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| Michael P. Maddux - Highest Rating Awarded |
Friday, December 5, 2014
Tuesday, December 2, 2014
Tuesday, November 11, 2014
No Miranda - No Problem says Supreme Court
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| No Miranda - No Problem |
Brutal SCOTUS decision which holds a suspect’s pre-arrest, pre-Miranda silence can be used against him unless the suspect affirmatively invokes his right to remain silent.
The Court found no fault with police inquisition in this very serious and sad case.
Friday, September 12, 2014
Florida Prison Death Statistics Now Readily Available
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| Florida Prison Death Statistics Now Readily Available |
Prison Death Statistics
Under growing scrutiny regarding the increasing number of deaths within the prisons each year, the Florida Department of Corrections has released a database to the public which allows individuals to review all prison deaths in the State of Florida for the past fourteen years. People can see the status of a death investigation as well as some summary reports of closed cases. The search can be done by facility, sex, race or manner of death.
Secretary Mike Crews claims:
“By taking advantage of technology, we are allowing the public to have access to the information about in-custody deaths that is available to us. This is another step toward increasing transparency and accountability into the functions of the Department.”
Florida Department of Corrections
The Department of Corrections currently houses approximately 101,000 inmates in 49 institutions around the State of Florida. All non-natural deaths are investigated by the Florida Department of Law Enforcement with help of the Office of Inspector General. The remaining deaths are investigated by the Officer of Inspector General alone.
To date this year, there have been 225 deaths within the Florida Department of Corrections facilities. Of those, 213 are male and 12 are female. Three deaths were the result of homicide, one was the result of a suicide and eighty-seven cases are still being investigated.
Although this is not a complete fix to the problem regarding abuse in the prisons, this is a step in the right direction towards making a change.
If you have a family member or friend who has died or is/was the victim of abuse while in a Florida prison, please contact the Law Office Michael P. Maddux who will ensure that the proper investigation is completed and a just resolution is obtained. No one deserves to be abused by prison guards, regardless of the reason they are in the prison.
Sources:
Friday, March 7, 2014
False Arrest Claims under 42 USC § 1983 - False Arrest Claims under Florida Law - Juvenile Falsely Arrested in Clay County
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| How do you prove a claim of False Arrest in Florida? |
How do you prove a claim of False Arrest in Florida?
An innocent juvenile spent 35 days in the Clay County Jail after three deputies failed check that they had the correct suspect based on a photo lineup. The correct suspect was another student at the high school with the same name. The three deputies involved have been disciplined. According to published reports, "The mistake wasn't discovered until the teen received court documents detailing the charges against him." Reports also indicate, "Authorities say investigators failed to confirm their suspect's identity with a photo lineup. They actually had been seeking another student at the same high school with the same name."
False Arrest Claims under 42 USC § 1983
The University of Chicago Law review notes, "Under § 1983, citizens may seek redress for violations of their constitutional rights by state or local officials,9 including police officers. The statute guarantees that “[e]very person who, under color of any statute, ordinance, regulation, custom or usage, of any State or
Territory . . . subjects . . . any . . . person . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured.” A § 1983 action has two essential elements: that the alleged injury was committed by a person acting under color of state law, and that this conduct deprived the person of a right “secured by the Constitution and the laws” of the United States."
False Arrest Claims under Florida Law
The University of Chicago Law review also notes "the only difference between the federal § 1983 claim and the pendent state claim was the placement of the burden of proof—under Florida law, probable cause was an affirmative defense, while in the Eleventh Circuit, the “plaintiffs had the burden of demonstrating the absence of probable cause in order to succeed in their § 1983 claim.”"
If you have been the victim of a false arrest, please contact our office for a consultation.
Authored by: Jennifer Salter, Esquire
For the full report, please see: http://www.wcjb.com/local-news-state-news/2014/02/teen-spends-35-days-jail-after-mistaken-arrest
Source: http://lawreview.uchicago.edu/sites/lawreview.uchicago.edu/files/uploads/73.1/73_1_Newman.pdf
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