Raines v. State of Fla.
| Citation | 983 F.Supp. 1362 |
| Decision Date | 21 March 1997 |
| Docket Number | No. TCA 92-40311-WCS.,TCA 92-40311-WCS. |
| Parties | Ervin M. RAINES, Dale Frame, Selma Randle, Martin Lacquey, Claudie Smith, and James Delon, individually, and on behalf of a class of persons similarly situated, Plaintiffs, v. STATE OF FLORIDA, Harry K. Singletary, Jr., in his official and individual capacities as Secretary of the Florida Department of Corrections, Richard G. Kirkland, in his official and individual capacities as Superintendent of Holmes Correctional Institution, and Henry D. Alford, in his official and individual capacities as Assistant Superintendent of Holmes Correctional Institution, Defendants. |
| Court | U.S. District Court — Northern District of Florida |
Peter M. Siegel, Florida Justice Institute Inc., Miami, FL, for Ervin M. Raines, Dale Frame, Selma Randle, Martin Lacquey, James Delon, Claudie Smith.
Susan Adams Maher, Dept. of Corrections, Legal Services, Tallahassee, FL, for State of Florida, Harry Singletary.
Susan Adams Maher, Dept. of Corrections, Legal Services, Tallahassee, FL, Judy Bone, Dept. of Corrections, State of Florida, Tallahassee, FL, for Richard Kirkland, Henry Alford.
Pending is Defendants' motion for summary judgment, doc. 91, and Plaintiffs' response, doc. 97. Plaintiffs allege in their third amended complaint that they have been denied the opportunity to earn the maximum amount of incentive gain time afforded by statute due to their disabilities. They allege that this violates the Eighth Amendment, Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701, et seq., and Title II of the Americans with Disabilities Act of 1990(ADA), 42 U.S.C. § 12101, et seq. Doc. 56. Plaintiffs represent a class with four subclasses defined as:
All persons who are currently in the custody of the Florida Department of Corrections, or who, in the future will come into the custody of the Florida Department of Corrections, who are physically or mentally disabled or handicapped (the definition of "handicap" or "disability" is limited to the statutory definitions for the statutory claims) and who, because of their disability or handicaps, are not provided with a job assignment, educational assignment, or other opportunity to earn the maximum amount of incentive gain time available to all prisoners eligible to earn incentive gain time. The class is further defined and limited to the following subclasses of such inmates:
1. Inmates who are classified X-5.
2. Inmates who are provided mental health treatment at the Corrections Mental Health Institute.
3. Inmates who are housed at a reception and medical center for treatment.
4. Inmates who are classified medical grade 3 or 4 who are impeded in the opportunity to earn incentive gain time due to the lack of a policy which directs that their disability be taken into account in determining the amount of incentive gaintime to be awarded.
Doc. 53. Injunctive relief is sought on behalf of Plaintiffs who are still in the custody of the Florida Department of Corrections (DOC), and Plaintiffs Raines and Frame, who are not, seek damages.
The statute at issue here, Fla. Stat. § 944.275(4)(b)(1995), provides in relevant part:
For each month in which an inmate works diligently, participates in training, uses time constructively, or otherwise engages in positive activities, the department may grant incentive gain-time in accordance with this paragraph.
In three following subparagraphs the statute establishes limitations upon the award of gain time according to the date and nature of the offenses committed.
At the time this suit was filed, the DOC rule implementing this statute, Fla.Admin.Code § 33-11.0065(2)(1991), provided that a prisoner who was "medically unable" to earn incentive gain time would, nonetheless, have an opportunity to earn the full amount of incentive gain time available to be earned by engaging in "positive activities." Subparagraph (3)(d)(3) of Fla.Admin.Code § 33-11.065 provided:
Inmates who are medically unable to perform work or other assignments may be recognized with incentive gain time through participation in self-betterment programs and other positive activities provided their medical status permits. Other facts that might be evaluated would include adherence to instructions of the medical staff in following treatment regimens, relationships with medical staff and other medical patients, and, as their health permits, fulfillment of any housekeeping or other assignments given.
Complaint, doc. 56, para. 35; Answer, doc. 65, para. 35. Additionally, Fla.Admin.Code provided that prisoners
unassigned from work and education ... may be awarded 0 to 4 days gain time when overall "above satisfactory" in his institutional adjustment. If self-betterment programs are recommended by the team and are available, the inmate should be actively involved. If programs are not recommended, the inmate may still be considered as noted above.
Complaint, doc. 56, para. 36; Answer, doc. 65, para. 36 ().
As early as June 16, 1991, Defendants Alford and Kirkland at Holmes Correctional Institution determined that prisoners assigned to the disabled squad (who were unable to work) would be eligible to earn no more than four days of incentive gain time per month, rather than the full 20 days which other prisoners could earn.1 Complaint, doc 56, paras. 37-40 ); Answer, doc. 65, paras. 37-40 ).
In 1994, Fla.Admin.Code § 33-11.0065(2) was amended to eliminate the provision quoted above. Complaint, doc. 56, para. 41; Answer, doc. 65, para. 41. In its place, incentive gain time is now earned based upon security, work, and program components. Id. No prisoner now can earn the maximum amount of incentive gain time unless he or she has engaged in activities involving all three components at an outstanding level. Answer, doc. 65, para. 42. The work and program components are designated the performance rating, and the security component results in a security rating. Fla.Admin.Code § 33-11.0065(3). To achieve the maximum award available, a prisoner must be involved in some sort of assigned work or an assigned program (such as education). Fla.Admin.Code §§ 33-11.0065(3)(a)4 and doc. 92, appendix B, affidavit of S. Fred Roesel.
The first subclass includes prisoners who are assigned the X-5 work capacity classification. An X-5 prisoner is defined by the DOC as a prisoner who is "unable to engage in any work, recreational or training activities by reason of any medically determinable physical or mental impairment." Doc. 92, exhibit A, attachment A, para. H, p. 5. The parties agree that these prisoners cannot be assigned to or perform any work or program, even with assistance. Thus, they are not routinely available for work.
The second subclass are those prisoners assigned to the Corrections Mental Health Institution (CMHI). A prisoner assigned there has been found to be "mentally ill and is in need of treatment." Fla.Stat. § 945.43(1). The CMHI has 110 beds, and averages about 90 prisoners assigned, and these prisoners stay for an average of 180 days. Doc. 92, exhibit E, deposition of Katherine H. Heffner, pp. 4-5. Prisoners assigned to the CMHI for treatment are encouraged to maintain their personal hygiene and the cleanliness of the areas around them as a part of their treatment, but they are not forced to do so and earn no incentive gain time for doing so. Id., pp. 10-11. Their treatment plan includes encouragement to improve in personal hygiene, cleanliness of the living area, cooperation with staff, and attitude. Id., p. 9. There are no work assignments for these prisoners. Id., p. 7. Prisoners assigned to CMHI can earn up to 12 days of incentive gain time a month, eight days for security gain time and four days for program gain time; they cannot earn work gain time. Id., p. 7; Fla.Admin.Code § 33-11.065(3).
Plaintiffs have submitted the affidavit of Eddie Ivy. Ivy spent nearly 14 months at the CMHI, receiving from four to eight days a month incentive gain time as a part of the security component. Doc. 98, exhibit E. He was required to attend various programs as a part of therapy, and worked nearly every day doing cleaning. He earned no gain time for participation in the programs or for his work cleaning. Id.
The third subclass consists of prisoners assigned to a reception center for medical treatment. Typically these prisoners are not assigned a job during the first 60 days at a reception center while they await or receive medical treatment, and thus cannot earn work incentive gain time. Doc. 92, exhibit F, deposition of Thomas Earl Patterson, p. 5. They may be assigned to a job and earn the work incentive gain time after 60 days at a reception and medical center if a physician determines that he or she is capable of working.2 Id., p. 7; Fla.Admin.Code § 33-11.065(3).
Since it is possible for a prisoner to work only three days a week and still earn the maximum incentive gain time, prisoners who become temporarily unable to work at an institution other than a reception center could, nonetheless, still earn the maximum incentive gain time. Doc. 36, exhibit F, testimony of Wilson Bell in Stapleton v. Singletary, case no. 88-14178-Civ-Paine (S.D.Fla), vol. 8, p. 1327.
Plaintiff has submitted affidavits of several prisoners setting forth their experiences in the award of incentive gain time at reception centers. Thomas Wolfgang avers that he is a medical grade 3 confined to a wheelchair. Doc. 98, exhibit D. He works as a button tailor at his permanent institution. He was assigned to the Central Florida Reception Center from August 15, 1994, to March 1995. He was assigned a houseman job, but never received the full amount of gain time. Id.
Steven Brent Hamilton similarly states in his affidavit that he spent nearly a year at the North Florida...
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