAN T. REID, J. BRUSSELL, …

Phillips v. Centurion of Florida LLC, FL, Expert Report-Thomas D. Fowlkes, FL, Medical Neglect, 2020

Brief • July 28, 2020

Filed under: Failure to Treat

Phillips v. Centurion of Florida LLC, FL, Expert Report-Thomas D. Fowlkes, FL, Medical Neglect, 2020 Case 4:18-cv-00139-AW-MJF Document 360-1 Filed 07/28/20 Page 1 of 20 Exhibit “A” Case 4:18-cv-00139-AW-MJF Document 360-1 Filed 07/28/20 Page 2 of 20 Pursuant to Fed. R. Civ. P. 26(a)2(B), Thomas D. Fowlkes, M.D. submits the …

Phillips v. Jones, FL, Exhibit a Expert Report, Denial of Medical Care, 2020

Brief • July 28, 2020

Filed under: Failure to Treat

Phillips v. Jones, FL, Exhibit a Expert Report, Denial of Medical Care, 2020 Case 4:18-cv-00139-AW-MJF Document 360-1 Filed 07/28/20 Page 1 of 20 Exhibit “A” Case 4:18-cv-00139-AW-MJF Document 360-1 Filed 07/28/20 Page 2 of 20 Pursuant to Fed. R. Civ. P. 26(a)2(B), Thomas D. Fowlkes, M.D. submits the following Expert …

Eleventh Circuit Vacates Firearm Conviction Based on Rehaif

Article • July 15, 2020 • from CLN August, 2020

Filed under: Immigration Law/Offenses, Possession or Use of Firearms

Eleventh Circuit Vacates Firearm Conviction Based on Rehaif by Douglas Ankney by Douglas Ankney Based on Rehaif v. United States, 139 S. Ct. 2191 (2019) (“Rehaif II”), the U.S. Court of Appeals for the Eleventh Circuit vacated Oniel Christopher Russell’s conviction of possessing a firearm and ammunition as an immigrant …

News in Brief

Article • July 15, 2020 • from CLN August, 2020

Filed under: News in Brief

News in Brief by California: A series of racist and anti-Muslim posts on social media allegedly has ties to a private group of active and retired San Jose Police officers calling themselves 10-7ODSJ, a reference to the police code for “off duty,” mercurynews.com reports. In June 2020, four of them …

Florida Supreme Court Abandons Circumstantial Evidence Review Standard

Article • June 15, 2020 • from CLN July, 2020

Filed under: Evidence - Circumstantial

Florida Supreme Court Abandons Circumstantial Evidence Review Standard by David Reutter by David M. Reutter In affirming the conviction and death sentence of Sean Alonzo Bush, the Supreme Court of Florida announced it is abandoning the different standard for reviewing wholly circumstantial evidence cases. Bush was convicted of the brutal …

News in Brief

Article • June 15, 2020 • from CLN July, 2020

Filed under: News in Brief

News in Brief by California: The death of David Glen Ward of Petaluma was declared a homicide by the Marin County coroner in May 2020, followed by a lawsuit from David’s mother, Ernestine Ward, alleging wrongful death, excessive force and negligent supervision by Sonoma County sheriff’s deputies. Leading up to …

Eleventh Circuit Holds Hobbs Act Robbery Doesn’t Trigger Career Offender Enhancement

Article • June 15, 2020 • from CLN July, 2020

Filed under: Offense Statutory Maximum, Hobbs Act

Eleventh Circuit Holds Hobbs Act Robbery Doesn’t Trigger Career Offender Enhancement by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit held on March 24, 2020, that substantive Hobbs Act robbery is “too broad” and doesn’t qualify to require a sentencing enhancement under the career …

Huff v. Corizon,LLC, FL, Plaintiff's Unopposed Motion for Entry of HIPAA Qualified Protective Order, Excessive Foce, 2020

Brief • June 4, 2020

Filed under: Excessive Force

Huff v. Corizon,LLC, FL, Plaintiff's Unopposed Motion for Entry of HIPAA Qualified Protective Order, Excessive Foce, 2020 Case 3:18-cv-01338-TKW-EMT Document 31 Filed 06/04/20 Page 1 of 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION RYAN HUFF, Civil Division Plaintiff, v. Case No. 3:18-cv-1338-TKW-EMT CORIZON, LLC, Defendants. PLAINTIFF’S …

A Case for Reform - Florida's Cap on Rehabilitation Credits

Publication • 2020

Filed under: Rehabilitation/Recidivism

A Case for Reform - Florida's Cap on Rehabilitation Credits A CASE FOR REFORM FLORIDA’S CAP ON REHABILITATION CREDITS WHAT'S INSIDE Summary.................................................................................... 3 Overview.................................................................................... 4 Conclusion................................................................................. 9 Endnotes.................................................................................... 9 Acknowledgments.................................................................... 10 SPLC@ Southern Poverty Law Center Electronic copy available at: https://ssrn.com/abstract=3820798 ABOUT THE SOUTHERN POVERTY LAW CENTER The Southern Poverty …