Nathan Jordan v. Sheriff Richard Del Toro, et al.

Summary

The United States District Court for the Southern District of Florida grants defendants’ motion for final summary judgment in Nathan Jordan’s 42 U.S.C. § 1983 action. The court rejects claims that the plaintiff was completely denied outdoor exercise in violation of the Fourteenth Amendment and that jail officials violated the First Amendment by scanning, copying, and retaining his legal mail. The court deems defendants’ statement of material facts admitted, closes the case, and directs that final judgment be entered separately.

Holdings

1. Defendants were entitled to summary judgment because the undisputed facts showed that Jordan was not completely denied outdoor exercise, and his restricted access to the general recreation area had a legitimate penological justification based on protective classification.
2. Defendants were entitled to summary judgment because the undisputed evidence showed that Jordan's legal mail was opened and handled in his presence, was not read or accessed outside his presence, and was not stored or retained by the jail.
3. The court could deem Defendants' properly supported statement of material facts admitted under Local Rule 56.1, but it still had to examine the merits and record evidence before entering summary judgment.

Questions Presented

1. Whether Defendants were entitled to summary judgment on Jordan's Fourteenth Amendment conditions-of-confinement claim alleging a complete denial of outdoor exercise.
2. Whether Defendants were entitled to summary judgment on Jordan's First Amendment claim alleging that jail officials improperly scanned, copied, and retained his legal mail.
3. Whether summary judgment could be granted where Jordan failed to file an opposing statement of material facts but Defendants supported their factual assertions with record evidence.

Disposition

other