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TALLAHASSEE -- Attorney General Bob Butterworth today called for federal limits on frivolous prison inmate lawsuits and released his list of the most egregious cases ever filed in Florida.

Butterworth was joined by other state attorneys general from around the nation in urging the approval of pending federal legislation and releasing "Top 10" lists of frivolous lawsuits to illustrate the problem facing their states.

"Florida's 'Top 10' list may read like a David Letterman routine, but there's nothing funny about the impact of these cases," Butterworth said. "My office spends nearly $2 million a year defending the state against inmate suits, most of which contain ridiculous charges or demands."

Included on Butterworth's "Top 10" list are instances of inmates suing for extra pancakes, a better brand of sneakers and greater television program selections. In other cases, inmates have complained about finding gristle in a turkey leg, being required to eat off paper plates and being served reconstituted milk.

As the state's most frivolous suit, Butterworth cited a prisoner who first claimed his rights as a Muslim were violated because the prison put "essence of swine" in his food, then after that case was lost, converted to Satanism and sued to be issued tarot cards and doves' blood.

Earlier this year, Butterworth and the state's sheriffs and prosecutors unsuccessfully urged the Florida Legislature to approve a bill that would have made it more difficult for inmates to file frivolous lawsuits.

Federal legislation placing limits on such suits has been approved by the U.S. House of Representatives as part of a comprehensive crime package. Similar legislation has yet to be voted on in the Senate.

Under the pending federal legislation, inmates would be required to exhaust all available administrative remedies before filing civil rights actions. In addition, inmates who file suits and claim to be indigent could be assessed partial filing fees based upon a small percentage of the prior six months' balance in their trust accounts. Also, civil rights actions could be dismissed if an inmate's allegation of poverty is untrue or if the action is frivolous, malicious or fails to state a legally recognizable claim.


Attorney General Bob Butterworth's
Top 10 Frivolous Prison Inmate Lawsuits
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10) Prisoner claims discrimination because he was not given a Department of Corrections raincoat like other inmates. (Walker v. DOC)
9) Prisoner sues to be served fresh rather than reconstituted milk. (Gerteisen v. Bowers)
8) Prisoner sues for right to conduct martial arts sparring and full-contact fighting as part of his religion. (Gibson v. Miller)
7) Prisoner sues over being served three cheese sandwiches a day for one week while in disciplinary confinement. (Derks v. Perrin, Jr.)
6) Prisoner sues because he was required to eat off of a paper plate. (Procup v. Strickland, et al)
5) Prisoner who has filed more than 140 actions in state and federal court sues over finding gristle in his turkey leg. (Attwood v. Bowers)
4) Prisoner sues to be served fruit juice at meals and three pancakes instead of two. (Spradley v. Rathman)
3) Prisoner who murdered five people sues after lightning knocks out the prison's TV satellite dish and he must watch network programs which he says contain violence, profanity and other objectionable material. (Jackson v. Barton)
2) Prisoner sues to be given Reeboks, Adidas, Pony or Avia brand hightops rather than inferior brand sneakers issued by prison. (Brown v. Singletary)
1) Prisoner who lost a lawsuit claiming his rights as a Muslim were violated because the prison put "essence of swine" in his food announces his conversion to satanism and sues for tarot cards and doves' blood. (Marshall v. DOC)