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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 0:20-cv-61113

CODY BARNETT, WILLIAM BENNET,

CHRISTOPHER BROWN, JESSE

CALLINS, GREGORY DUNNING,

BERNARD FRANKLIN, RICARDO

GONZALES GUERRA, HEATHER LEWIS,

ROBERT MORRILL, SAMUEL PAULK,

HELEN PICIACCHI, DARIUS WALKER

GREAVES and TODD WATSON, on their

own and on behalf of a class of similarly

situated persons,

Plaintiffs/Petitioners,

DISABILITY RIGHTS FLORIDA, INC.,

Plaintiff,

v.

GREGORY TONY, in his official capacity as

Sheriff of Broward County,

Defendant/Respondent. 

____________________________________________ /

SHERIFF’S VOLUNTARY REPORT OF INFORMATION/UPDATE 

ADDRESSING VACCINATION OF INMATES

COMES NOW the BROWARD SHERIFF’S OFFICE, named in this proceeding as 

“GREGORY TONY, in his official capacity as Sheriff of Broward County” (BSO), by and 

through BSO’s undersigned counsel, and as a respectful courtesy to this Court following 

the Monday, May 10, 2021, hearing at which the Court ordered final approval of the class 

action settlement agreement states:

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Background

The COVID-19 pandemic spawned this litigation involving BSO’s jail facilities. On 

Monday, May 10, 2021, this Court held a hearing on Plaintiffs’ motion for approval of 

class settlement and certification of settlement class (DE 103). BSO agreed to the approval 

sought. (DE 107). After substantial analysis of “objections” filed by BSO Jail inmates and 

other matters raised by the settlement agreement itself, this Court approved the settlement.

While discussing the terms of the settlement with the parties, this Court inquired 

about vaccinating the jail inmate population.1 The undersigned counsel for BSO responded 

that:

(1) BSO is dependent upon Broward County’s Department of Health (Broward 

DOH) for both its supply of vaccine and the frequency of that supply;

(2) When BSO receives vaccine from Broward DOH, BSO immediately makes 

the vaccine available to the inmate population;

(3) The undersigned’s understanding was that more than 500 inmates had 

received a COVID-19 vaccination from BSO and that BSO’s inmate vaccination effort 

continues in earnest, subject only to DOH’s supply limitation; and

(5) BSO is engaged in active discussions with Broward DOH to obtain both 

more vaccine and a more regular supply of it (addressing this Court’s expressed aspiration 

1 The parties negotiated the settlement agreement over the course of several months in 2020 and reached a full 

agreement on November 24, 2020. (DE 105 at Exhibit 1). The settlement agreement did not address or even 

contemplate inmate vaccination because at that time, there was no COVID-19 vaccine available in the United States. 

The United States Food and Drug Administration issued an “Emergency Use Authorization” for the “Pfizer vaccine” 

on December 11, 2020 (https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-

covid-19/pfizer-biontech-covid-19-vaccine); the “Moderna vaccine” on December 18, 2020 

(https://www.fda.gov/news-events/press-announcements/fda-takes-additional-action-fight-against-covid-19-issuingemergency-use-authorization-second-covid); and the “Johnson & Johnson vaccine” on February 27, 2021

(https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid-19/janssen-covid-19-

vaccine). 

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that BSO use whatever persuasive influence it has to obtain “surplus vaccine” reportedly 

prevalent throughout the country).

Updated information on BSO inmate mass vaccination initiative

Following the Monday, May 10, 2021 hearing, the undersigned made additional 

inquiry regarding the inmate vaccination effort. The following is an up-to-date summary 

of BSO’s effort:

(1) As of last week, BSO had vaccinated approximately 450 inmates, with 

another 200 vaccinations estimated for this week;

(2) BSO is actively seeking additional vaccine supply and vaccination assistance 

to fulfill its initiative of mass vaccination of its inmate population;

(3) BSO has consulted with both Broward DOH and the State of Florida Task 

Force for Region 7. BSO has determined that the state task force offers the most effective 

resources to address BSO’s inmate population and operational needs in administering the 

vaccine. BSO is in the process of requesting the assignment of a state task force team to 

complete the vaccination initiative;

(4) The administrative procedure to obtain a task force vaccination team requires 

an initial formal request to the Broward Emergency Operations Center (EOC). Broward 

EOC reviews the request and sends it to Tallahassee for a final decision. Once approved, 

BSO will be assigned a task force team of ten (10) nurses and support staff and BSO will 

coordinate an operation plan with that team to mass vaccinate BSO’s inmate population;

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(5) BSO’s jail health care services vendor, Wellpath, presently is administering 

the Johnson & Johnson (single dose) vaccine. The state task force team also will be 

administering the Johnson & Johnson vaccine; and 

(6) Once the task force team is involved, BSO anticipates an initial request of 

750 doses of vaccine to meet the estimated inmate demand. With the involvement of the

task force team and its cooperative effort with Broward DOH, BSO anticipates no issue in 

obtaining the requested vaccine and any additional vaccine necessary to complete the mass 

vaccination initiative. 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 12th day of May 2021, I electronically filed the 

foregoing document with the Clerk of Court by using the CM/ECF system. I further certify 

that I either mailed the foregoing document and the Notice of Electronic Filing by first 

class mail to any non CM/ECF participants and/or the foregoing document was served via 

transmission of Notice of Electronic Filing generated by CM/ECF to any and all active 

CM/ECF participants.

JOHNSON, ANSELMO, MURDOCH, BURKE,

PIPER & HOCHMAN, P.A.

Attorneys for Defendant, Gregory Tony

2455 East Sunrise Boulevard, Suite 1000

Fort Lauderdale, Florida 33304

Tel: (954) 463-0100

Fax: (954) 463-2444

/s/Michael R. Piper 

Michael R. Piper

Florida Bar No.: 710105

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SERVICE LIST

Benjamin James Stevenson, Esq.

ACLU Foundation of Florida

Attorneys for Plaintiffs/Petitioners

3 W. Garden Street, Suite 712

Pensacola, FL 32502

Bar No.: 598909

Tel: (786) 363-2738

bstevenson@aclufl.org

Anjana Samanat, Esq. (pro hac vice pending)

Steven Watt, Esq. (pro hac vice pending)

AMERICAN CIVIL LIBERTIES UNION FOUNDATION

120 Broad Street, 18th Floor

New York, NY 10004

Tel: (212) 549-2500

asamant@aclu.org

swatt@aclu.org

Brian Stull, Esq. (pro hac vice pending)

AMERICAN CIVIL LIBERTIES UNION FOUNDATION

201 W. Main Street, Suite 402

Durham, NC 27701

Tel: (919) 682-9469

bstull@aclu.org

Eric Balaban, Esq. (pro hac vice pending)

AMERICAN CIVIL LIBERTIES UNION FOUNDATION 

915 15th Street, N.W.

Washington, D.C. 20005

Tel: (202) 393-4930

ebalaban@aclu.org

Suhana S. Han, Esq. (pro hac vice pending)

Akash M. Toprani, Esq. (pro hac vice pending)

SULLIVAN & COMPWELL, LLP

125 Broad Street

New York, NY 10004

Tel: (212) 558-4000

hans@sullcrom.com

toprania@sullcrom.com

Case 0:20-cv-61113-WPD Document 109 Entered on FLSD Docket 05/11/2021 Page 5 of 6
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James H. Congdon, Esq. (pro hac vice pending)

SULLIVAN & COMPWELL, LLP

1700 New York Ave NW

Washington, D.C. 20006

Tel: (202) 956-7500

congdonj@sullcrom.com

Order of Counsel Withdrawal: 1/2/2021

Jacqueline Nicole Azis, Esq.

ACLU Foundation of Florida

4023 N. Armenia Ave, Suite 450

Tampa, FL 33607

Bar No.: 101057

Tel: (786) 363-2708

jazis@aclufl.org

Daniel Tilley, Esq.

ACLU Foundation of Florida

4343 W. Flagler Street, Suite 400

Miami, FL 33134

Bar No.: 102882

Tel: (786) 363-2714

dtilley@aclufl.org

Curtis Filaroski, Esq.

Florida Bar No.: 111972

Kathryn Strobach, Esq.

Florida Bar No.: 670121

DISABILITY RIGHTS FLORIDA, INC.

1000 N. Ashley Drive, Suite 640

Tampa, FL 32308

Tel: (850) 488-9071

curtisf@disabilityrightsflorida.org

kathryns@disabilityrightsflorida.org

 

Michael R. Piper, Esq.

Christopher J. Stearns, Esq.

JOHNSON, ANSELMO, MURDOCH,

BURKE, PIPER & HOCHMAN, PA

Attorneys for Gregory Tony, as Sheriff of Broward County 

2455 E. Sunrise Boulevard, Suite 1000

Fort Lauderdale, Florida 33304

Tel: (954) 463-0100

Fax: (954) 463-2444

piper@jambg.com / stearns@jambg.com

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