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IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

GARY LEE SEYMOUR

DOC # T77153,

 Plaintiff,

v. Case No. 5:20-cv-214-TKW-MJF

RICKY DIXON, SECRETARY

OF THE FLORIDA DEPARTMENT

OF CORRECTIONS,

 Defendant.

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DEFENDANT’S PRE-TRIAL NARRATIVE1

In accordance with this Court’s Orders, see (Docs. 65, 89)

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, Ricky Dixon, 

Secretary of the Florida Department of Corrections (“Defendant”) hereby 

submits his Pre-Trial Narrative. The Narrative is as follows:

During the course of Plaintiff’s incarceration, starting in 2014, Plaintiff has 

been determined to have and treated in line with having a disability. Plaintiff’s 

relevant disability with regards to this case is his inability to walk and go to the 

1 Simultaneous to the filing of this Pre-Trial Narrative, Defendant will be asking for 

additional time to file his Witness and Exhibit Lists as additional time is required to 

prepare the documents.

2 Each document filed in this case as part of the Electronic Case File will be 

referenced as “Doc.” followed by the document number.

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bathroom on his own. Plaintiff is paraplegic and cannot walk. To best accommodate 

Plaintiff’s condition, Defendant has provided Plaintiff with diapers to best control 

the body waste which Plaintiff naturally produces.

During Plaintiff’s incarceration, Defendant has provided Plaintiff with a range 

of different diapers. The diapers Plaintiff has been provided with range from extrasmall youth-size diapers to more recently, adult small diapers. Due to Plaintiff’s 

various medical conditions, different size diapers have been provided at different 

times.

On one occasion in August 2022, pediatric-sized diapers were ordered for 

Plaintiff. However, Plaintiff has not been provided with pediatric-sized diapers. The 

pass which Plaintiff was provided with in August was cancelled within a couple of 

days of the issuance of the pass, and Plaintiff was not ever given pediatric diapers 

based on the pass. Plaintiff was given a new pass in September for extra-small youth 

diapers which was later further changed in December 2022 based on the issuance of 

a new pass. The December 2022 pass remains in effect to this day and will expire in 

December 2023. 

At this date and time, Plaintiff has been issued and wears adult small sized 

diapers. The reason for Plaintiff’s current diaper size is due to Plaintiff having put 

on weight and the new diaper size being appropriate for Plaintiff.

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The evidence expected to be introduced at trial involve Plaintiff’s medical 

history, a summary of Plaintiff’s medical history, testimony from medical 

professionals (doctors and nurses) who have treated Plaintiff, and a medical 

professional who will describe a summary of Plaintiff’s medical history. Plaintiff’s 

medical history and the medical professionals will confirm Plaintiff’s disability and 

will describe the accommodations, in the form of different sized diapers, that 

Plaintiff has been provided. The medical professionals will testify that Plaintiff’s 

receipt of different sized diapers is based on Plaintiff’s various levels of weight and 

size throughout his incarceration.

Respectfully submitted,

ASHLEY MOODY 

ATTORNEY GENERAL

Office of the Attorney General

The Capitol, PL-01

Tallahassee, Florida 32399-1050

Telephone: (850) 414-3300

Facsimile: (850) 488-4872

/s/ Erik Kverne

Erik Kverne

Assistant Attorney General

Florida Bar No. 99829

Erik.Kverne@myfloridalegal.com

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing 

Defendant’s Pre-Trial Narrative was e-filed electronically and served electronically

on Plaintiff’s counsel of record through CM/ECF on March 10, 2023.

/s Erik Kverne

Erik Kverne

Assistant Attorney General

Florida Bar No. 99829

Case 5:20-cv-00214-TKW-MJF Document 95 Filed 03/10/23 Page 4 of 4