Lawsuit Challenges Florida's $400,000 Prisoner Lien

SPLC and Public Justice sue the Florida Department of Corrections over a lien imposed on a homeless man with bipolar disorder.

Updated on Nov. 2, 2026 in Criminal Justice

Bold flat-color editorial illustration of a pale government building facade and flagpole under a flat sky, with palms at the edge, evoking institutional weight. — The Southern Poverty Law Center and Public Justice sued Florida's prison system on Tuesday over a $400,000 lien imposed on a homeless man with bipolar disorder who has not been convicted. AI Illustration. Upload story photo >

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The Southern Poverty Law Center and Public Justice filed a federal lawsuit in the U.S. District Court for the Northern District of Florida against the Florida Department of Corrections and Secretary Richard Comerford. The suit challenges a lien exceeding $400,000 imposed on Danny Johnson, who has bipolar disorder and is currently homeless with no income.

Why it matters

The lawsuit questions a practice in which the state imposes large liens on people accused of battery without a formal charge or conviction. Because the lien amount depends on sentence length rather than the alleged offense, it raises questions about fairness for people in state custody and their families.

The Florida Department of Corrections imposed a lien exceeding $400,000 on Danny Johnson, who was never formally charged or punished for the alleged battery, and a federal lawsuit challenging the lien was filed November 2, 2026. The court granted the FDC's earlier request for a lien eight days after it was filed, before Johnson could respond.

The players

Southern Poverty Law Center

A civil rights nonprofit known for litigation challenging discriminatory and unfair government practices across the United States.

Florida Department of Corrections

The state agency responsible for operating Florida's prisons and supervising people in state custody.

Richard Comerford

The Florida Department of Corrections secretary named as a defendant in the lawsuit.

The details

In late 2023, Johnson allegedly spat at an officer and was hospitalized for over four months afterward. The FDC has since requested a $50-per-day lien against his 22-year sentence and has imposed more than 900 such liens against people accused of battery since announcing the policy in 2022.

1994: Florida Civil Restitution Lien Act passed.
2022: FDC announced it would pursue liens against accused batterers.
Late 2023: FDC imposed the lien on Danny Johnson.
February 2025: FDC requested a $50-per-day lien from the sentencing court.
November 2, 2026: SPLC and Public Justice filed the federal lawsuit.

Legal Context

The lien practice draws on the Florida Civil Restitution Lien Act of 1994, which was designed to recover costs of incarceration from people in state custody. The lawsuit tests whether that statute can be applied to people accused of battery who were never formally charged or punished.

Florida residents with family members in state custody may face similar liens if the FDC expands this practice. The lawsuit's outcome could determine whether the state can impose such liens on people who were never convicted.

The takeaway

Lien policies tied to sentence length rather than conviction raise questions about due process for people in state custody. The federal court's eventual ruling will show how far the state can go in recovering incarceration costs from people who were never found guilty.