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RAINES v. STATE OF FLA.

No. TCA 92-40311-WCS.

983 F.Supp. 1362 (1997)

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.

United States District Court, N.D. Florida, Tallahassee Division.

March 21, 1997.

Attorney(s) appearing for the Case

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.

ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

SHERRILL, United States Magistrate Judge.

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...

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