Davis et al v. Inch, et al Florida death row

Evan T. Shea ; Linda McDermott ; Honorable Marcia Morales Howard U.S. District Court Judge

FLORIDA


The FDOC is trying to justify that they don't have enough staff to enforce the settlement agreement in the Florida death row dayroom case (Davis et al v. Inch, et al). We have been in contact with the judge for the past few months to help obtain a fair settlement.

Now they claim that they are not able to give more than 2 hours of dayroom per week, instead of 4 hours per day (5 days a week). It is a shame!

We support Florida death row inmates who have decided to stand up against this situation. The settlement agreement was already not what they wanted, but they decided to make concessions and now the FDOC is trying to give them a tenth of what they are supposed to receive.

WE DON'T WANT THESE CRUMBS! Counsel needs to file a Motion to Enforce !

To: Evan T. Shea ; Linda McDermott ; Honorable Marcia Morales Howard U.S. District Court Judge
From: [Your Name]

Dear Lawyers,

You are currently handling the case of Davis et al v. Inch, et al, regarding the improvement of conditions for Florida's death row inmates.

During negotiations, you obtained a settlement agreement containing 4 hours of out-of-cell time (Monday through Friday) in a day room, in addition to the 6 hours per week of outside recreation.

" JOINT MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND MEMORANDUM OF LAW IN SUPPORT THEREOF," Court Document 113, filed 11/12/21 states that staff shortage will not prevent these day rooms from being fully operational. See page 16, lines 13-17 ," The Settlement mandates that, irrespective of cost or staffing issues or anything else, the FDC must provide the dayrooms , out-of-cell time, and all other relief. If the FDC does not meet these obligations or fails to comply in any way, Plaintiffs can and will enforce the Settlement pursuant to its terms."

We was shocked to learn that the Florida Department of Corrections, at the hearing on 04/08/2022, had argued that due to staffing shortages, they would not be able to meet this agreement and therefore requested an adjustment to 2 hours of dayroom time per week.

As a supporter of the inmates on Florida's death row, We are asking you to take action today to demand that the FDOC honor this agreement in its entirety, not just in part.

Florida's death row inmates live in constant isolation as a reminder:

Mental health effects

A large body of research shows that solitary confinement causes adverse psychological effects and increases the risk of serious harm to individuals who experience it. According to an article in the Journal of the American Academy of Psychiatry and the Law, isolation can be as distressing as physical torture.

The BJS report that approximately 25% of people in prison and 35% of those in jail who had spent 30 days or longer in solitary confinement during the previous year had symptoms of serious psychological distress. The rates were similar for those who only spent 1 day in isolation.

Humans require social contact. Over time, the stress of being isolated can cause a range of mental health problems. According to Dr. Sharon Shalev, who authored A Sourcebook on Solitary Confinement in 2008, these problems may include:

anxiety and stress
depression and hopelessness
anger, irritability, and hostility
panic attacks
worsened preexisting mental health issues
hypersensitivity to sounds and smells
problems with attention, concentration, and memory
hallucinations that affect all of the senses
paranoia
poor impulse control
social withdrawal
outbursts of violence
psychosis
fear of death
self-harm or suicide
Research indicates that both living alone and feelings of loneliness are strongly associated with suicide attempts and suicidal ideation. Additionally, many individuals who experience confinement become incapable of living around other people.

Physical health effects

Most studies focus on the psychological effects of solitary confinement. However, psychological trauma and loneliness can also lead to physical health problems. Studies indicate that social isolation increases the likelihood of death by 26–32%.

According to Dr. Shalev’s A Sourcebook on Solitary Confinement, the recorded physical health effects of solitary confinement include:

chronic headaches
eyesight deterioration
digestive problems
dizziness
excessive sweating
fatigue and lethargy
genitourinary problems
heart palpitations
hypersensitivity to light and noise
loss of appetite
muscle and joint pain
sleep problems
trembling hands
weight loss
A lack of physical activity may also make it difficult to manage or prevent certain health conditions, such as diabetes, high blood pressure, and heart disease.

A prolonged lack of sunlight can cause a vitamin D deficiency, which can put older adults at risk of fractures and falls. These injuries are among the leading causes of hospitalization and death for older adults.

The settlement agreement initially planned with 4 hours of out-of-cell time Monday through Friday, while far from ideal will still be life-saving for the physical and mental health of these men. That is why today, as a supporter of Florida's death row inmates, I wish to voice my opposition to the FDOC's request for only 2 hours of weekly dayroom time. Especially since the reason given, namely, lack of staff, is an operational problem that has existed for years and will not find a solution in the near future.

Please do your best to ensure that the settlement agreement is respected in its entirety.

Thank you for your time and the attention you will give to this request.

Sincerely,