Nuestras victorias

Foto de grupo de tres de los primeros miembros del equipo del Instituto de Justicia de Florida

Our relentless pursuit on behalf of all Floridians has resulted in several historic and significant wins.

These legal triumphs and impactful policy initiatives have brought tangible improvements to the lives of our constituents. From landmark court rulings to groundbreaking legislation, each success underscores our unwavering commitment to advancing civil rights, challenging injustices, and creating lasting change throughout Florida.

Industry Leadership

Volunteer Lawyers Project

Housed, administered, and supervised the Volunteer Lawyers Project for the U.S. District Court for the Southern District of Florida, which helped find pro bono lawyers for pro se litigants in federal court. Thanks to the VLP’s efforts, numerous pro se litigants who could not afford a lawyer were able to get a fair day in court with the help of pro bono representation.

1993 to Present

Established Public Interest Law Bank

Established a pro bono program for the Dade County Bar Association and Legal Services of Greater Miami, dubbed the Public Interest Law Bank. Quickly gained nationwide recognition and received the Harrison Tweed Award from the ABA as the country’s best pro bono program.

1979

Published Older Floridians Handbook

Published various self-help publications such as the Older Floridians Handbook: Laws and Programs Affecting Older Floridians. First published in 1979, this immensely popular Handbook has been updated and republished 5 times.

1979

Human Rights in the Justice System

Tillman v. Miller

In 1983 and 1988, cases were filed by inmates against the Brevard County Jail, alleging that overcrowding had led to dangerous and unsanitary conditions. The case was first litigated by attorney James K. Green, and culminated with the entry of a consent decree in 1993 requiring certain improvements to the Jail and requiring the Jail to keep the number of inmates below a certain threshold.  Since then, FJI has periodically conducted monitoring to ensure that Brevard County continues to comply with the consent decree.

1983 - Present

Murphy v. Florida Department of Corrections

FJI filed a lawsuit for the family of a man who died by suicide in prison, seeking to reform the mental health care provided to incarcerated people. 

Sigue leyendo2023

Objections to New Mail Restrictions for Inmates

FJI wrote an official letter objecting to a proposed FDOC rule that would impose burdens on confidential legal mail.

Sigue leyendo2023

Vidal v. Florida Department of Corrections, et al, in the Circuit Court for Miami-Dade County (Case No. 2018-029923 CA 01)

FJI won a significant settlement for the family of an incarcerated man who was murdered at Dade CI, a notoriously violent prison.

Sigue leyendo2022

Florida Justice Institute Opposes Rule Restricting Inmate Telephone Usage

FJI successfully objected to a proposed rule that would have made it more difficult for incarcerated people to get assistance from attorneys.

Sigue leyendo2022

Settlement Reached: Demler v. Inch, Case No. 4:19-CV-0094

FJI secured a final settlement approval in a class action lawsuit against the Florida Department of Corrections (FDC) challenging the confiscation of millions of dollars of digital music from incarcerated people in Florida. 

Sigue leyendo2020

Precautions for COVID-19

FJI joined Florida’s leading civil rights organizations to urge state and local officials to take appropriate steps to protect homeless people and people incarcerated in Florida's prisons and jails from COVID-19.

Read about our efforts

Sigue leyendo2020

Carl Hoffer, et al. v. Inch Case No. 4:17cv214-MW/CAS

FJI secured a final order in our ongoing hepatitis C litigation, requiring the FDC to test, monitor, and treat every incarcerated person with the disease. 

 

Sigue leyendo2019

G.H. v. Marstiller No. Case 4:19-cv-00431-MW-MJF

Partnering with Southern Poverty Law Center and Florida Legal Services, FJI filed a class action lawsuit challenging the Florida Department of Juvenile Justice’s use of solitary confinement on incarcerated children, and secured an order recognizing that the Constitution requires those children to be treated differently than adults. 

Sigue leyendo2019

Thompson v. Belhomme

While locked behind a steel door in his cell, Mr. Thompson put his arm outside of the door’s food flap to ask an officer about an upcoming medical appointment he had.  The officer ran over to the door and kicked the food flap shut, crushing Mr. Thompson’s hand, requiring surgery and months of physical therapy.  The officer was suspended for 30 days.  Mr. Thompson filed a pro se lawsuit and ably represented himself for years as the case was transferred from one venue to another.  When the case was finally set for trial, FJI was contacted through the Volunteer Lawyers Project, and ultimately negotiated a settlement on his behalf.  

2013

Rommell Johnson

FJI, co-counseling with Florida Institutional Legal Services, sued the Florida Department of Corrections for the death of Rommell Johnson.  Mr. Johnson was severely asthmatic and one day suffered an asthma attack that required a nebulizer treatment in his cell.  Later that evening, he was sprayed with chemical agents (pepper spray) for allegedly making noise in his cell, and died of asphyxiation as a result.  Claims were brought for negligence, deliberate indifference to serious medical need, and for violation of the Americans with Disabilities Act, for failing to provide Mr. Johnson with an alternate use of force as a reasonable accommodation. The case was settled for $175,000. Hopefully, the FDOC will evaluate its use of force policies to exempt people with respiratory illnesses from the use of chemical agents.  

2012

Butler v. McDonough, No. 3:04-cv-00917

This case was a major win for prisoners' rights in Florida. FJI, along with Holland & Knight and Florida Institutional Legal Services, represented eight inmates with severe mental illnesses who were regularly sprayed with pepper spray. After five years of litigation and a trial in Jacksonville, the District Court ruled it unconstitutional to use chemical agents on mentally ill inmates who cannot comply with prison rules due to their condition. The court ordered mental health intervention before using such agents, a decision upheld by the Eleventh Circuit. The Florida Department of Corrections later agreed to pay $1.6 million in attorneys' fees. This case sets a precedent aimed at reducing the use of chemical agents on mentally ill inmates.

2011

Carr v. United States, No: 5:06-cv-00190

In a case co-counseled with Carlton Fields, P.A. Mr. Carr filed a Federal Tort Claims Act case against the Bureau of Prisons for failing to meet the standard of care in treating his chest pains and eventual congestive heart failure. Mr. Carr was seen multiple times in the days leading up to his eventual hospitalizations, however the Bureau of Prisons failed to timely refer him to a cardiologist or appreciate the severity of his symptoms. The case settled for $400,000.

2009

Haney v. Miami-Dade County, No. 1:04-CV-20516, 2004 WL 2203481 (S.D. Fla.)

In the wake of mass arrests that occurred after FTAA protests in Miami, lawyers for FJI received information the Miami-Dade County jail was strip-searching the female arrestees, but not the male arrestees, who had been arrested for minor offenses and with no individualized suspicion. FJI brought suit on behalf of a class of women to stop this practice. The case eventually settled for $6.25 million to be split among the class of plaintiffs. As a result of the lawsuit, Miami-Dade County changed its policy to allow strip searches prior to a first appearance before a judge only if the charged offense involved violence, weapons, or drugs, or if there was some other individualized suspicion relating to contraband.

2004

Osterback v. Moore, Case No. 97-2806-civ-Huck (S.D. Fla.)

Statewide class action sought to reform the FDOC’s solitary confinement system, which warehoused thousands of people, often for years on end, with little or no mental health treatment and no viable method of being returned to the general population. The settlement reached resulted in a drastic reduction in the number of people held in solitary, greater mental health treatment, and a required step-down method for eventual return to the general population.

1997

Stapleton v. Singletary, No. 88-14178-civ-JCP, S.D. Fla., affirmed, 52 F.3d 1071 (11th Cir.)

A class action constitutional challenge to Florida’s system of protective custody, which held inmates who feared for their lives in isolation for extended periods of time. The resulting settlement completely changed the Florida Department of Corrections’ protective custody procedures and the conditions for those being held there.

1995

Ancata v. Prison Health Services, 769 F.2d 700 (11th Cir.)

Landmark appellate decision established for the first time that private correctional actors operate under color of state law and are liable for constitutional violations, and contracting government officials have a non-delegable duty to provide medical care for inmates despite the contract for services. This case also helped define what constitutes deliberate indifference to serious medical needs under the 8th Amendment.

1985

Arias v. Wainwright, Case No. TCA 79-0792 (N.D. Fla.)

The largest and only statewide jail conditions class action ever successfully brought in the country. Challenged the FDOCs’ failure to promulgate jail regulations, inspect county jails, and enforce jail standards in Florida’s 211 jails, which resulted in horrid living conditions for the thousands of people housed in those facilities. A settlement in 1981 brought tremendous relief, and over the course of the 15 year consent decree, crowded and unsanitary jails were either closed or significantly improved largely due to enforcement lawsuits brought against non-complying counties by the FDOC.

1981

Empowerment for Vulnerable Populations

HOPE v. Express Florida Realty

FJI, on behalf of Housing Opportunities Project for Excellence (HOPE), filed a lawsuit against a real estate agent and two realty companies after the agent repeatedly told HOPE testers that children were not allowed to live in an apartment building, which is a violation of the Fair Housing Act.  This was after the realtor had already forced a woman to move out after she became pregnant. The case is ongoing.

Continuous

Lebron v. Florida Department of Children and Families No. 14-10322 (11th Cir. 2014)

FJI and the ACLU of Florida, on behalf of Luis Lebron, filed a lawsuit challenging DCF’s decision to require drug testing of all applicants for Temporary Assistance to Needy Families (TANF) benefits. We alleged that this requirement, which was to be conducted without any suspicion whatsoever, violated the Fourth Amendment as an unreasonable search.  District Judge Mary Scriven of the Middle District of Florida agreed, and issued a preliminary injunction stopping the drug testing program.  That order was upheld on appeal by the Eleventh Circuit.  The case is ongoing.

Continuous

Lutrario v. City of Hollywood, Fla.

FJI sued the City of Hollywood over an unconstitutional panhandling ordinance, which has now been repealed, avoiding hundreds of needless arrests. 

Sigue leyendo2023

Combatting Criminalization of Poverty

FJI went to trial against two cities for criminalizing poverty, seeking to avoid needless arrests of homeless people.

Sigue leyendo2022

Richter v. Palm Beach County

FJI filed and settled a lawsuit against Palm Beach County over an ordinance that criminalized requests for money.

Sigue leyendo2022

William, Frashaw, Hyland v. City of West Palm Beach, Fla.

FJI successfully challenged a West Palm Beach ordinance criminalizing panhandling.

Sigue leyendo2022

Bernard McDonald v. City of Pompano Beach, Florida

FJI filed a lawsuit challenging a prohibition on panhandling and forced the repeal of the unconstitutional ordinance used to arrest hundreds of homeless people.

Sigue leyendo2020

HOPE v. Pompano Courts No. 12- cv-62249-RSR

FJI, on behalf of Housing Opportunities Project for Excellence (HOPE), filed a lawsuit against a real estate company and condominium association for violations of the Fair Housing Act.  HOPE testers discovered that the association had a policy prohibiting children under a certain age from living in the condo, and the real estate company published an ad repeating that.  The case settled for monetary damages, the condo agreed to repeal the policy, and the real estate company agreed to have its agents trained in complying with the FHA.

2013

HOPE v. The Keyes Company

FJI, on behalf of Housing Opportunities Project for Excellence (HOPE), filed a lawsuit against a real estate company and condominium association for violations of the Fair Housing Act. (HOPE v. Islander No. 0:2011-cv-62631, HOPE v. Embassy No. 0:11-cv-62634). HOPE testers discovered that the association had a policy prohibiting children under a certain age from living in the condo, and the real estate company published an ad repeating that.  The case settled for monetary damages, the condo agreed to repeal the policy, and the real estate company agreed to institute a screening process to ensure that ads were not published with discriminatory statements against families with children.

2012

HOPE v. Vacation Rentals

FJI, on behalf of Housing Opportunities Project for Excellence (HOPE), filed a lawsuit against an operator of an internet website for vacation rental homes, that allowed people seeking to rent their homes to indicate a preference against children and against people with disabilities, both with a red “X.”  This was in violation of the Fair Housing Act. The case settled for monetary damages, and the operator agreed to disable that functionality from the website. 

 

2012

Hicks et.al v. Connolly and Villegas

A federal lawsuit was filed on behalf of three black homebuyers who had their contracted newly-built homes then sold to other people. The case eventually settled.  

2005

Chinye v. Milton, Case No. 93-1003-civ-Ferguson (S.D. Fla.)

A class action against an apartment complex with over 650 units, whose employees were systematically refusing to rent apartments to African-Americans. The case settled for $1.25 million and a three year consent decree.

1995

Burstyn v. City of Miami Beach, 663 F.Supp. 528 (S.D. Fla.)

A challenge to Miami Beach’s efforts to eliminate adult congregate living facilities from Miami Beach with a restrictive zoning ordinance. The ordinance was struck as unconstitutional in violation of Equal Protection Clause for intentional discrimination against elderly poor residents of Miami Beach.

1987

Dignity for Individuals with a Disability

Kern v. MM North Beach Hotel, Inc.

FJI, along with Disability Rights Florida, brought a civil rights lawsuit on behalf of Jennifer Kern, against Days Inn North Beach.  Early in 2013, Jennifer, a quadriplegic, made a reservation at the Days Inn and even called ahead to be sure the hotel could provide her with a handicapped accessible hotel room.  But when she arrived, she discovered she could not maneuver her wheelchair into the bathroom.  The hotel could not provide a more accessible room, and as a result, Jennifer was required to set up a makeshift toilet in the middle of the bedroom.  The lawsuit is for damages and injunctive relief to compel the hotel to bring its rooms up to code.

Continuous

Accommodations for Lucy

FJI helped incarcerated people with disabilities secure needed accommodations in prison.

Sigue leyendo2023

Elmer Williams Compassionate Release

 FJI successfully obtained conditional medical release for an incarcerated man with cancer.

Sigue leyendo2023

Settlement Reached: Disability Rights Florida v. FDOC No.: 2019-CA-2825

FJI reached a settlement requiring the Florida Department of Corrections to improve its treatment of incarcerated people with disabilities, and have helped thousands of people through that process.

Sigue leyendo2022

Disability Rights Florida v. Florida Department of Corrections

With our partners at Disability Rights Florida and Morgan & Morgan, FJI filed a lawsuit against the FDC for breaching the settlement agreement requiring the agency to make prisons accessible for people with physical disabilities. 

Sigue leyendo2019 - 2020

DeLeon v. Hialeah Housing Authority

Eight plaintiffs sought Section 8 housing vouchers from the HHA but faced significant barriers. The HHA refused accommodations for disabilities, requested inappropriate documents, and complicated the application process. FJI, alongside Legal Services of Greater Miami, sued for violations of the Fair Housing Act, Due Process Clause, ADA, and more. They settled for $254,000, vouchers, and reforms to improve accessibility. FJI and LSGMI received recognition, including the first runner-up Steven Goldstein Award from the Florida Bar Foundation and the Most Effective Lawyer Award in Public Interest from the Daily Business Review.

2011

Garcia v. Florida Department of Corrections

Felix Garcia, profoundly deaf and currently incarcerated, fought for years to hear television programs like other inmates by using a hearing aid hookup and a TV transmitter. Initially representing himself, he faced FDOC's resistance under the ADA, which intermittently denied and then relocated him to facilities without the necessary equipment. After lengthy litigation, FJI took over and secured a settlement. Now, Mr. Garcia can keep his equipment and is housed where he can use a transmitter. The FDOC also agreed to pay $237,500 in attorneys' fees.

2011

Claire v. Silver Shores Condominium Association

When Mrs. Mary Lou Claire asked her condominium association for permission for her nineteen-year-old grandson to live with her as her caretaker, the association threatened legal action, citing a covenant barring residents under 21. The Florida Justice Institute intervened, invoking the Fair Housing Act to secure reasonable accommodations for Mrs. Claire, who was battling Alzheimer's. Silver Shores Condominium Association subsequently agreed to grant an exception.

2010

Raines v. Florida, 983 F.Supp. 1362 (N.D. Fla.)

Statewide class action arising out of the FDOC’s refusal to allow inmates with disabilities to perform certain certain jobs, thus limiting the amount of gain time they could earn, which resulted in them serving longer sentences. The case was brought under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, and resulted in a wide-reaching settlement that forced the FDOC to provide the same gain time opportunities to all inmates, regardless of any perceived disability.

1997

Voting and Electoral Challenges

Prison Legal News vs. Florida Department of Corrections

Back in 2003, the FDOC began to censor the magazine Prison Legal News—a monthly publication of legal news, analysis, and commentary on the prison system—on the basis of certain advertisements that appear in PLN.  During that litigation, they amended the relevant rule and assured the court they would no longer censor the magazine, and the case was dismissed as moot.  Several years later, despite these assurances, the FDOC resumed censorship of the magazine for the same reasons. FJI has filed a second lawsuit, alleging that this censorship violates PLN’s First Amendment rights.  The case is ongoing.

Continuous

Rinaldi et al. v. Brevard County, Case No. 22-CV-00023

We forced Brevard County to revise an ordinance, finally allowing residents with certain criminal convictions to attend County Commission meetings. 

Sigue leyendo2022

Prison Legal News v. Babeau

FJI joined an amicus brief in Prison Legal News' litigation against Pinal County Jail, supporting injunctive relief in PLN's First Amendment Challenge. Despite the court's acknowledgment of the Jail censoring PLN's materials, it denied injunctive relief after the Jail changed its policy and pledged not to censor PLN's materials further. PLN has appealed to the Ninth Circuit, and the amicus brief aims to highlight how jails and prisons frequently backtrack on promises to end unconstitutional practices, underscoring the necessity for a preliminary injunction.

2013

Foreclosure Mediation Rule

FJI, along with attorneys from Coffey Burlington, Legal Services of Greater Miami, and Florida Legal Services, filed an emergency petition with the Florida Supreme Court to require pre-judgment mediation in residential mortgage foreclosure actions. While the Task force on Residential Foreclosure Cases did not adopt mandatory mediations, FJI’s comments and suggestions were incorporated into the final amendments to the Florida Rules of Civil Procedure.

2009

State Board of Education amended Rule 6A-4.0021, F.A.C. of Consent Decree

FJI, representing the League of United Latin American Citizens (LULAC), challenged proposed administrative regulations by the Florida Department of Education. These regulations sought to lower the standards teachers must meet under a decades-old consent decree between LULAC and the Department, aimed at ensuring equitable classroom access for students with limited English proficiency in Florida. As a result of the challenge, the Department of Education amended its proposed rules.

2009

Florida Caucus of Black State Legislators v. Crosby, 877 So.2d 861 (Fla. 1st DCA)

A successful challenge to the FDOC’s systemic failure to assist formerly incarcerated people with getting their civil rights restored.

2004

Armstrong v. Harris, 773 So.2d 7 (Fla.)

A constitutional challenge by Florida’s religious leaders to a ballot resolution amending Florida’s Constitution, the Florida Supreme Court struck as unconstitutional the amendment changing the Constitution’s cruel or unusual punishment clause as being misleading after it had passed by 72.8% of the voting public.

2000

Socialist Workers Party v. Leahy, 145 F.3d 1240 (11th Cir.)

This case was a successful constitutional challenge to the State of Florida’s bonding requirement for minor political parties.

1998
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