Case: Nwakanma v. Clark

4:11-cv-00188 | U.S. District Court for the Northern District of Georgia

Filed Date: July 12, 2011

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On July 12, 2011, prisoners in the custody of the Georgia Department of Corrections ("GDC") filed a lawsuit in the U.S. District Court for the Northern District of Georgia under 42 U.S.C. § 1983 against the state of Georgia. The plaintiffs, represented by the Southern Center for Human Rights and private counsel, asked the Court for compensatory and punitive damages and injunctive relief. Specifically, plaintiffs claimed that beatings inflicted upon them by correctional officers violated the Ei…

On July 12, 2011, prisoners in the custody of the Georgia Department of Corrections ("GDC") filed a lawsuit in the U.S. District Court for the Northern District of Georgia under 42 U.S.C. § 1983 against the state of Georgia. The plaintiffs, represented by the Southern Center for Human Rights and private counsel, asked the Court for compensatory and punitive damages and injunctive relief. Specifically, plaintiffs claimed that beatings inflicted upon them by correctional officers violated the Eighth and Fourteenth Amendments.

On August 12, 2010, members of the GDC assaulted the plaintiffs at Hays State Prison. The plaintiffs were beaten while handcuffed and did not offer any resistance or commit any act that justified the use of force. The plaintiffs were punched, stomped on, kicked in the groin and face, struck with a flashlight, and suffered injuries including fractured teeth, a facial injury requiring oral surgery, loss of consciousness, fractured toes, and neurological damage.

On February 23, 2012, the parties filed a stipulation of dismissal, voluntarily dismissing the case with prejudice. The parties settled outside of court. According to the plaintiffs' counsel's press release, the settlement was for $93,000 and specified medical care for the plaintiffs.

Summary Authors

Nate West (10/1/2014)

People


Judge(s)
Attorney for Plaintiff

Bracken, Lawrence J. II (Georgia)

Attorney for Defendant

Appel, Adam Lowell (Georgia)

Appelbaum, Eve Anne (Georgia)

Boyer, Matthew F. (Georgia)

Bryan, Marquetta Johnson (Georgia)

Documents in the Clearinghouse

Documents in this case

4:11-cv-00188

Docket [PACER]

April 14, 2014

April 14, 2014

Docket
93

4:11-cv-00188

Complaint

July 12, 2011

July 12, 2011

Complaint
49

4:11-cv-00188

Order

Dec. 8, 2011

Dec. 8, 2011

Order/Opinion

4:11-cv-00188

Press Release

No Court

Feb. 17, 2012

Feb. 17, 2012

Press Release
52

4:11-cv-00188

Joint Stipulation of Dismissal

Feb. 17, 2012

Feb. 17, 2012

Pleading / Motion / Brief
53

4:11-cv-00188

Stipulation of Dismissal

Nwakanma v.Clark

Feb. 23, 2012

Feb. 23, 2012

Pleading / Motion / Brief

Docket

Last updated March 23, 2025, 9:17 a.m.

ECF Number Date Description Link
2 July 11, 2011

CLERK FILED IN WRONG CASEORDER directing Plaintiff to Show Cause w/in 30 days of the docketing of this Order why this action should not be Dismissed for failure to prosecute. Signed by Judge Robert L. Vining, Jr. on 7/11/2011. (bjh) Modified on 7/12/2011 (bjh). (Entered: 07/12/2011)

PACER
1 July 12, 2011

COMPLAINT with Jury Demand filed by Plaintiffs. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. (Filing fee $350 receipt number 113E−3400647) (Attachment: # 1 Civil Cover Sheet)(bjh) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 07/12/2011)

PACER
3 July 12, 2011

Summons Issued as to Timothy Clark. (bjh) (Entered: 07/12/2011)

PACER
4 July 12, 2011

Summons Issued as to Sherman Davis. (bjh) (Entered: 07/12/2011)

PACER
5 July 12, 2011

Summons Issued as to Kenny Gilreath. (bjh) (Entered: 07/12/2011)

PACER
6 July 12, 2011

Summons Issued as to Jack Hamilton. (bjh) (Entered: 07/12/2011)

PACER
7 July 12, 2011

Summons Issued as to John Lyons. (bjh) (Entered: 07/12/2011)

PACER
8 July 12, 2011

Summons Issued as to Brian McNabb. (bjh) (Entered: 07/12/2011)

PACER
9 July 12, 2011

Summons Issued as to Brian McGathy. (bjh) (Entered: 07/12/2011)

PACER
10 July 12, 2011

Summons Issued as to Billy Porter. (bjh) (Entered: 07/12/2011)

PACER
11 July 12, 2011

Summons Issued as to Jayson Quarles. (bjh) (Entered: 07/12/2011)

PACER
12 July 12, 2011

Summons Issued as to Nicholas Souther. (bjh) (Entered: 07/12/2011)

PACER
13 July 12, 2011

Summons Issued as to Nick Stewart. (bjh) (Entered: 07/12/2011)

PACER
14 July 12, 2011

Summons Issued as to Kevin Wooten. (bjh) (Entered: 07/12/2011)

PACER
15 July 13, 2011

Corporate Disclosure Statement by Gregory Haines, Miracle Nwakanma, Cornelius Spencer, Eric Towns.(Bracken, Lawrence) Modified on 7/13/2011 to delete double wording (bjh). (Entered: 07/13/2011)

PACER
16 July 14, 2011

Clerks Notation re 15 Corporate Disclosure Statement signed on 7/14/2011 by Judge Harold L. Murphy. (bjh) (Entered: 07/14/2011)

PACER
17 July 14, 2011

NOTICE of Appearance by Sarah E. Geraghty on behalf of Gregory Haines, Miracle Nwakanma, Cornelius Spencer, Eric Towns (Geraghty, Sarah) (Entered: 07/14/2011)

PACER
18 July 25, 2011

Letter from Albert Thomas stating he is a witness re this complaint and requesting the address for Plaintiffs' Attorneys. (bjh) (Entered: 07/25/2011)

PACER
19 July 25, 2011

NOTICE of Appearance by Rhani Morris Lott on behalf of Gregory Haines, Miracle Nwakanma, Cornelius Spencer, Eric Towns (Lott, Rhani) (Entered: 07/25/2011)

PACER
July 25, 2011

Clerks Certificate of Mailing to Albert Thomas, a copy of the Docket Report that reflects Plaintiffs' Attorneys' addresses, re 18 Letter. (bjh) (Entered: 07/25/2011)

PACER
21 July 26, 2011

Joint MOTION for Extension of Time to File Answer to Complaint by Timothy Clark, Sherman Davis, Kenny Gilreath, Jack Hamilton, Billy Porter, Jayson Quarles, Nicholas Souther, Nick Stewart, Kevin Wooten. (Attachments: # 1 Text of Proposed Order)(Orland, Devon) (Entered: 07/26/2011)

PACER
July 27, 2011

ORAL ORDER granting 21 Joint Motion for Extension of Time to Answer. Timothy Clark Answer due 9/7/2011; Sherman Davis Answer due 9/7/2011; Kenny Gilreath Answer due 9/7/2011; Jack Hamilton Answer due 9/7/2011; Billy Porter Answer due 9/7/2011; Jayson Quarles Answer due 9/7/2011; Nicholas Souther Answer due 9/7/2011; Nick Stewart Answer due 9/7/2011; Kevin Wooten Answer due 9/7/2011. Entered by Magistrate Judge Walter E. Johnson on 7/27/11. (klb) (Entered: 07/27/2011)

PACER
22 July 28, 2011

Letter from Alonzo Moorefield, Jr. requesting copy of docket report. (bjh) (Entered: 07/28/2011)

PACER
July 28, 2011

Clerks Certificate of Mailing copy of docket report to Alonzo Moorefield, Jr. re 22 Letter. (bjh) (Entered: 07/28/2011)

PACER
23 Aug. 2, 2011

NOTICE Of Filing Proof of Service by Gregory Haines, Miracle Nwakanma, Cornelius Spencer, Eric Towns (Attachments: # 1 Exhibit A: Affidavits/Proof of Service)(Lott, Rhani) (Entered: 08/02/2011)

PACER
24 Aug. 3, 2011

Return of Service Executed by Gregory Haines, Miracle Nwakanma, Eric Towns, Cornelius Spencer. Timothy Clark served on 7/15/2011, answer due 9/7/2011; Sherman Davis served on 7/15/2011, answer due 9/7/2011; Kenny Gilreath served on 7/15/2011, answer due 9/7/2011; Jack Hamilton served on 7/15/2011, answer due 9/7/2011; Billy Porter served on 7/15/2011, answer due 9/7/2011; Jayson Quarles served on 7/15/2011, answer due 9/7/2011; Nicholas Souther served on 7/15/2011, answer due 9/7/2011; Nick Stewart served on 7/15/2011, answer due 9/7/2011. (Attachments: # 1 Exhibit A; July 15, 2011 Proofs of Service)(Lott, Rhani) (Entered: 08/03/2011)

PACER
25 Aug. 3, 2011

Return of Service Executed by Gregory Haines, Miracle Nwakanma, Eric Towns, Cornelius Spencer. Kevin Wooten served on 7/19/2011, answer due 9/7/2011. (Attachments: # 1 Exhibit A: July 19, 2011 Proof of Service)(Lott, Rhani) (Entered: 08/03/2011)

PACER
26 Sept. 6, 2011

ANSWER to 1 COMPLAINT with Jury Demand by Jayson Quarles.(Curry, Stephen) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/06/2011)

PACER
Sept. 6, 2011

Discovery ends on 2/6/2012. (rth) (Entered: 09/07/2011)

PACER
27 Sept. 7, 2011

NOTICE of Appearance by Adam Lowell Appel on behalf of Sherman Davis (Appel, Adam) (Entered: 09/07/2011)

PACER
28 Sept. 7, 2011

NOTICE of Appearance by Marquetta Johnson Bryan on behalf of Sherman Davis (Bryan, Marquetta) (Entered: 09/07/2011)

PACER
29 Sept. 7, 2011

ANSWER to 1 COMPLAINT with Jury Demand by Sherman Davis.(Appel, Adam) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/07/2011)

PACER
30 Sept. 7, 2011

ANSWER to 1 COMPLAINT with Jury Demand by Nick Stewart.(Weaver, George) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/07/2011)

PACER
31 Sept. 7, 2011

ANSWER to 1 COMPLAINT with Jury Demand and Defenses by Timothy Clark.(Teaster, Susan) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/07/2011)

PACER
32 Sept. 7, 2011

ANSWER to 1 COMPLAINT with Jury Demand by Kevin Wooten.(LaVallee, Matthew) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/07/2011)

PACER
34 Sept. 7, 2011

ANSWER to 1 COMPLAINT with Jury Demand by Kenny Gilreath.(Toreno, Vincent) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/07/2011)

PACER
35 Sept. 7, 2011

NOTICE of Appearance by Holly Hance on behalf of Nicholas Souther (Hance, Holly) (Entered: 09/07/2011)

PACER
36 Sept. 7, 2011

Defendant Billy Porter ANSWER to 1 COMPLAINT by Billy Porter.(Busbee, Annarita) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/07/2011)

PACER
37 Sept. 7, 2011

ANSWER to 1 COMPLAINT with Jury Demand by Jack Hamilton.(Harris, Frank) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/07/2011)

PACER
38 Sept. 23, 2011

Consent MOTION for Extension of Time Regarding Pretrial Deadlines by Gregory Haines, Miracle Nwakanma, Cornelius Spencer, Eric Towns. (Attachments: # 1 Text of Proposed Order Exhibit A)(Lott, Rhani) (Entered: 09/23/2011)

PACER
39 Sept. 23, 2011

ORDER granting 38 Consent Motion to Extend Pretrial Deadlines. The Court STAYS the parties obligations to comply with the deadlines for conducting the Rule 26(f) Conference, serving Initial disclosures and filing a Joint Preliminary Report and Discovery plan through and including November 7, 2011. Signed by Magistrate Judge Walter E. Johnson on 9/23/11. (klb) (Entered: 09/23/2011)

PACER
40 Oct. 6, 2011

WAIVER OF SERVICE Returned Executed by Gregory Haines, Miracle Nwakanma, Eric Towns, Cornelius Spencer. Brian McGathy waiver mailed on 9/23/2011, answer due 11/22/2011. (Bracken, Lawrence) (Entered: 10/06/2011)

PACER
41 Oct. 20, 2011

NOTICE of Appearance by Eve Anne Appelbaum on behalf of Brian McNabb (Appelbaum, Eve) (Entered: 10/20/2011)

PACER
42 Oct. 21, 2011

WAIVER OF SERVICE Returned Executed by Gregory Haines, Miracle Nwakanma, Eric Towns, Cornelius Spencer. Brian McNabb waiver mailed on 9/23/2011, answer due 11/22/2011. (Bracken, Lawrence) (Entered: 10/21/2011)

PACER
43 Nov. 1, 2011

Summons Reissued as to John Lyons. (bjh) (Entered: 11/01/2011)

PACER
44 Nov. 3, 2011

Consent MOTION for Extension of Time of Pretrial Deadlines by Gregory Haines, Miracle Nwakanma, Cornelius Spencer, Eric Towns. (Attachments: # 1 Exhibit A− Proposed Order)(Lott, Rhani) (Entered: 11/03/2011)

PACER
45 Nov. 3, 2011

ORDER − the Court hereby GRANTS the Plaintiffs Consent Motion to Extend Pretrial Deadlines. The Court STAYS the parties obligations to comply with the deadlines for conducting the Rule 26(f) Conference, serving Initial disclosures and filing a Joint Preliminary Report and Discovery plan through and including December 7, 2011. Signed by Magistrate Judge Walter E. Johnson on 11/3/11. (klb) (Entered: 11/03/2011)

PACER
46 Nov. 22, 2011

ANSWER to 1 COMPLAINT with Jury Demand by Brian McNabb.(Appelbaum, Eve) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 11/22/2011)

PACER
47 Nov. 22, 2011

ANSWER to 1 COMPLAINT with Jury Demand by Brian McGathy.(Seacrest, Gary) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 11/22/2011)

PACER
48 Dec. 7, 2011

Consent MOTION for Extension of Time To Continue Pretrial Deadlines by Timothy Clark, Sherman Davis, Kenny Gilreath, Jack Hamilton, Billy Porter, Jayson Quarles, Nicholas Souther, Nick Stewart, Kevin Wooten. (Attachments: # 1 Text of Proposed Order)(Orland, Devon) Modified on 12/8/2011 to edit text to reflect pdf (bjh). (Entered: 12/07/2011)

PACER
49 Dec. 8, 2011

ORDER Granting 48 Consent Motion for Extension of Time for all deadlines until and including 2/7/2012. Signed by Judge Harold L. Murphy on 12/8/11. (bjh)

PACER
50 Feb. 2, 2012

NOTICE of Change of Address for Matthew R. LaVallee, counsel for Kevin Wooten (LaVallee, Matthew) (Entered: 02/02/2012)

PACER
51 Feb. 6, 2012

Consent MOTION for Extension of Time To Extend Pretrial Deadlines by Gregory Haines, Miracle Nwakanma, Cornelius Spencer, Eric Towns. (Attachments: # 1 Text of Proposed Order)(Lott, Rhani) (Entered: 02/06/2012)

PACER
52 Feb. 17, 2012

STIPULATION of Dismissal [JOINT] by Timothy Clark, Sherman Davis, Kenny Gilreath, Gregory Haines, Jack Hamilton, John Lyons, Brian McGathy, Brian McNabb, Miracle Nwakanma, Billy Porter, Jayson Quarles, Nicholas Souther, Cornelius Spencer, Nick Stewart, Eric Towns, Kevin Wooten. (Lott, Rhani) (Entered: 02/17/2012)

PACER
Feb. 17, 2012

Clerk's Entry of Dismissal APPROVING 52 Stipulation of Dismissal with Prejudice, pursuant to Fed.R.Civ.P.41(a)(1)(ii). (bjh) (Entered: 02/21/2012)

PACER
Feb. 17, 2012

Civil Case Terminated. Magistrate Judge Walter E. Johnson terminated from case. (bjh) (Entered: 02/21/2012)

PACER
53 Feb. 23, 2012

STIPULATION of Dismissal [JOINT] by Timothy Clark, Sherman Davis, Kenny Gilreath, Gregory Haines, Jack Hamilton, John Lyons, Brian McGathy, Brian McNabb, Miracle Nwakanma, Billy Porter, Jayson Quarles, Nicholas Souther, Cornelius Spencer, Nick Stewart, Eric Towns, Kevin Wooten. (Geraghty, Sarah) (Entered: 02/23/2012)

PACER
54 Feb. 29, 2012

Letter from Alonzo Moorefield, Jr. requesting copy of complaint and docket report. (bjh) (Entered: 02/29/2012)

PACER
Feb. 29, 2012

Clerks Certificate of Mailing to Alonzo Moorefield, Jr. re 1 Complaint and docket report. (bjh) (Entered: 02/29/2012)

PACER
55 Dec. 9, 2013

ORDER: On December 9, 2013, the Court received the attached communication from Albert Thomas, titled "Motion for Relief Judgment or Order and Contempt." Mr. Thomas was not a party to the Complaint in this action, and the Complaint was not a class action complaint. (See generally Complaint (Docket Entry No.1).) Further, the Court never granted leave to Mr. Thomas to be a party Plaintiff in this action. (See generally Docket.) As such, Mr. Thomas cannot file Motions or seek relief in this case. In any event, the relief that Mr. Thomas seeks has nothing to do with the matters alleged in the Complaint. Finally, to the extent that Mr. Thomas challenges rulings by Senior United States District Judge J. Owen Forrester in Thomas v. Georgia State Board of Pardons and Paroles, Civil Action No.1 :96−CV−0527 −JOF, Mr. Thomas must file his challenges in that case, not in the instant action. Moreover, this Court lacks authority to review Judge Forrester's rulings. The Court consequently will not grant the relief requested by Mr. Thomas. ACCORDINGLY, the Court DIRECTS the Clerk to make the attached communication a part of the record in this case. Signed by Judge Harold L. Murphy on 12/9/13. (Attachment: # 1 Letter/Attachment)(bjh) (Entered: 12/10/2013)

PACER
Dec. 10, 2013

Clerks Certificate of Mailing to Albert Thomas re 55 Order. (bjh) (Entered: 12/10/2013)

PACER
56 Jan. 13, 2014

MOTION for Relief Judgment, MOTION for Order Clarification by Albert Thomas. (Attachments: # 1 Attachments)(bjh) (Entered: 01/13/2014)

PACER
57 Jan. 31, 2014

ORDER Denying non−party Albert Thomas's 56 Motion for Relief from Judgment/Motion for Order Clarification. The Court DIRECTS Mr. Thomas to REFRAIN from filing future Motions in this case, as Mr. Thomas clearly is not entitled to seek relief in this action. The Court will direct the Clerk to strike any future filings that Mr. Thomas makes in this case. Signed by Judge Harold L. Murphy on 1/31/14. (bjh) (Entered: 01/31/2014)

PACER
Jan. 31, 2014

Clerks Certificate of Mailing to non−party Mr. Thomas re 57 Order. (bjh) (Entered: 01/31/2014)

PACER
April 14, 2014

Clerks Certificate of Mailing to Alonzo Moorefield, Jr. 53 Stipulation of Dismissal, 1 Complaint, and docket report. (bjh) (Entered: 04/14/2014)

PACER

Case Details

State / Territory:

Georgia

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 12, 2011

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were inmates at Hays State Prison who were severely beaten by correctional officers.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Center for Human Rights (SCHR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Georgia Department of Corrections

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Northern District of Georgia 4:11-cv-00188

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General/Misc.:

Conditions of confinement

Disciplinary procedures

Affected Race(s):

Black

White

Affected Sex/Gender(s):

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Policing:

Excessive force

Recommended Citation