Case: Mann v. Donald

7:08-cv-00005 | U.S. District Court for the Middle District of Georgia

Filed Date: Jan. 8, 2008

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On January 8, 2008, a group of inmates filed a class action civil rights lawsuit in the U.S. District Court for the Middle District of Georgia pursuant to 42 U.S.C. § 1983, alleging that officers with the Georgia Department of Corrections had engaged in a pattern and practice of systematically beating restrained inmates in violation of the Eighth Amendment of the Constitution, the civil rights laws of the United States and the Georgia Constitution and laws. Plaintiffs alleged that the beatings…

On January 8, 2008, a group of inmates filed a class action civil rights lawsuit in the U.S. District Court for the Middle District of Georgia pursuant to 42 U.S.C. § 1983, alleging that officers with the Georgia Department of Corrections had engaged in a pattern and practice of systematically beating restrained inmates in violation of the Eighth Amendment of the Constitution, the civil rights laws of the United States and the Georgia Constitution and laws. Plaintiffs alleged that the beatings and torture were afflicted primarily by members of CERT Team ("Correctional Emergency Response Team"). Plaintiffs were represented by private counsel and sought declaratory and injunctive relief, monetary damages and class certification.

On March 14, 2011, the Court (Judge Hugh Lawson) dismissed several claims pursuant to the defendants' motion to dismiss. The Court found that several of the prisoner plaintiffs failed to exhaust their administrative remedies. Additionally, several defendants were dismissed for failure to plead the claims in adequate detail, as required by Ashcroft v. Iqbal, 129 S.Ct. 1937.

On March 14, 2012, the Court severed the claims asserted by two of the plaintiffs pursuant to Rule 21, dismissed several more defendants, and set trial on the remaining claims for July 2012. On July 2, 2012, the plaintiffs stipulated to dismissal of the lawsuit.

Summary Authors

Dan Dalton (1/15/2008)

Christina Bonanni (10/27/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4986163/parties/mann-v-donald/


Judge(s)

Hodge, Richard L. (Georgia)

Lawson, Hugh (Georgia)

Attorneys(s) for Plaintiff

Stokes, McNeill (Georgia)

Attorneys(s) for Defendant

Hirsch, Michelle J. (Georgia)

Piper, Tina M (Georgia)

Judge(s)

Hodge, Richard L. (Georgia)

Lawson, Hugh (Georgia)

Attorneys(s) for Plaintiff

Stokes, McNeill (Georgia)

Attorneys(s) for Defendant

Hirsch, Michelle J. (Georgia)

Piper, Tina M (Georgia)

Documents in the Clearinghouse

Document

7:08-cv-00005

Docket [PACER]

April 16, 2013

April 16, 2013

Docket
2

7:08-cv-00005

Complaint - Class Action

Jan. 8, 2008

Jan. 8, 2008

Complaint
57

7:08-cv-00005

Appeal From the United States District Court for the Middle District of Georgia

U. S. Court of Appeals for the Eleventh Circuit

April 27, 2009

April 27, 2009

Order/Opinion
97

7:08-cv-00005

Order

2011 WL 867556

March 14, 2011

March 14, 2011

Order/Opinion
162

7:08-cv-00005

Order

March 14, 2012

March 14, 2012

Order/Opinion
172

7:08-cv-00005

Entry of Dismissal

April 17, 2013

April 17, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4986163/mann-v-donald/

Last updated Aug. 9, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
33

REPORT AND RECOMMENDATION re 18 MOTION to Dismiss Complaint filed by T. Brown, Sarah Draper, James Donald, Officer Shane, Warden Hart, Officer Page, Officer Snake, Albert Jones, Captain Morris, Officer Bates, Officer Cannon, Officer Powell, Rick J acobs, Deputy Warden McLaughlin, Officer Smith, Officer Radcliff, Officer Yancey, Lieutenant Maine, Jesse Howell, Sergeant Bond, Sharon Lewis. TO GRANT IN PART AND TO DENY IN PART. Objections to R&R due by 3/19/2009. Ordered by U.S. Mag. Judge Richard L. Hodge on 02/24/2009. (RLH)

Feb. 24, 2009

Feb. 24, 2009

RECAP
34

REPORT AND RECOMMENDATION re 27 MOTION Motion to Join as Plaintiffs Ellis Keel, Michael A. Walker, George C. Haskell, Andrew Hart, and Joseph Alan Greene and Motion to Join Additional Defendants re 1 Complaint,MOTION Motion to Join as Plaintiffs Ellis Keel, Michael A. Walker, George C. Haskell, Andrew Hart, and Joseph Alan Greene and Motion to Join Additional Defendants re 1 Complaint, filed by Pip Heng, Ronny N Askew, Astaniel Jarvis Mann, Shedrick D. Ross, Jodrph Daniel Fincher, Rickie Lee Fox, Elijah Adcock Objections to R&R due by 3/23/2009. Ordered by U.S. Mag. Judge Richard L. Hodge on 02/27/2009. (RLH)

Feb. 27, 2009

Feb. 27, 2009

RECAP
42

ORDER granting in part and denying in part 18 Motion to Dismiss; adopting Report and Recommendations re 33 Report and Recommendations; finding as moot 38 Motion for Leave to File Excess Pages; committed back to Magistrate Judge for further proceedings. Ordered by Judge Hugh Lawson on 3/25/2009. (nbp)

March 25, 2009

March 25, 2009

RECAP
43

ORDER granting 27 Motion ; adopting Report and Recommendations re 34 Report and Recommendations. Ordered by Judge Hugh Lawson on 3/25/2009. (nbp)

March 25, 2009

March 25, 2009

RECAP
49

ORDER denying 44 Motion for Reconsideration. Ordered by Judge Hugh Lawson on 4/1/2009. (nbp)

April 1, 2009

April 1, 2009

RECAP
62

REPORT AND RECOMMENDATION re 40 MOTION to Certify Class filed by Pip Heng, Ronny N Askew, Astaniel Jarvis Mann, Shedrick D. Ross, Jodrph Daniel Fincher, Rickie Lee Fox, Elijah Adcock, 54 MOTION for Leave to Proceed in forma pauperis filed by Alonzo Morefield, Jr Ordered by U.S. Mag. Judge G. Mallon Faircloth on 12/30/09. (GMF)

Dec. 30, 2009

Dec. 30, 2009

RECAP
68

ORDER denying 40 Motion to Certify Class; adopting Report and Recommendations re 62 Report and Recommendations.Ordered by Judge Hugh Lawson on 2/4/2010. (nbp)

Feb. 4, 2010

Feb. 4, 2010

RECAP
93

REPORT AND RECOMMENDATION re 74 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Officer Smith, 71 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by T. Brown, Sarah Draper, James Donald, Officer Williams, O fficer Proctor, Warden Hart, Albert Jones, Officer Lucas, Officer Powers, Lieutenant Riddall, Officer Cannon, Officer Jackson, Rick Jacobs, Deputy Warden McLaughlin, Officer Glynn, Officer Yancey, Lieutenant Maine, Jesse Howell, Officer Schnake, Sharon Lewis, 73 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Officer Radcliff. Ordered by US Mag Judge Thomas Q Langstaff on 01/25/2011. (asb)

Jan. 25, 2011

Jan. 25, 2011

RECAP
97

ORDER granting in part and denying in part 71 Motion to Dismiss; granting in part and denying in part 73 Motion to Dismiss; granting in part and denying in part 74 Motion to Dismiss; adopting with modifications 93 Report and Recommendations. Ordered by Judge Hugh Lawson on 3/14/2011. (nbp)

March 14, 2011

March 14, 2011

Clearinghouse
110

ORDER denying 107 Motion for Depositiion by Remote Means. Ordered by Judge Hugh Lawson on 5/17/2011. (nbp)

May 17, 2011

May 17, 2011

RECAP
119

ORDER directing parties to complete briefing on Motions to Sever and Motion to Bifurcate. Court will defer ruling on these motions until after ruling on any motions for summary judgment. Ordered by Judge Hugh Lawson on 6/23/2011. (nbp)

June 23, 2011

June 23, 2011

RECAP
152

ORDER staying case as to Defendant Powers. Case will move forward as to remaining parties. Ordered by Judge Hugh Lawson on 11/09/2011. (nbp)

Nov. 9, 2011

Nov. 9, 2011

RECAP
153

REPORT AND RECOMMENDATION to DENY 127 MOTION for Summary Judgment filed by Rodney Smith. Ordered by US Mag Judge Thomas Q Langstaff on 12/12/2011. (asb)

Dec. 12, 2011

Dec. 12, 2011

RECAP
154

REPORT AND RECOMMENDATION to GRANT 131 MOTION for Summary Judgment filed by Willie Ratliff. Ordered by US Mag Judge Thomas Q Langstaff on 12/12/2011. (asb)

Dec. 12, 2011

Dec. 12, 2011

RECAP
155

REPORT AND RECOMMENDATION to GRANT IN PART AND DENY IN PART 133 MOTION for Summary Judgment filed by Terry Brown, Joseph Schnake, Douglass Ridall, Andre Yancey, Jesse Howell, Sherman Maine, Jamie Powers. Ordered by US Mag Judge Thomas Q Langstaff on 12/12/2011. (asb)

Dec. 12, 2011

Dec. 12, 2011

RECAP
162

ORDER granting 116 Motion to Sever; finding as moot 116 Motion to Bifurcate; granting 117 Motion to Sever; granting 118 Motion to Sever; denying 127 Motion for Summary Judgment; granting 131 Motion for Summary Judgment; granting in part and denying in part 133 Motion for Summary Judgment; adopting 153 Report and Recommendations; adopting 154 Report and Recommendations; adopting 155 Report and Recommendations. Ordered by Judge Hugh Lawson on 3/14/2012. (nbp)

March 14, 2012

March 14, 2012

Clearinghouse
168

MOTION for Court Order for Production of Documents filed by Alonzo Morefield, Jr. (Attachments: # 1 Envelope)(rlw) (Entered: 02/15/2013)

Feb. 15, 2013

Feb. 15, 2013

PACER
169

ORDER denying 168 Motion for Court Order for Production of Documents. Ordered by Judge Hugh Lawson on 2/15/2013. (nbp) (Entered: 02/15/2013)

Feb. 15, 2013

Feb. 15, 2013

RECAP
170

NOTICE OF APPEAL as to 169 Order on Motion for Miscellaneous Relief by Alonzo Morefield, Jr. (Attachments: # 1 Envelope)(sbd) (Entered: 03/07/2013)

March 7, 2013

March 7, 2013

PACER

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: 169 Order on Motion for Miscellaneous Relief, 170 Notice of Appeal. Judge Appealed: Judge Lawson. Fee Paid: Not Paid. (sbd)

March 7, 2013

March 7, 2013

PACER
171

USCA PROCEDURAL LETTER to Appellant re 170 Notice of Appeal filed by Alonzo Morefield, Jr., USCA Case Number 13-11001-B re 170 Notice of Appeal filed by Alonzo Morefield, Jr. (sbd) (Entered: 03/13/2013)

March 13, 2013

March 13, 2013

PACER
172

MANDATE of USCA dismissing district court as to 170 Notice of Appeal filed by Alonzo Morefield, Jr. (Attachments: # 1 Transmittal Letter)(sbd) (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Prison Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 8, 2008

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All imates at the Valdosta State Prison and at other Georgia prisons who have been subjected to excessive force, summary punishment, or premeditated violence by being beaten while restrained by CERT Team Officers at Valdosta State Prison or other prisons

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Georgia Department of Corrections, State

Lowndes State Prison, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Assault/abuse by staff

Disciplinary segregation

Grievance Procedures

Personal injury

Restraints : physical

Sex w/ staff; sexual harassment by staff

Strip search policy

Discrimination-basis:

Race discrimination

Sex discrimination

Affected Gender:

Female

Male

Medical/Mental Health:

Medication, administration of

Mental health care, general

Type of Facility:

Government-run