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HALVELAND v. DEPARTMENT OF CORRECTIONS

No. 1D18-1822.

273 So.3d 227 (2019)

Elizabeth HALVELAND, individually and as a Personal Representative of the Estate of Michael Halveland, deceased, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, an Agency of the State of Florida, Isaac Andrews, both in his individual and official capacity as a Correctional Officer of Florida Department of Corrections, Carlton Spooner, both in his individual and official capacity as an Officer of Florida Department of Corrections, Jennifer Reeves, both in her individual and official capacity as an Officer of Florida Department of Corrections, Patrick Jason William, in his individual capacity, Appellees.

District Court of Appeal of Florida, First District.

May 21, 2019.

Attorney(s) appearing for the Case

Megan Cunningham and Ann Finnell of Finnell , McGuinness, Nezami & Andux, P.A., Jacksonville, for Appellant.

Kenneth Steely , General Counsel, Florida Department of Corrections, Tallahassee, Ashley Moody , Attorney General, Elizabeth M. van den Berg and Anthony Dean Johnson , Assistant Attorneys General, Tallahassee, for Appellees.

Appellant argues that the trial court erred in not allowing her to amend her complaint to add a cruel and unusual punishment claim pursuant to 42 U.S.C. § 1983 against 3 correctional officers. We have jurisdiction because appellant voluntarily dismissed all other counts against the officers; thus, the effect of the order was to completely...

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