Petitioner Brian Jeremiah Shepard has filed a petition under 28 U.S.C. § 2254 for writ of habeas corpus seeking to vacate his state court conviction for burglary of a dwelling, petit theft, and resisting an officer without violence. Petitioner contends that he is being held in violation of the Constitution, laws, or treaties of the United States because (1) the state trial court erred in denying his motion for judgment of acquittal on his burglary of a dwelling charge and (2) the state trial court erred in overruling defense objections to improper burden shifting and improper comments made during the State’s closing argument. If interested, please email FLSD_ProBono@flsd.uscourts.gov
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The Plaintiff, a prisoner, sues the Defendants, Deputies Castro and Golden, for the use of excessive force and failure to prevent harm in violation of the Eighth Amendment. The Plaintiff alleges that on August 7, 2018, the Defendants entered his cell and attacked him with pepper spray, pulled him off his bunk, and punched, stomped, kicked, and slapped his head to the ground. The Plaintiff claims that the Defendants, at some point, covered the window of the room. The Defendants then allegedly put the Plaintiff in handcuffs and pulled him out of the room “bloody and bruised.” He claims that the Defendants’ pretext for the assault was that he flooded the room with water; but the Plaintiff maintains that this is a lie. Because of the attack, the Plaintiff suffered a number of injuries: cracked teeth, swollen and bloody eyes, a swollen face, a swollen lip, and back pain. The Court permitted the following claims to proceed against both Defendants: unlawful use of force, failure to prevent harm, punitive damages, and injunctive relief. The Court later denied the Defendants’ motion for summary judgment based on administrative exhaustion, and the case will proceed to trial. If interested, please email FLSD_ProBono@flsd.uscourts.gov.
Plaintiff brings various claims against Howard University and several of the University’s staff, related to an employment dispute. Plaintiff claims that she was initially offered employment for a tenure track associate professor position at Howard University, however, due to the Defendants’ alleged intentional acts was prevented from timely beginning her employment. Plaintiff also claims that due to the Defendants’ delay she was ultimately terminated without cause. Plaintiff has asserted claims for negligence, harassment, fraud, conspiracy to defraud, vicarious liability, and breach of contract related to the dispute. If interested, please email FLSD_ProBono@flsd.uscourts.gov.
Plaintiff, Dawud Canaan Sturrup Gabriel, brings this action pursuant to 42 U.S.C. 1983, alleging that Defendant Drew M. Haley, Deputy in the Highlands County Sherriff’s Office, violated his Fourth (4th) and Fourteenth (14th) Amendment rights when Defendant detained Plaintiff in Plaintiff’s home and transported him to the Peace River Center in Bartow, Florida, for an involuntary examination under the Florida Mental Health Act of 1971, commonly known as the “Baker Act.” Plaintiff alleges that that he was never a threat to himself or others, that he has always been able to provide and support his own basic needs, and that Defendant failed to conduct a proper investigation prior to detaining him. Plaintiff also asserts that on the day he was detained by Defendant, June 24, 2020, he had visited his primary medical physician, who allowed him to leave on his own and drive home from his scheduled visit. Plaintiff asserts three claims, one for each day he was detained at the Peace River Center, and requests $200,000.00 per claim in compensatory damages for emotional and mental distress, pain and suffering, medical bills, lost wages, reduced earning capacity, and damage to his reputation. Defendant has been served and his Answer is due March 9, 2021. If interested, please email FLSD_ProBono@flsd.uscourts.gov
Plaintiff brings this action pursuant to 42 U.S.C. 1983, alleging that Defendants Centurion of Florida, LLC and Dr. Franck Papillon, medical providers, violated his Eighth Amendment right to be free from cruel and unusual punishment when they failed to provide adequate medical treatment for Plaintiff’s Open Angle Glaucoma and pancreatitis while Plaintiff was incarcerated at Dade Correctional Institute. Plaintiff, Alfonso Jenkins, is visually impaired and alleges that Defendant Dr. Franck Papillon was aware of the treatment required for Plaintiff’s Open Angle Glaucoma but failed to provide him treatment resulting in the loss of his vision. Plaintiff also alleges that Defendant Centurion of Florida, LLC has a widespread custom and policy of denying medical treatment as a cost-saving mechanism. Service has been ordered on Defendants. If interested, please email FLSD_ProBono@flsd.uscourts.gov
The plaintiff in this case, Pleadro Scott, alleges that Defendants, Corporal Rolando Gomez and Lieutenant Constantina Weston, employees of the Miami-Dade Department of Corrections and Rehabilitation, violated the Eighth Amendment by failing to protect him from violence at the hands of other inmates while he was in custody at the Turner Guilford Knight Detention Center. Defendants motion for summary judgment has been denied and the case is ready for trial.
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Plaintiff, an inmate, asserts claims against the warden, a sergeant, and a John Doe correctional officer of the Okeechobee Correctional Institution for, inter alia, Assault & Battery, Intentional Infliction of Emotional Distress, Negligence, and violations of his Eighth Amendment rights, arising from an alleged excessive use of force and failure to provide medical care. If interested, please email FLSD_ProBono@flsd.uscourts.gov
Plaintiff Felix Castro brings claims under 42 U.S.C. § 1983 against four detention deputies of the Broward County Sheriff’s Office. Plaintiff seeks to recover for pain, suffering, physical injuries, and emotional distress caused by the deputies’ alleged use of excessive force while Plaintiff was in their custody. All four Defendants answered Plaintiff’s Complaint on November 13, 2020. This case is presently set for trial on May 24, 2021. If interested, please email FLSD_ProBono@flsd.uscourts.gov
The Plaintiffs allege an unconstitutional taking of their property by Palm Beach County. According to the Plaintiffs, they bought property and a house in Palm Beach County which had additions which had not been properly permitted. The property was erroneously given permits and approval in the 1980s, and, when Palm Beach discovered the error, it began citing the Plaintiffs for code violations. The errors were such that the only solution was total demolition. At present, the parcel is worthless with negative value. The Plaintiffs seek damages for a taking of their property.
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The plaintiff filed the lawsuit in this Court after a denial of his Social Security benefits. If interested, please email FLSD_ProBono@flsd.uscourts.gov