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)

Murphy, Harold Lloyd (Georgia)

Attorneys(s) for Plaintiff

Bracken, Lawrence J. II (Georgia)

Geraghty, Sarah E. (Georgia)

Hollie, Atteeyah Eshe (Georgia)

Lott, Rhani Morris (Georgia)

Attorneys(s) for Defendant

Appel, Adam Lowell (Georgia)

Appelbaum, Eve Anne (Georgia)

Boyer, Matthew F. (Georgia)

Bryan, Marquetta Johnson (Georgia)

Busbee, Annarita M. (Georgia)

Judge(s)

Murphy, Harold Lloyd (Georgia)

Attorneys(s) for Plaintiff

Bracken, Lawrence J. II (Georgia)

Geraghty, Sarah E. (Georgia)

Hollie, Atteeyah Eshe (Georgia)

Lott, Rhani Morris (Georgia)

Attorneys(s) for Defendant

Appel, Adam Lowell (Georgia)

Appelbaum, Eve Anne (Georgia)

Boyer, Matthew F. (Georgia)

Bryan, Marquetta Johnson (Georgia)

Busbee, Annarita M. (Georgia)

Curry, Stephen E. (Georgia)

Hance, Holly (Georgia)

Harris, Frank Philips (Georgia)

LaVallee, Matthew R. (Georgia)

Meadows, Lauren E.H. (Georgia)

Orland, Devon (Georgia)

Richardson, Thomas F. (Georgia)

Seacrest, Gary L. (Georgia)

Seidel, Stacy Petroff (Georgia)

Shaw, Jeffrey Alexander (Georgia)

Teaster, Susan Elizabeth (Georgia)

Toreno, Vincent Aaron (Georgia)

Weaver, George M. (Georgia)

Will, David C. (Georgia)

Documents in the Clearinghouse

Document

Docket [PACER]

April 14, 2014 Docket
93

Complaint

July 12, 2011 Complaint
49

Order

Dec. 8, 2011 Order/Opinion

Press Release

No Court

Feb. 17, 2012 Press Release
52

Joint Stipulation of Dismissal

Feb. 17, 2012 Pleading / Motion / Brief
53

Stipulation of Dismissal

Nwakanma v.Clark

Feb. 23, 2012 Pleading / Motion / Brief

Resources

Title Description External URL

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
2

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)

July 11, 2011
1

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)

July 12, 2011
3

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

July 12, 2011
4

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

July 12, 2011
5

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

July 12, 2011
6

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

July 12, 2011
7

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

July 12, 2011
8

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

July 12, 2011
9

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

July 12, 2011
10

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

July 12, 2011
11

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

July 12, 2011
12

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

July 12, 2011
13

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

July 12, 2011
14

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

July 12, 2011
15

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)

July 13, 2011
16

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

July 14, 2011
17

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

July 14, 2011
18

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

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)

July 25, 2011
19

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

July 25, 2011
21

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)

July 26, 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)

July 27, 2011
22

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

July 28, 2011

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

July 28, 2011
23

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)

Aug. 2, 2011
24

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)

Aug. 3, 2011
25

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)

Aug. 3, 2011
26

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)

Sept. 6, 2011

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

Sept. 6, 2011
27

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

Sept. 7, 2011
28

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

Sept. 7, 2011
29

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)

Sept. 7, 2011
30

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)

Sept. 7, 2011
31

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)

Sept. 7, 2011
32

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)

Sept. 7, 2011
34

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)

Sept. 7, 2011
35

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

Sept. 7, 2011
36

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)

Sept. 7, 2011
37

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)

Sept. 7, 2011
38

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)

Sept. 23, 2011
39

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)

Sept. 23, 2011
40

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)

Oct. 6, 2011
41

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

Oct. 20, 2011
42

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)

Oct. 21, 2011
43

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

Nov. 1, 2011
44

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)

Nov. 3, 2011
45

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)

Nov. 3, 2011
46

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)

Nov. 22, 2011
47

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)

Nov. 22, 2011
48

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)

Dec. 7, 2011
49

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)

Dec. 8, 2011
50

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

Feb. 2, 2012
51

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)

Feb. 6, 2012
52

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)

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)

Feb. 17, 2012

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

Feb. 17, 2012
53

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)

Feb. 23, 2012
54

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

Feb. 29, 2012

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

Feb. 29, 2012
55

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)

Dec. 9, 2013

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

Dec. 10, 2013
56

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

Jan. 13, 2014
57

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)

Jan. 31, 2014

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

Jan. 31, 2014

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

April 14, 2014

State / Territory: Georgia

Case Type(s):

Prison Conditions

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

Georgia Department of Corrections, State

Defendant Type(s):

Corrections

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: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Assault/abuse by staff

Conditions of confinement

Disciplinary procedures

Excessive force

Race:

Black

White

Affected Gender:

Male

Type of Facility:

Government-run