Case: Prison Legal News v. Fulton County, GA

1:07-cv-02618 | U.S. District Court for the Northern District of Georgia

Filed Date: Oct. 22, 2007

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On October 22, 2007, the Prison Legal News (PLN) filed suit against Fulton County and its sheriffs under 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Georgia. It challenged the Fulton County Jail mail policy that barred prisoners' receipt of any and all books, magazines, and newspapers (other than religious publications). PLN claimed that the jail's policy violated the First Amendment and Fourteenth Amendment Due Process, as well as Georgia state law. PLN further cl…

On October 22, 2007, the Prison Legal News (PLN) filed suit against Fulton County and its sheriffs under 42 U.S.C. § 1983 in the U.S. District Court for the Northern District of Georgia. It challenged the Fulton County Jail mail policy that barred prisoners' receipt of any and all books, magazines, and newspapers (other than religious publications). PLN claimed that the jail's policy violated the First Amendment and Fourteenth Amendment Due Process, as well as Georgia state law. PLN further claimed that the mail policy had previously been declared unconstitutional in the case Daker v. Barrett, No. 1:00-CV-1065-RWS (N.D. Ga. July 22, 2002). PLN sought declaratory and injunctive relief, barring enforcement of the mail policy. The case was assigned to Judge Charles A. Pannell, Jr.

Fulton County denied that the mail policy was unconstitutional. On December 18, 2007, PLN moved for a preliminary injunction to enjoin the continued enforcement of the mail policy. Two days later, Fulton County Sheriff instituted a modified mail policy and claimed that the case was moot in light of the new policy.

After hearings on the motion, the court entered a preliminary injunction on February 4, 2008, enjoining enforcement of the old mail policy and requiring that the new mail policy remain in effect. Fulton County was also ordered to notify PLN of any changes made to the new mail policy. Under the new mail policy, the Jail permitted PLN subscriptions to be delivered to imprisoned subscribers.

On March 25, 2008, PLN filed an amended complaint to reflect the changes brought about by the preliminary injunction. The amended complaint refers to the mail policy originally at issue in the case as the former policy and requests declaratory and injunctive relief in the form of an order requiring the defendants to comply with the new, current policy as amended by the parties in settlement negotiations.

On September 2, 2008, the defendants filed a motion for summary judgment. The plaintiff filed a cross-motion for partial summary judgment with regard to the individual liability for nominal damages against the defendant sheriff, an agent of the county. On July 13, 2009, the court denied in part and granted in part the defendant’s motion for summary judgment: it granted the motion as to the injunctive and declaratory relief but denied the motion as it relates to damages against the sheriff in his individual capacity. The court denied PLN’s cross-motion for partial summary judgement.

After what can only be assumed to be settlement negotiations, on November 9, 2009, the court ordered a consent judgment, entering judgment on behalf of the plaintiff and against the defendant in an amont of $30,000. Later that month, PLN filed a motion for costs and fees that the court granted, awarding to the plaintiff $119,759.21. The case is closed.

On April 26, 2016, pursuant to the 2008 order, the defendant provided notice to the court to a proposed change to the mail policy whereby the prison would only allow post-card mailing in order to curtail the flow on contraband through the mailing system. On June 24, 2016, PLN filed a notice of objection to Fulton County’s unilateral change to the court ordered mail policy. The docket ends in January 2017. We do not know how this issue resolved.

Summary Authors

Dan Dalton (2/11/2008)

Jake Parker (5/23/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6319992/parties/prison-legal-news-v-fulton-county-ga/


Judge(s)

Pannell, Charles A. Jr. (Georgia)

Attorneys(s) for Plaintiff

Spears, George Brian (Georgia)

Weber, Gerald R. (Georgia)

Attorneys(s) for Defendant

Dancy, Rolesia Butler (Georgia)

McDonald, Nikisha L. (Georgia)

Nkumeh, Nwakaego Ijeoma (Georgia)

Okparaeke, Nwakaego Ijeoma (Georgia)

Rosenberg, Steven E. (Georgia)

Judge(s)

Pannell, Charles A. Jr. (Georgia)

Attorneys(s) for Plaintiff

Spears, George Brian (Georgia)

Weber, Gerald R. (Georgia)

Attorneys(s) for Defendant

Dancy, Rolesia Butler (Georgia)

McDonald, Nikisha L. (Georgia)

Nkumeh, Nwakaego Ijeoma (Georgia)

Okparaeke, Nwakaego Ijeoma (Georgia)

Rosenberg, Steven E. (Georgia)

Documents in the Clearinghouse

Document

1:07-cv-02618

Docket [PACER]

Jan. 24, 2017

Jan. 24, 2017

Docket
1

1:07-cv-02618

Complaint

Oct. 22, 2007

Oct. 22, 2007

Complaint
15

1:07-cv-02618

Minute Sheet for proceedings held In Open Court on 01/31/2008

Jan. 31, 2008

Jan. 31, 2008

Transcript
16

1:07-cv-02618

Order

Feb. 4, 2008

Feb. 4, 2008

Order/Opinion
21

1:07-cv-02618

Prison Legal News v. Fulton County - Amended Complaint

Prison Legal News v. Fulton County

March 25, 2008

March 25, 2008

Complaint
25

1:07-cv-02618

Joint Motion [and Attached Consent Order] Approving Proposed Changes to Fulton County Sheriff's Department Jail Bureau Policies and Procedures 3000-01

Prison Legal News v. Fulton County

May 14, 2008

May 14, 2008

Order/Opinion
73

1:07-cv-02618

Order

Prison Legal News v. Fulton County

July 13, 2009

July 13, 2009

Order/Opinion
83

1:07-cv-02618

Consent Judgment

Prison Legal News v. Fulton County

Nov. 9, 2009

Nov. 9, 2009

Order/Opinion
98

1:07-cv-02618

Order

Prison Legal News v. Fulton County

March 17, 2010

March 17, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6319992/prison-legal-news-v-fulton-county-ga/

Last updated July 23, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand filed and summon(s) issued. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350 receipt number 570542.), filed by Prison Legal News. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Summons # 5 Civil Cover Sheet)(ekb) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 10/23/2007)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Summons

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5 Civil Cover Sheet

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Oct. 22, 2007

Oct. 22, 2007

PACER
2

DOCUMENT FILING ERROR: Return of Service Executed by Prison Legal News. Fulton County, GA served. (Spears, George) Modified on 10/25/2007 to accurately reflect e-filed pleading - effectuation of service not shown on document (clk). (Entered: 10/24/2007)

Oct. 24, 2007

Oct. 24, 2007

PACER
3

DOCUMENT FILING ERROR: Return of Service Executed by Prison Legal News. Myron Freeman served. (Spears, George) Modified on 10/25/2007 to accurately reflect e-filed pleading - effectuation of service not shown on document (clk). (Entered: 10/24/2007)

Oct. 24, 2007

Oct. 24, 2007

PACER
4

ANSWER to 1 COMPLAINT by Fulton County, GA, Myron Freeman. Discovery ends on 4/11/2008.(Okparaeke, Nwakaego) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 11/13/2007)

Nov. 13, 2007

Nov. 13, 2007

PACER
5

Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by Prison Legal News, Fulton County, GA, Myron Freeman. (Spears, George) (Entered: 12/14/2007)

Dec. 14, 2007

Dec. 14, 2007

PACER
6

NOTICE by Prison Legal News re 1 Complaint, Declaration of Paul Wright Under Penalty of Perjury (Spears, George) (Entered: 12/17/2007)

Dec. 17, 2007

Dec. 17, 2007

PACER
7

ORDER APPROVING 5 Preliminary Report and Discovery Plan, proceed with discovery. Signed by Judge Charles A. Pannell, Jr on 12/17/2007. (adg) (Entered: 12/17/2007)

Dec. 17, 2007

Dec. 17, 2007

PACER
8

MOTION for Preliminary Injunction with Brief In Support by Prison Legal News. (Attachments: # 1 Brief in support of Motion)(Spears, George) (Entered: 12/18/2007)

1 Brief in support of Motion

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Dec. 18, 2007

Dec. 18, 2007

PACER
9

Consent MOTION for Extension of Time to File Response re: 8 MOTION for Preliminary Injunction by Fulton County, GA, Myron Freeman. (Okparaeke, Nwakaego) (Entered: 01/07/2008)

Jan. 7, 2008

Jan. 7, 2008

PACER
10

ORDER GRANTING 9 Motion for Extension of Time to respond to 8 MOTION for Preliminary Injunction. The defendants shall file a response to the plaintiffsmotion for preliminary injunction within 10 days from the date ofthis order. Signed by Judge Charles A. Pannell, Jr on 1/8/2008. (adg) Modified on 1/8/2008 to correct signature date (adg). (Entered: 01/08/2008)

Jan. 8, 2008

Jan. 8, 2008

PACER

Notification of Docket Correction re 10 Order on Motion for Extension of Time. Modified on 1/8/2008 to correct signature date. (adg)

Jan. 8, 2008

Jan. 8, 2008

PACER
11

RESPONSE in Opposition re 8 MOTION for Preliminary Injunction filed by Fulton County, GA, Myron Freeman. (Okparaeke, Nwakaego) (Entered: 01/17/2008)

Jan. 17, 2008

Jan. 17, 2008

PACER
12

REPLY BRIEF in Support re 8 MOTION for Preliminary Injunction filed by Prison Legal News. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit)(Spears, George) Modified on 1/24/2008 to correct docket text. (adg). (Entered: 01/23/2008)

1 Exhibit Exhibit A

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2 Exhibit Exhibit

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Jan. 23, 2008

Jan. 23, 2008

PACER

Notification of Docket Correction re 12 Response in Support of Motion. Modified on 1/24/2008 to correct docket text to accurately reflect e-filed document as a Reply Brief. (adg)

Jan. 24, 2008

Jan. 24, 2008

PACER

Submission of 8 MOTION for Preliminary Injunction, submitted to District Judge Charles A. Pannell. (adg)

Jan. 24, 2008

Jan. 24, 2008

PACER

NOTICE of Hearing on Motion re: 8 MOTION for Preliminary Injunction Motion Hearing set for 1/31/2007 09:30 AM in Courtroom 2307 before Judge Charles A. Pannell Jr.. (mam)

Jan. 28, 2008

Jan. 28, 2008

PACER
13

REPLY BRIEF re 8 MOTION for Preliminary Injunction (Supplement to) filed by Prison Legal News. (Attachments: # 1 Exhibit Exhibits)(Spears, George) (Entered: 01/29/2008)

1 Exhibit Exhibits

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Jan. 29, 2008

Jan. 29, 2008

PACER
14

NOTICE of Appearance by Rolesia Butler Dancy on behalf of Fulton County, GA, Myron Freeman (Dancy, Rolesia) (Entered: 01/31/2008)

Jan. 31, 2008

Jan. 31, 2008

PACER
15

Minute Entry for proceedings held before Judge Charles A. Pannell, Jr: Motion Hearing held on 1/31/2008 re 8 MOTION for Preliminary Injunction filed by Prison Legal News. Court heard from counsel. Dft Verbally moved for court orderedmediation. Court will not order mediation at this time, but will considerat a later date. Written order to follow. Hearing Concluded. (Court Reporter Martha Fructhey.)(adg) (Entered: 01/31/2008)

Jan. 31, 2008

Jan. 31, 2008

PACER
16

ORDER GRANTING 8 Motion for Preliminary Injunction. The defendants areHEREBY ENJOINED from the use of the old mail policy; the defendantsare REQUIRED to enforce the new mail policy; and the defendants areREQUIRED to notify the plaintiff and the court should it make anychange in the new mail policy.. Signed by Judge Charles A. Pannell, Jr on 2/4/2008. (adg) (Entered: 02/04/2008)

Feb. 4, 2008

Feb. 4, 2008

PACER
17

Notice for Leave of Absence for the following date(s): 03/27/08-04/01/08, 5/16/08-5/20/08, by George Brian Spears. (Spears, George) (Entered: 02/06/2008)

Feb. 6, 2008

Feb. 6, 2008

PACER
18

Joint Certificate of Interested Persons by Prison Legal News. (Weber, Gerald) (Entered: 02/16/2008)

Feb. 16, 2008

Feb. 16, 2008

PACER
19

Joint MOTION to Stay Discovery, Rule 26 Disclosures, and the Filing of an Amended Complaint by Prison Legal News, Fulton County, GA, Myron Freeman. (Okparaeke, Nwakaego) (Entered: 02/20/2008)

Feb. 20, 2008

Feb. 20, 2008

PACER
20

ORDER GRANTING 19 Motion to Stay discovery, Rule 26 disclosures, and the filing of anamended complaint. Signed by Judge Charles A. Pannell, Jr on 2/22/2008. (adg) (Entered: 02/22/2008)

Feb. 22, 2008

Feb. 22, 2008

PACER
21

First AMENDED COMPLAINT against all defendants, filed by Prison Legal News. (Attachments: # 1 Exhibit Exhibit "A")(Spears, George) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 03/25/2008)

1 Exhibit Exhibit "A"

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March 25, 2008

March 25, 2008

PACER
22

Amended ANSWER to 21 Amended Complaint by Fulton County, GA, Myron Freeman.(Okparaeke, Nwakaego) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 04/14/2008)

April 14, 2008

April 14, 2008

PACER
23

Initial Disclosures by Prison Legal News.(Spears, George) (Entered: 04/22/2008)

April 22, 2008

April 22, 2008

PACER
24

Notice for Leave of Absence for the following date(s): 6/23/08-7/3/08, by George Brian Spears. (Spears, George) (Entered: 04/28/2008)

April 28, 2008

April 28, 2008

PACER
25

Joint MOTION to Approve Consent Judgment for Changes to Fulton County Jail Mail Policy by Prison Legal News, Fulton County, GA, Myron Freeman. (Okparaeke, Nwakaego) (Entered: 05/09/2008)

May 9, 2008

May 9, 2008

RECAP
26

Initial Disclosures by Fulton County, GA, Myron Freeman.(Dancy, Rolesia) (Entered: 05/10/2008)

May 10, 2008

May 10, 2008

PACER
27

Consent MOTION for Extension of Time to Complete Discovery by Prison Legal News, Fulton County, GA, Myron Freeman. (Attachments: # 1 Text of Proposed Order Order)(Spears, George) (Entered: 05/12/2008)

1 Text of Proposed Order Order

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May 12, 2008

May 12, 2008

PACER
28

CERTIFICATE OF SERVICE of Discovery (First Interrogatories, Request to Produce and Request to Admit) by Prison Legal News.(Spears, George) (Entered: 05/12/2008)

May 12, 2008

May 12, 2008

PACER
29

CERTIFICATE OF SERVICE of discovery to Defendant Freeman (hand delivered on 5-13-08) by Prison Legal News.(Spears, George) (Entered: 05/14/2008)

May 14, 2008

May 14, 2008

PACER
30

ORDER granting 27 Motion for Extension of Time to Complete Discovery. Discovery ends on 7/9/2008.. Signed by Judge Charles A. Pannell, Jr on 5/14/2008. (adg) (Entered: 05/14/2008)

May 14, 2008

May 14, 2008

PACER
31

ORDER APPROVING 25 Joint Consent Order Approving Proposed Changes to Fulton County Sheriff's Department Jail Bureau Policies and Procedures 3000-01. Signed by Judge Charles A. Pannell, Jr on 5/14/2008. (adg) (Entered: 05/14/2008)

May 14, 2008

May 14, 2008

PACER
32

Notice for Leave of Absence for the following date(s): July 7-26, by Gerald R. Weber. (Weber, Gerald) (Entered: 05/21/2008)

May 21, 2008

May 21, 2008

PACER
33

CERTIFICATE OF SERVICE of Discovery to Plaintiff by Fulton County, GA, Myron Freeman.(Okparaeke, Nwakaego) (Entered: 06/03/2008)

June 3, 2008

June 3, 2008

PACER
34

CERTIFICATE OF SERVICE for Fulton County's Responses to Plaintiff's First Requests to Admit, Interrogatories, and Request for Production of Documents by Fulton County, GA.(Okparaeke, Nwakaego) (Entered: 06/11/2008)

June 11, 2008

June 11, 2008

PACER
35

CERTIFICATE OF SERVICE of Responses to Plaintiff's First Interrogtories, Requests for Admission, and Request for Production of Documents by Myron Freeman.(Okparaeke, Nwakaego) (Entered: 06/12/2008)

June 12, 2008

June 12, 2008

PACER
36

NOTICE to Take Deposition of Paul Wright filed by Fulton County, GA, Myron Freeman (Okparaeke, Nwakaego) (Entered: 06/17/2008)

June 17, 2008

June 17, 2008

PACER
37

CERTIFICATE OF SERVICE (Plaintiff's Responses to Defendants' First Interrogatories and Requests for Production) by Prison Legal News.(Spears, George) (Entered: 07/02/2008)

July 2, 2008

July 2, 2008

PACER
38

Consent MOTION for Discovery (Final Depositions and Schedule) by Prison Legal News. (Attachments: # 1 Text of Proposed Order (order))(Spears, George) (Entered: 07/09/2008)

1 Text of Proposed Order (order)

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July 9, 2008

July 9, 2008

PACER
39

CERTIFICATE OF SERVICE for Defendants' Supplemental Responses to Plaintiff's Request for Production of Documents by Fulton County, GA, Myron Freeman.(Okparaeke, Nwakaego) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

PACER
40

CERTIFICATE of Counsel (service of discovery) by George Brian Spears on behalf of Prison Legal News (Spears, George) (Entered: 07/10/2008)

July 10, 2008

July 10, 2008

PACER
41

CONSENT ORDER GRANTING 38 Motion Regarding Final Depositions and Schedule. Plaintiff is permitted to conduct the depositions of Major Banner and former Detention Officer Hester by on or before 7/23/2008; dispositive motions, if any, are to be filed not later than 8/20/2008; if no dispositive motions are filed by 8/20/2008, the parties shall file a consolidated proposed pretrial order with the Court by 8/30/2008; If a dispositive motion is filed by either party, then the parties are to file their consolidated proposed pretrial order by not later than thirty days following the entry of the Court's order. Signed by Judge Charles A. Pannell, Jr on 7/10/2008. (adg) (Entered: 07/11/2008)

July 10, 2008

July 10, 2008

PACER
42

CERTIFICATE OF SERVICE (interrogatory supplement) by Prison Legal News.(Spears, George) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

PACER
43

Consent MOTION for Extension of Time file dispositive motions by Prison Legal News. (Attachments: # 1 Text of Proposed Order proposed order)(Spears, George) (Entered: 08/19/2008)

1 Text of Proposed Order proposed order

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Aug. 19, 2008

Aug. 19, 2008

PACER
44

ORDER GRANTING 43 Motion for Extension of Time for filing dispositive motions to 8/30/2008. Signed by Judge Charles A. Pannell, Jr on 8/20/2008. (adg) (Entered: 08/20/2008)

Aug. 20, 2008

Aug. 20, 2008

PACER
45

MOTION for Leave to File Excess Pages for Defendants' Motion for Summary Judgment by Fulton County, GA, Myron Freeman. (Okparaeke, Nwakaego) (Entered: 08/22/2008)

Aug. 22, 2008

Aug. 22, 2008

PACER
46

PROPOSED ORDER on Defendants' Motion to Exceed Page Limitation re: 45 MOTION for Leave to File Excess Pages for Defendants' Motion for Summary Judgment. (Okparaeke, Nwakaego) (Entered: 08/25/2008)

Aug. 25, 2008

Aug. 25, 2008

PACER
47

ORDER GRANTING 45 Motion for Leave to File Excess Pages. Signed by Judge Charles A. Pannell, Jr on 8/26/2008. (adg) (Entered: 08/26/2008)

Aug. 26, 2008

Aug. 26, 2008

PACER
48

NOTICE Of Filing Original Discovery by Prison Legal News (Attachments: # 1 Exhibit Banner deposition, # 2 Exhibit Banner exhibits, # 3 Exhibit Burkett deposition, # 4 Exhibit Freeman deposition, # 5 Exhibit Freeman exhibits 1, # 6 Exhibit Freeman exhibits 2, # 7 Exhibit Hester deposition, # 8 Exhibit Hester exhibits, # 9 Exhibit Simmons deposition, # 10 Exhibit Thomas deposition, # 11 Exhibit Thomas exhibits 1, # 12 Exhibit Thomas exhibits 2, # 13 Exhibit Fulton County Response to Request to Produce, # 14 Exhibit Fulton County Response to Request to Admit, # 15 Exhibit Fulton County Response to Interrogatories, # 16 Exhibit Freeman's Response to Request to Produce, # 17 Exhibit Freeman Response to Request to Admit, # 18 Exhibit Freeman's Response to Interrogatories)(Spears, George) Modified on 8/29/2008 to correct docket text (adg). (Entered: 08/27/2008)

1 Exhibit Banner deposition

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2 Exhibit Banner exhibits

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3 Exhibit Burkett deposition

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4 Exhibit Freeman deposition

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5 Exhibit Freeman exhibits 1

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6 Exhibit Freeman exhibits 2

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7 Exhibit Hester deposition

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8 Exhibit Hester exhibits

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9 Exhibit Simmons deposition

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10 Exhibit Thomas deposition

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11 Exhibit Thomas exhibits 1

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12 Exhibit Thomas exhibits 2

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13 Exhibit Fulton County Response to Request to Produce

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14 Exhibit Fulton County Response to Request to Admit

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15 Exhibit Fulton County Response to Interrogatories

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16 Exhibit Freeman's Response to Request to Produce

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17 Exhibit Freeman Response to Request to Admit

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18 Exhibit Freeman's Response to Interrogatories

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Aug. 27, 2008

Aug. 27, 2008

PACER

Notification of Docket Correction re 48 Notice of Filing. Modified on 8/29/2008 to correct docket text to accurately reflect e-filed document as a Notice of Filing Original Discovery. (adg)

Aug. 29, 2008

Aug. 29, 2008

PACER
49

NOTICE Of Filing Original Discovery by Fulton County, GA, Myron Freeman (Okparaeke, Nwakaego) (Entered: 08/29/2008)

Aug. 29, 2008

Aug. 29, 2008

PACER
51

DEPOSITION of PAUL WRIGHT taken on June 25, 2008 by Fulton County, GA, Myron Freeman.(adg) (Entered: 09/02/2008)

Aug. 29, 2008

Aug. 29, 2008

PACER
50

MOTION for Partial Summary Judgment on Individual Liability for at Least Nominal Damages with Brief In Support by Prison Legal News. (Attachments: # 1 Brief in Support of Partial Summary Judgment, # 2 Statement of Material Facts SMF in support, # 3 Affidavit (Greathouse), # 4 Affidavit (Robinson), # 5 Affidavit (Wright), # 6 Affidavit (Robertson))(Spears, George) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified on 9/3/2008 to correct docket text (adg). (Entered: 09/02/2008)

1 Brief in Support of Partial Summary Judgment

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2 Statement of Material Facts SMF in support

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3 Affidavit (Greathouse)

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4 Affidavit (Robinson)

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5 Affidavit (Wright)

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6 Affidavit (Robertson)

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Sept. 2, 2008

Sept. 2, 2008

PACER
52

MOTION for Summary Judgment with Brief In Support by Fulton County, GA, Myron Freeman. (Attachments: # 1 Statement of Material Facts, # 2 Brief)(Okparaeke, Nwakaego) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 09/02/2008)

1 Statement of Material Facts

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2 Brief

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Sept. 2, 2008

Sept. 2, 2008

PACER
53

Amended Initial Disclosures by Fulton County, GA, Myron Freeman.(Okparaeke, Nwakaego) (Entered: 09/03/2008)

Sept. 3, 2008

Sept. 3, 2008

PACER
54

ORDER, the court has received the attached correspondence and enters this order for the purpose of including this correspondence on the record. Signed by Judge Charles A. Pannell, Jr on 9/8/2008. (adg) (Entered: 09/09/2008)

Sept. 8, 2008

Sept. 8, 2008

PACER
55

RESPONSE re 52 MOTION for Summary Judgment filed by Prison Legal News. (Spears, George) (Entered: 09/22/2008)

Sept. 22, 2008

Sept. 22, 2008

PACER
56

Statement of Material Facts re 52 MOTION for Summary Judgment (Contested Material Facts) filed by Prison Legal News. (Attachments: # 1 Exhibit exhibits)(Spears, George) (Entered: 09/22/2008)

1 Exhibit exhibits

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Sept. 22, 2008

Sept. 22, 2008

PACER
57

Response to Statement of Material Facts re 52 MOTION for Summary Judgment filed by Prison Legal News. (Attachments: # 1 Exhibit exhibits)(Spears, George) (Entered: 09/22/2008)

1 Exhibit exhibits

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Sept. 22, 2008

Sept. 22, 2008

PACER
58

RESPONSE in Opposition re 50 MOTION for Partial Summary Judgment on Individual Liability for at Least Nominal Damages filed by Fulton County, GA, Myron Freeman. (Okparaeke, Nwakaego) (Entered: 09/22/2008)

Sept. 22, 2008

Sept. 22, 2008

PACER
59

Response to Statement of Material Facts re 50 MOTION for Partial Summary Judgment on Individual Liability for at Least Nominal Damages filed by Fulton County, GA, Myron Freeman. (Okparaeke, Nwakaego) (Entered: 09/22/2008)

Sept. 22, 2008

Sept. 22, 2008

PACER
60

Statement of Material Facts re 50 MOTION for Partial Summary Judgment on Individual Liability for at Least Nominal Damages filed by Fulton County, GA, Myron Freeman. (Okparaeke, Nwakaego) (Entered: 09/22/2008)

Sept. 22, 2008

Sept. 22, 2008

PACER
61

Notice for Leave of Absence for the following date(s): 10/15/08-10/17/08; 10/24/08-10/27/08; 11/3/08-11/4/08; 12/11/08-12/12/08; 12/30/08-1/6/09, by George Brian Spears. (Spears, George) (Entered: 09/24/2008)

Sept. 24, 2008

Sept. 24, 2008

PACER
62

REPLY BRIEF re 50 MOTION for Partial Summary Judgment on Individual Liability for at Least Nominal Damages filed by Prison Legal News. (Spears, George) (Entered: 10/09/2008)

Oct. 9, 2008

Oct. 9, 2008

PACER
63

CERTIFICATE OF SERVICE for Supplemental Responses to Plaintiff's First Request for Production of Documents by Fulton County, GA, Myron Freeman.(Okparaeke, Nwakaego) (Entered: 10/09/2008)

Oct. 9, 2008

Oct. 9, 2008

PACER
64

NOTICE by Fulton County, GA, Myron Freeman re 54 Order regarding David Robertson's 9/4/08 Letter to the Court (Attachments: # 1 Affidavit Chief Edward McNeil)(Okparaeke, Nwakaego) (Entered: 10/09/2008)

1 Affidavit Chief Edward McNeil

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Oct. 9, 2008

Oct. 9, 2008

PACER

Submission of 50 MOTION for Partial Summary Judgment on Individual Liability for at Least Nominal Damages, submitted to District Judge Charles A. Pannell. (ank)

Oct. 10, 2008

Oct. 10, 2008

PACER

Submission of 52 MOTION for Summary Judgment, submitted to District Judge Charles A. Pannell. (adg)

Oct. 14, 2008

Oct. 14, 2008

PACER
65

Notice for Leave of Absence for the following date(s): 3/20-3/21/2009; 3/27-3/28/2009; 4/16-4/19/2009; 5/17-5/20/2009; 7/10-7/13/2009, by George Brian Spears. (Spears, George) (Entered: 01/19/2009)

Jan. 19, 2009

Jan. 19, 2009

PACER
66

Certification of Consent to Substitution of Counsel. Nikisha L. McDonald replacing attorney Nwakaego Ijeoma Okparaeke. (McDonald, Nikisha) (Entered: 02/04/2009)

Feb. 4, 2009

Feb. 4, 2009

PACER
67

NOTICE of Filing (Supplemental Authority) re 50 MOTION for Partial Summary Judgment on Individual Liability for at Least Nominal Damages, 52 MOTION for Summary Judgment by Prison Legal News (Attachments: # 1 Supplement (Bonner v. Outlaw, 8th Circuit Decision))(Weber, Gerald) Modified on 2/10/2009 to correct docket text (gar). (Entered: 02/09/2009)

1 Supplement (Bonner v. Outlaw, 8th Circuit Decision)

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Feb. 9, 2009

Feb. 9, 2009

PACER
68

Notice for Leave of Absence for the following date(s): 3/5-3/6/09, by George Brian Spears. (Spears, George) (Entered: 02/12/2009)

Feb. 12, 2009

Feb. 12, 2009

PACER
69

Certification of Consent to Substitution of Counsel. Steven E. Rosenberg replacing attorney Rolesia Butler Dancy. (Rosenberg, Steven) (Entered: 03/02/2009)

March 2, 2009

March 2, 2009

PACER
70

NOTICE by Prison Legal News (Substitution of Sheriff-Defendant) (Weber, Gerald) (Entered: 03/30/2009)

March 30, 2009

March 30, 2009

PACER
71

NOTICE of Second Notice of Supplemental Authority re 50 MOTION for Partial Summary Judgment, by Prison Legal News (Attachments: # 1 Exhibit)(Spears, George) Modified on 6/10/2009 to add document link (rvb). (Entered: 06/09/2009)

1 Exhibit

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June 9, 2009

June 9, 2009

PACER
72

Notice for Leave of Absence for the following date(s): 7/31/09-8/3/09, 8/6/09-8/7/09, 8/28/09-9/2/09, 9/18/09-9/21/09, 10/2/09-10/6/09, 10/15/09-10/20/09, 10/23/09, 11/4/09-11/9/09, 11/20/09-11/23/09, by George Brian Spears. (Spears, George) Modified on 6/22/2009 to clarify dates (rvb). (Entered: 06/19/2009)

June 19, 2009

June 19, 2009

PACER
73

ORDER granting in part and denying in part Defendants' 52 Motion for Summary Judgment. Defendants' motion for summary judgment is GRANTED as to Plaintiff's claim for injunctive and declaratory relief and claims against Fulton County and Freeman in his official capacity. Defendants' motion for summary judgment is DENIED as to Plaintiff's claims for compensatory, nominal, and punitive damages against Freeman in his individual capacity as Fulton County Sheriff. Plaintiff's 50 Motion for Partial Summary Judgment is DENIED. This action will be scheduled for trial after the court receives the parties' pretrial order. The parties are ORDERED to submit their proposed pretrial orders within 20 days of the date of this order. Signed by Judge Charles A. Pannell, Jr on 07/13/2009. (rvb) (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

PACER
74

DOCUMENT FILING ERROR MOTION for Clarification re: 73 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment And/or Reconsideration by Prison Legal News. (Spears, George) Modified on 7/22/2009 (rvb). (Entered: 07/21/2009)

July 21, 2009

July 21, 2009

PACER
75

MOTION for Order for Court Ordered Mediation by Prison Legal News. (Attachments: # 1 Text of Proposed Order)(Spears, George) (Entered: 07/21/2009)

1 Text of Proposed Order

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July 21, 2009

July 21, 2009

PACER
76

REDOCKETED #74 MOTION AS MOTION for Clarification and/or MOTION for Reconsideration re 73 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment. by Prison Legal News. (rvb) (Entered: 07/22/2009)

July 21, 2009

July 21, 2009

PACER
77

RESPONSE re 76 MOTION for Clarification re: 73 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, filed by Myron Freeman. (McDonald, Nikisha) Modified on 7/29/2009 to delete duplicative text (rvb). (Entered: 07/28/2009)

July 28, 2009

July 28, 2009

PACER
78

RESPONSE re 75 MOTION for Order Court Ordered Mediation filed by Myron Freeman. (McDonald, Nikisha) (Entered: 07/28/2009)

July 28, 2009

July 28, 2009

PACER
79

Consent MOTION for Extension of Time to Submit Pretrial Order and for Court Ordered Mediation by Myron Freeman. (McDonald, Nikisha) (Entered: 07/29/2009)

July 29, 2009

July 29, 2009

PACER
80

ORDER granting 79 Motion for Order for Mediation and for Extension of Time to Submit Pretrial Order. The parties are hereby ORDERED to participate in non-binding mediation through a method of their mutual choosing and agreement by no later than 09/15/2009 and to report the outcome of the mediation by no later than 09/25/2009. It is further ORDERED that the time within which the parties are to submit their proposed pretrial order, in the event that mediation is not successful, has been extended to 10/15/2009. Signed by Judge Charles A. Pannell, Jr on 07/30/2009. (rvb) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

PACER
81

JOINT RESPONSE re 80 Order for Mediation filed by Theodore Jackson, Fulton County, GA, Myron Freeman. (Rosenberg, Steven) Modified on 10/1/2009 to correct docket text (adg). (Entered: 09/25/2009)

Sept. 25, 2009

Sept. 25, 2009

PACER

Submission of 76 MOTION for Clarification and/or MOTION for Reconsideration re 73 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment, submitted to District Judge Charles A. Pannell. (adg)

Oct. 8, 2009

Oct. 8, 2009

PACER
82

PROPOSED CONSENT ORDER Consent Judgment. (Rosenberg, Steven) (Entered: 11/06/2009)

Nov. 6, 2009

Nov. 6, 2009

PACER
83

CONSENT JUDGMENT in favor of the Plaintiff against the Defendants in the amount of $30,000.00. Signed by Judge Charles A. Pannell, Jr on 11/9/2009. (adg) (Entered: 11/09/2009)

Nov. 9, 2009

Nov. 9, 2009

PACER

Civil Case Terminated. (adg)

Nov. 9, 2009

Nov. 9, 2009

PACER
84

BILL OF COSTS by Prison Legal News. (Spears, George) (Entered: 11/12/2009)

Nov. 12, 2009

Nov. 12, 2009

PACER
85

AFFIDAVIT re 84 Bill of Costs by Prison Legal News. (Spears, George) (Entered: 11/12/2009)

Nov. 12, 2009

Nov. 12, 2009

PACER
86

Costs Taxed in amount of $ 2,869.96 against Defendants (adg) (Entered: 11/18/2009)

Nov. 18, 2009

Nov. 18, 2009

PACER
87

MOTION for Costs and Fees by Prison Legal News. (Spears, George) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

PACER

Submission of 87 MOTION for Costs and Fees, submitted to District Judge Charles A. Pannell. (adg)

Dec. 17, 2009

Dec. 17, 2009

PACER
88

BRIEF in Support of 87 Motion for Costs and Fees with Brief In Support by Prison Legal News. (Spears, George) Modified on 12/29/2009 to correct docket text to accurately reflect e-filed pleading (rvb). (Entered: 12/18/2009)

Dec. 18, 2009

Dec. 18, 2009

PACER
89

DECLARATION of Brian Spears in Support re 87 MOTION for Costs and Fees by Prison Legal News. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B", # 3 Exhibit "C")(Spears, George) Modified on 12/29/2009 to correct document link and to correct docket text to accurately reflect e-filed pleading (rvb). (Entered: 12/18/2009)

1 Exhibit "A"

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2 Exhibit "B"

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3 Exhibit "C"

View on PACER

Dec. 18, 2009

Dec. 18, 2009

PACER
90

DECLARATION of Gerald Weber in Support re 87 MOTION for Costs and Fees by Prison Legal News. (Spears, George) Modified on 12/29/2009 to correct document link and to correct docket text to accurately reflect e-filed pleading (rvb). (Entered: 12/18/2009)

Dec. 18, 2009

Dec. 18, 2009

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Jail Conditions

Special Collection(s):

Prison Legal News

Key Dates

Filing Date: Oct. 22, 2007

Closing Date: 2010

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Prison Legal News

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Fulton County, GA (Fulton), County

Fulton County Sheriff (Fulton), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 115,093.20

Content of Injunction:

Preliminary relief granted

Issues

General:

Mail

Type of Facility:

Government-run