MIAMI/TALLAHASEE – Today, the Florida Justice Institute (FJI) and the Social Justice Law
Collective (SJLC) announced the filing of a federal class action lawsuit
against the Florida Department of Corrections (FDOC) for confiscating the lawfully
purchased digital music and books of thousands of Florida prisoners. After years of selling digital music and
books to Florida prisoners – and realizing millions of dollars in profits from
those sales – the FDOC has now implemented a statewide policy forcing Florida
prisoners to surrender their digital media players and all of their lawfully purchased
music and books, without just compensation.
The Complaint alleges violations of the Takings and Due Process Clauses
of the U.S. Constitution.
“In effect, the Florida Department of
Corrections has stolen millions of dollars of digital music and books from the incarcerated
people in its custody,” said FJI Executive Director Dante Trevisani. “This was
done merely to obtain a more profitable contract, at the direct expense of incarcerated
people and their families.”
William Demler, the named plaintiff in
the lawsuit, has brought this lawsuit on behalf of himself and other victims of
the FDOC’s unconstitutional policy. He
had purchased over 300 digital songs and books from the FDOC and its prior
vendor since 2012. Now, the FDOC has taken
his digital media player and all of his digital songs and books from him. The FDOC’s explanation is even more callous –
in response to the hundreds of formal grievances filed by Mr. Demler and other
affected prisoners, the FDOC developed a form response, admitting that the
unlawful confiscation of their property was necessary in order for the FDOC and
its new vendor to realize additional profits.
According to the lawsuit, the FDOC
induced Mr. Demler and other prisoners to purchase the now-confiscated digital
music and books by explicitly promising them that they would own any purchased
media files forever. The promises had
their intended effect, as from 2011 to 2017, FDOC prisoners purchased nearly
6.7 million digital media files, at a cost of roughly $11.3 million to those
prisoners and their families. However,
this promise quickly became meaningless when the FDOC had the opportunity to
enter into a more profitable contract with a new vendor.
“These men and women relied on the
representations made by the FDOC and its vendor that, once purchased, they
would own these songs and books for the duration of their incarceration,” said
SJLC attorney Josh Glickman. “The FDOC’s confiscation of these individuals’
lawfully purchased property – for no reason other than to turn a profit – is
unconscionable.”
For further information please contact SJLC attorneys Josh Glickman or Shawn Heller at media@sjlawcollective.com.
Visit SJLC's website here »
For further information please contact SJLC attorneys Josh Glickman or Shawn Heller at media@sjlawcollective.com.
Visit SJLC's website here »
