Notice of Pro Bono Opportunity in Case 5:20-cv-214-TKW-MJF

Thursday, November 10, 2022

This is notice of an opportunity to provide pro bono representation in the case of Seymour v. Dixon, No. 5:20-cv-214-TKW-MJF.

Plaintiff is a paraplegic, wheelchair-bound prisoner in the custody of the Florida Department of Corrections. Plaintiff is suing Defendant for damages and injunctive relief under Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132 (“ADA”), and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (“RA”). Plaintiff claims that prison officials are discriminating against him on the basis of his disability by failing to reasonably accommodate his disability-related bowel incontinence. The claims are described in the Report and Recommendation. ECF No. 62.

Plaintiff’s case has survived Defendant’s motion for summary judgment. The parties have been ordered to submit pretrial statements of fact, exhibit lists, and witness lists. A trial date has not been set. A telephonic settlement conference is scheduled for February 16, 2023, at 9:30 a.m., central time.

Public funds are not available for payment of attorney’s fees. Fees may be recoverable under applicable law if Plaintiff prevails. See 42 U.S.C. § 12205; 29 U.S.C. § 794a. Limited funds sometimes are available from the District’s Bench and Bar Fund for the payment of out-of-pocket expenses incurred by an attorney providing representation of this type.

An attorney who wishes to represent Plaintiff may contact him directly and may enter the case by filing a notice of appearance. During the pendency of this case, Plaintiff has been confined at the Northwest Florida Reception Center in Chipley, Florida, and at the Reception and Medical Center in Lake Butler, Florida. Plaintiff currently is at RMC.

Members of the District’s bar will be afforded access to the electronic docket without charge for the purpose of considering whether to undertake the representation.