Case: Avant v. Rice

8:91-cv-00748 | U.S. District Court for the Middle District of Florida

Filed Date: June 14, 1991

Closed Date: Nov. 19, 1992

Clearinghouse coding complete

Case Summary

In 1991, plaintiff filed a section 1983 action against employees of the Pinellas County Jail for opening his legal mail outside his presence. The district court for the Middle District of Florida (Judge Elizabeth A. Kovachevich) forwarded plaintiff's complaint to the consent monitor appointed in the Davis v. Roberts case (JC-FL-012) pursuant to the consent decree established to resolve problems related to unconstitutional jail conditions and practices. The monitor recommended that plaintiff's complaint be closed for insufficient evidence. In addition, the court dismissed all of plaintiffs causes of action and entered judgment for defendants. Avant v. Rice, 1992 U.S. Dist. LEXIS 17822 (M.D. Fla. 1992). The docket from PACER mirrors the actions discussed by the 1992 opinion.

Summary Authors

Lauren Cutson (5/25/2005)

People


Judge(s)

Kovachevich, Elizabeth Anne (Florida)

Attorney for Defendant

Jagger, Robert F. (Florida)

Documents in the Clearinghouse

Documents in this case

8:91-cv-00748

Docket (PACER)

June 8, 2001

June 8, 2001

Docket
29

8:91-cv-00748

91-cv-01011

91-cv-01012

Order

Nov. 19, 1992

Nov. 19, 1992

Order/Opinion

1992 WL 359633

Docket

Last updated March 24, 2025, 8:08 a.m.

ECF Number Date Description Link
2 June 14, 1991

MOTION by Curtis Avant to proceed in forma pauperis (affidavit of indigency) Computer printout attached. (cek) (Entered: 06/17/1991)

PACER
June 14, 1991

CASE REFERRED to Judge Charles R. Wilson for discovery. (cek) (Entered: 06/17/1991)

PACER
June 14, 1991

NOTICE to Prisoner of Filing of Case. File forwarded to Chambers for IFP review. (cek) (Entered: 06/17/1991)

PACER
3 June 26, 1991

ORDER to Complete Summons Forms. ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 06/26/1991)

PACER
3 June 26, 1991

ORDER granting [2-1] motion to proceed in forma pauperis (affidavit of indigency) ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 06/26/1991)

PACER
4 July 23, 1991

MOTION by Curtis Avant for appointment of counsel referred to Judge Charles R. Wilson (rjh) (Entered: 07/24/1991)

PACER
5 July 26, 1991

ORDER denying [4-1] motion for appointment of counsel denying [2-1] as moot because court granted Plaintiff's earlier motion to do so, motion to proceed in forma pauperis (affidavit of indigency), Clerk is directed to send Pltf new summons and marshal's forms, along with copy of Court Order of 06/26/91 set amended pleadings, Pltf must return completed forms due for 8/15/91 or this cause will be dismissed, without prejudice and without further order of the court ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 07/29/1991)

PACER
6 Aug. 5, 1991

ORDER denying [4-1] motion for appointment of counsel, denying as moot [2-1] motion to proceed in forma pauperis (affidavit of indigency) ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 08/06/1991)

PACER
7 Aug. 12, 1991

ORDER Directing Service of Process Upon Defendants and Notice to Plaintiff ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 08/12/1991)

PACER
Aug. 19, 1991

CORRESPONDENCE received from Curtis Avant regarding computer financial print-out (rjh) (Entered: 08/21/1991)

PACER
8 Sept. 4, 1991

RETURN OF SERVICE executed as to Everett S. Rice 8/24/91 by certified mail. Answer due on 9/13/91 for Everett S. Rice (rjc) (Entered: 09/05/1991)

PACER
9 Sept. 12, 1991

MOTION by Everett S. Rice and Pinellas County Jail to dismiss presenting defense of Pinellas County Jail's lack of jurisdiction over the person (rjh) (Entered: 09/12/1991)

PACER
10 Sept. 12, 1991

MEMORANDUM by Everett S. Rice in support of [9-1] motion to dismiss presenting defense of Pinellas County Jail's lack of jurisdiction over the person (rjh) (Entered: 09/12/1991)

PACER
11 Oct. 7, 1991

MOTION by Curtis Avant to extend time to answer Deft's Motion to Dismiss, and Motion to Amend Pltf's complaint (rjh) (Entered: 10/07/1991)

PACER
Oct. 7, 1991

NOTICE of Change of Address to Calhoun Correctional Institution (rjh) (Entered: 10/07/1991)

PACER
13 Oct. 16, 1991

ORDER denying as moot [11-1] motion to extend time to answer Deft's Motion to Dismiss, and Motion to Amend Pltf's complaint denying as moot [9-1] motion to dismiss presenting defense of Pinellas County Jail's lack of jurisdiction over the person, set amended complaint deadline at 11/6/91 for Curtis Avant ; consolidating Case No. 91-1011-Civ-T-17C and 91-1012-Civ-T-10A with 91-748-Civ-T-17A) ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 10/17/1991)

PACER
Oct. 17, 1991

Consolidated Lead Case; consolidated with Case No. 91-1011-Civ-T-17C and 91-1012-Civ-T-17 (rjh) (Entered: 10/17/1991)

PACER
14 Oct. 28, 1991

MOTION by Curtis Avant for appointment of counsel (rjh) (Entered: 10/30/1991)

PACER
15 Oct. 28, 1991

AMENDED COMPLAINT by Curtis Avant , (Answer due 11/7/91 for Officer Johnson, for Officer Sanford, for John Doe, for Charles Feldon, for Everett S. Rice ) amending [1-1] complaint (rjh) (Entered: 11/01/1991)

PACER
16 Nov. 1, 1991

ORDER denying [14-1] motion for appointment of counsel, Clerk shall forward a copy of this order and Plaintiff's complaint in this case and each of the consolidated cases to Marcellas Durham, Court monitor; court monitor shall investigate Plaintiff's complaint and include findings in quarterly report for that visit; Plaintiff shall have 30 days from the date of monitor's report to file a statement including the results of the monitor's investigation; whether monitor has recommended any administrative action to resolve the complaint; whether plaintiff still desires to prosecutre his claim for damages ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 11/04/1991)

PACER
Jan. 17, 1992

CORRESPONDENCE dated 1/13/92 received from Curtis Avant regarding case. (rjh) (Entered: 01/21/1992)

PACER
17 Feb. 7, 1992

NOTICE of Inquiry by Curtis Avant as to whether court monitor has received court order of 11/1/91. (rjh) (Entered: 02/10/1992)

PACER
18 March 5, 1992

AMENDED MOTION by Curtis Avant for Information regarding Appointed Court Monitor (rjh) (Entered: 03/10/1992)

PACER
19 March 18, 1992

MOTION by Everett S. Rice with memorandum in support to dismiss (rjh) (Entered: 03/18/1992)

PACER
20 March 23, 1992

ORDER that plaintiff may request a copy of the Court Monitor's report, in writing, from Jean Kwall, Esq. Plaintiff must file his court-ordered response, pursuant to the court's order of 11/1/92, within 30 days of the date of this order. Failure to file a response will result in the dismissal of this action, and the related consolidated actions, without further notice. ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 03/23/1992)

PACER
21 April 2, 1992

MEMORANDUM by Curtis Avant in opposition to [20-1] court order of 3/23/92 regarding Plaintiff's response to court's ordered monitor's investigation to plaintiff's complaint. (rjh) (Entered: 04/02/1992)

PACER
April 13, 1992

CORRESPONDENCE dated 4/7/92 received in the Judge's chambers regarding case. (rjh) (Entered: 04/14/1992)

PACER
April 21, 1992

COPY of correspondence sent to Curtis Avant dated 4/10/92 from Jean H. Kwall, Esq. forwarding a copy of Court Monitor's Report to Mr. Avant. Copy of Mr. Avant's letter to Jean Kwall, Esq. dated 3/30/92 attached and copy of court order of 3/23/92 attached. (rjh) (Entered: 04/21/1992)

PACER
22 April 24, 1992

ORDER denying without prejudice to refiling after Plaintiff has responded to the monitor's report, [19-1] motion to dismiss granting [18-1] motion for Information regarding Appointed Court Monitor. Plaintiff should request a copy of the report for the fourth quarter of 1991. That the Clerk send Defendants a copy of Plaintiff's amended complaint (Doc. 15). Plaintiff shall respond to the monitor's report, as directed in the court order dated 11/1/92, not later than 5/15/92. Failure to do so will result in dismissal of this action without further notice of the court. ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 04/24/1992)

PACER
23 April 29, 1992

REJECTIONS to Monitor's Report by Curtis Avant. Attachment. (rjh) (Entered: 04/30/1992)

PACER
24 May 7, 1992

MOTION by Curtis Avant for sanctions (rjh) (Entered: 05/08/1992)

PACER
25 June 1, 1992

MOTION by Everett S. Rice to dismiss amended complaint (rjh) (Entered: 06/01/1992)

PACER
26 June 1, 1992

MEMORANDUM by Everett S. Rice in support of [25-1] motion to dismiss amended complaint (rjh) (Entered: 06/01/1992)

PACER
27 July 27, 1992

ORDER [25-1] motion to dismiss amended complaint taken under advisement, Response to motion reset to 8/17/92 to file an opposition to [25-1] motion to dismiss amended complaint ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 07/27/1992)

PACER
Aug. 12, 1992

COPY of correspondence dated 8/7/92 sent to Mr. Avant furnishing him with court monitor's report. (Copy of report not submitted with copy sent to Clerk). (rjh) (Entered: 08/12/1992)

PACER
28 Aug. 13, 1992

MEMORANDUM by Curtis Avant in opposition to [25-1] motion to dismiss amended complaint, with protest against Court Order dated 7/27/92 "showing racial bias", "also requesting summary judgment", with a final hearing of evidence. (rjh) (Entered: 08/14/1992)

PACER
28 Aug. 13, 1992

MOTION by Curtis Avant for summary judgment (rjh) (Entered: 08/14/1992)

PACER
Aug. 14, 1992

CORRESPONDENCE dated 8/11/92 from Curtis Avant notifying the Clerk of Court of furnishing Opposition to Defendant's Motion to Dismiss to Judge's chambers by certified mail. (rjh) (Entered: 08/14/1992)

PACER
29 Nov. 19, 1992

ORDER denying as moot [28-1] motion for summary judgment granting [25-1] motion to dismiss, without prejudice, for failure to prosecute amended complaint. The clerk is directed to enter a judgment in favor of defendants and to close this case; denying [24-1] motion for sanctions. Case no. 91-1011-Civ-T-17C and no. 91-1012-Civ-T-17A are also dismissed. The clerk is directed to close those cases. ( Signed by Judge Elizabeth A. Kovachevich ) (rjh) (Entered: 11/23/1992)

PACER
Nov. 19, 1992

Case closed (cek) (Entered: 12/01/1992)

PACER
30 Nov. 20, 1992

JUDGMENT for Officer Johnson, Officer Sanford, John Doe, Charles Feldon, Everett S. Rice against Curtis Avant. It is ordered that defendant Rice's motion to dismiss is granted. Further, plaintiff's claims against defendants Felton, John Does and the Pinellas County Jail are dismissed as frivolous. Plaintiff's claims against defendants Sanford and Johnson are dismissed, without prejudice, for failure to prosecute. Case No. 91-1011-Civ-T-17C and Case No. 91-1012-Civ-T-17A are also dismissed. (s/rjh/11/19/92/Notified) MFR Number 104/D690 (rjh) (Entered: 11/23/1992)

PACER
31 Nov. 20, 1992

Letter addressed to Honorable Judge Stafford from Curtis Avant received in the Judge's chambers entitled "Victim and Witness Protection Act of 1982." (rjh) (Entered: 11/24/1992)

PACER
32 Nov. 25, 1992

Letter addressed to Judge Black entitled, "Victim and Witness Protection Act of 1982" from Curtis Avant. (rjh) (Entered: 11/25/1992)

PACER
June 8, 2001

FRC record data: accession # 021 95 0711; agency box # 157; location # E1001511 (sak) (Entered: 06/08/2001)

PACER

Case Details

State / Territory:

Florida

Case Type(s):

Jail Conditions

Key Dates

Filing Date: June 14, 1991

Closing Date: Nov. 19, 1992

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate at the Pinellas County Jail alleging his mail was opened outside of his presence

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Pinellas County Jail

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Other Dockets:

Middle District of Florida 8:91-cv-00748

Middle District of Florida 91-cv-01011

Middle District of Florida 91-cv-01012

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

Unknown

Issues

General/Misc.:

Mail

Recommended Citation