John Stone—Senior Attorney, National Legal Research Group
Juvenile offenders and their parents brought a civil rights action against the Florida Department of Juvenile Justice and the Secretary of the Department, challenging the constitutionality of state-wide policies and practices of isolating juvenile offenders in solitary confinement, and alleging claims for disability discrimination under the Americans with Disabilities Act ("ADA") and the Rehabilitation Act. Their claims withstood a motion to dismiss. G.H. ex rel. Henry v. Marstiller, No. 4:19CV431‑MW/CAS, 2019 WL 6694738 (N.D. Fla. Dec. 6, 2019).
The source for the constitutional challenge was the prohibition on cruel and unusual punishment in the Eighth Amendment. To support an Eighth Amendment challenge to conditions of confinement, the conditions must be objectively serious or extreme, that is, the prisoner must show that a condition of his confinement poses an unreasonable risk of serious damage to his future health or safety.Read More