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Davis v. Dieudonne, et al. (17-CV-23517-UU) Posted 02/20/2020

The Plaintiff, Mr. Davis, is seeking a volunteer lawyer to represent him during his upcoming civil rights trial. While incarcerated, Plaintiff filed a pro se 42 U.S.C. § 1983 action against six state correctional officers who allegedly used excessive force against Plaintiff while Plaintiff was an inmate in the South Florida Reception Center.

Plaintiff alleges that he was ordered to the front of the line during a line-up, at which time he was handcuffed. Plaintiff was then escorted outside the housing unit by several correctional officers. Plaintiff claims that once outside, with his hands still cuffed, Officer Dieudonne began to needlessly beat Plaintiff. Plaintiff states that Officer Rios then struck Plaintiff on the head from behind, causing Plaintiff to fall and strike his head on the concrete sidewalk and become unconscious. Once he regained consciousness, Plaintiff alleges that Officers Dieudonne, Rios, Trocine, Brifil, Green, and Pierre struck him with their fists and kicked and stomped on him with their work boots.

Officers Dieudonne and Rios contend that the amount of force used was reasonable under the circumstances. The remaining four officers claim they were not present during the alleged beating. Plaintiff’s undisputed injuries stemming from this incident include bruising and swelling under his right eye, bloody nostrils, abrasions and swelling to his left ear, bruising under his left eye, hematoma above his left eye, and abrasions on his foot and elbow. Plaintiff seeks money damages.

The following claims have survived summary judgment and the case is ready for trial (not yet scheduled):

  1. 42 U.S.C. § 1983 excessive use of force against Officers Dieudonne, Rios, Trocine, Brifil, Pierre, and Green;
  2. 42 U.S.C. § 1983 failure to intervene against Officer Trocine;
  3. State law aggravated assault and aggravated battery against Officers Dieudonne, Rios, Trocine, Brifil, Pierre, and Green; and
  4. 42 U.S.C. § 1983 supervisor liability against Officer Tricone.

The volunteer representation would entail representing Mr. Davis at a possible supplemental deposition, court-ordered mediation, at trial, and the duties in preparation for trial. Please contact Kathryn Harlan, courtroom deputy to U.S. District Court Judge Ursula Ungaro, by phone at 305-523-5555 or via email (Kathryn_Harlan@flsd.uscourts.gov) if you are interested in representing Mr. Davis.

Fernandez v. Crystal Cruises, LLC (19-CV-22886-LFL) Posted 02/20/2020

Plaintiff Evelyn Fernandez files her Complaint against her former employer Crystal Cruises, LLC for violations of Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act of 1992 for Defendants discriminatory treatment based on Plaintiffs national origin and age. Plaintiff also brings a claim for unpaid wages and damages under the Equal Pay Act of 1963. Defendant has filed its Answer and Affirmative Defenses. If interested, please email FLSD_ProBono@flsd.uscourts.gov

Coakley v. City of Hollywood (19-CV-62328-DPG) Posted 02/11/2020

Plaintiff brings this action pursuant to 42 U.S.C. 1983, alleging that Defendant City of Hollywood violated his right to be free from excessive force under the Fourth Amendment. Plaintiff LeCharles Coakley alleges that while being arrested for trespass and loitering, he was attached by a K-9 officer, beaten with police batons, and dragged by his ankle with a rope until his ankle was dislocated. In his Complaint, Plaintiff submits documentation indicating that the underlying charges stemming from his arrest were dropped due to the states failure to establish reasonable suspicion. Defendant City of Hollywood has filed an Answer, and the case has not yet been set for trial. If interested, please email FLSD_ProBono@flsd.uscourts.gov.

Ford v. Love, et al (18-CV-60732-JIC) Posted 02/06/2020

The Plaintiff, Daniel Lilrod Ford, is currently incarcerated in Georgia. He has filed § 1983 claims for excessive force and failure to intervene against four officers with the Broward Sherriff's Department, alleging that they beat him in his cell while he was housed as a pretrial detainee in Broward's main jail. On January 24, 2020, the Court denied Defendants’ Motion to Dismiss/Motion for Summary Judgment, finding that Defendants were not entitled to qualified immunity. The case is set for trial on August 10, 2020. If interested, please email FLSD_ProBono@flsd.uscourts.gov.

Docket SheetPDF
Bochner v. Martin County, et al. (17-CV-14422-RLR) Posted 02/04/2020

This is a civil rights action brought under 42 U.S.C. 1983 and the 14th Amendment for use of excessive force and failure to intervene in the use of excessive force.  Plaintiff Neal H. Bochners claims against sheriffs deputies and police officers arise from uses of force during his arrest following a police chase.  The Court has denied the Defendants motions for summary judgment and has not yet set the case for trial.  Plaintiff would benefit from the assistance of counsel. If interested, please email FLSD_ProBono@flsd.uscourts.gov

Sears v. Severson et al (16-CV-14500-DMM) Posted 01/30/2020

In this litigation, brought under 42 U.S.C. § 1983, Plaintiff Terry Sears raises an excessive force claim. Plaintiff, a prisoner, alleges that Defendants, who are employees of the prison, arbitrarily used excessive force against Plaintiff. This case is scheduled for the two-week trial period beginning on March 2, 2020. Plaintiff would benefit from the assistance of counsel. For a more in-depth statement of the facts surrounding this case see DE 121. If interested, please email middlebrooks@flsd.uscourts.gov.

Docket SheetPDF
Torrez v. Posten et al (18-CV-22176-CMA) Posted 01/29/2020

On June 1, 2018, Plaintiff, Jose D. Ortiz Torres, filed his Complaint against Defendant, Officer Joanne Posten, a classification officer at Martin County Correctional Institution. Plaintiff sues Defendant, in her individual capacity, for violating his constitutional right to be kept safe from harm. Plaintiff was allegedly attacked by a group of inmates while he was a pre-trial detainee at the correctional institution. Plaintiff claims he voiced his fears to Defendant prior to the attack in an effort to prevent the incident. Plaintiff alleges Defendant ignored his warning he was being threatened by other inmates and thus violated his constitutional rights.

On January 28, 2020, the Court adopted the Magistrate Judges Report and denied Defendants Motion for Summary Judgment. The case is set for trial during the two-week trial calendar beginning March 30, 2020. Calendar call will be held at 9:00 a.m. on Tuesday, March 24, 2020. By February 18, 2020, the parties are ordered to submit a joint pre-trial stipulation, proposed jury instructions, and proposed verdict form. A pretrial conference will be held February 28, 2020.
If interested, please email FLSD_ProBono@flsd.uscourts.gov

Kesneck v. Metro West Detention Center (19-CV-22659-BB) Posted 01/27/2020

Plaintiff, who is currently incarcerated, asserts claims against the Miami-Dade Department of Corrections and Rehabilitation, Corrections Health Systems, and fifteen (15) John/Jane Doe defendants for violations of his Eighth and Fourteenth Amendment rights arising from a slip and fall accident he experienced while incarcerated at Metro West Detention Center. If interested, please email bloom@flsd.uscourts.gov.

Weatherly v. ABC Legal, Inc. (19-CV-23678-DPG) Posted 01/22/2020

On September 4, 2019, Plaintiff brought this 1983 action against Defendant ABC Legal Inc., alleging employment discrimination, retaliation, and hostile work environment. Plaintiff alleges that while she was employed, she faced hateful comments and endured harassment from the companys manager and other employees, including having dog feces spread on top of her car and having her tires slashed. Plaintiff was later terminated without notice. Plaintiff seeks compensatory damages.

Defendant has been served, attorney appearances have been entered for Defendant, and Defendants response to Plaintiffs Complaint is due January 31, 2020. If interested, please email FLSD_ProBono@flsd.uscourts.gov

York v. Commissioner of Social Security (20-CV-14008-RLR) Posted 1/21/2020

The Plaintiff is appealing the denial of her application for Social Security disability benefits. If interested, please email FLSD_ProBono@flsd.uscourts.gov.

Docket SheetPDF

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