The Southern Poverty Law Center and Florida Justice Institute filed federal and state lawsuits on behalf of an incarcerated man who suffered abuse at the hands of the Florida Department of Corrections (FDC). Following a settlement awarded to the man for his injuries, FDC enforced a six-figure lien against him. The suits argue that FDC’s actions violate federal law by confiscating civil rights settlement funds and state law by doing so without following proper collection procedures.
The FDC imposed a $547,850 lien against the plaintiff in July 2024 after he settled a lawsuit against department officers who, in 2019, beat him so severely that he lost an eye, permanently blinding and disfiguring the plaintiff. FDC then seized the settlement funds it paid to the plaintiff from his prison bank account without providing notice or following lien collection procedures established by the state. Further, the amount of the lien exceeded the plaintiff’s account balance, causing him to incur debt.
Under Florida law, the department of corrections can impose “cost of incarceration” liens of $50 for each day a person is imprisoned, in addition to roughly 10% interest. The liens apply to any money a convicted person currently has or will earn in the future until the debt is paid.
The suits were filed in the U.S. District Court for the Northern District of Florida Tallahassee Division, and the Circuit Court of the 2nd Judicial Circuit in and for Leon County Florida.
