Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Thank you!

DONATE

Case: Castro-Torres v. Lignitz

1:10-cv-02636 | U.S. District Court for the Northern District of Georgia

Filed Date: Aug. 21, 2010

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On August 21, 2010, a man of Hispanic origin filed a lawsuit in the U.S. District Court for the Northern District of Georgia under 42 U.S.C. § 1983 and state law, against the Cobb County Police Department. The plaintiff, represented by private counsel, alleged that the police stopped, searched, and arrested him without reasonable suspicion and probable cause, which violated his Fourth Amendment rights. The plaintiff alleged that the police used excessive force and that he was falsely imprisoned…

On August 21, 2010, a man of Hispanic origin filed a lawsuit in the U.S. District Court for the Northern District of Georgia under 42 U.S.C. § 1983 and state law, against the Cobb County Police Department. The plaintiff, represented by private counsel, alleged that the police stopped, searched, and arrested him without reasonable suspicion and probable cause, which violated his Fourth Amendment rights. The plaintiff alleged that the police used excessive force and that he was falsely imprisoned. He requested compensatory and punitive damages.

This case was filed after the defendants' arrest charges were dismissed. The background of the arrest is as follows:

Plaintiff was riding a bicycle in Cobb County on March 26, 2010. The defendants, sitting in a marked patrol car, allegedly stopped the plaintiff because they believed he was Hispanic and not a U.S. citizen. The defendants claimed that they stopped the plaintiff because he failed to yield to traffic. The plaintiff contended that the defendants broke his nose and left eye socket during questioning and arrest.

After the arrest, the plaintiff spent over four months in the Cobb County Jail on charges of misdemeanor grade obstruction or hindering law enforcement officers. At this time, the defendants lacked authority to enforce federal immigration law, but the county jail was authorized to process immigration violations pursuant to an agreement with U.S. Immigration and Customs Enforcement.

Contesting the arrest charges, the plaintiff filed a motion to suppress evidence by arguing that the defendants' stop and detention were unconstitutional. The motion was granted by the Cobb County State Court (Judge Progers) on August 10, 2010. All criminal charges by the defendants for arresting the plaintiff were dismissed and defendants declined to further pursue the charges. However, the plaintiff faced immigration proceedings due to the improper arrest by the defendants. Subsequently, the plaintiff filed this case to recover damages incurred from the dismissed arrest charges.

On May 10, 2011, the District Court (Judge Forrester) dismissed this case with prejudice based on a settlement submitted by the parties.

Summary Authors

David Cho (11/1/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4241583/parties/castro-torres-v-lignitz/


Judge(s)

Forrester, J. Owen (Georgia)

Attorneys(s) for Plaintiff

Brooke, Samuel (Alabama)

Realmuto, Trina (Massachusetts)

Shah, Paromita (Massachusetts)

Spears, George Brian (Georgia)

Turner, Andrew Hess (Alabama)

Werner, Daniel (Georgia)

Attorneys(s) for Defendant

Dance, Deborah L. (Georgia)

Rowling, Hugh W. Jr. (Georgia)

Shaw, Jeffrey Alexander (Georgia)

Judge(s)

Forrester, J. Owen (Georgia)

Attorneys(s) for Plaintiff

Brooke, Samuel (Alabama)

Realmuto, Trina (Massachusetts)

Shah, Paromita (Massachusetts)

Spears, George Brian (Georgia)

Turner, Andrew Hess (Alabama)

Werner, Daniel (Georgia)

Attorneys(s) for Defendant

Dance, Deborah L. (Georgia)

Rowling, Hugh W. Jr. (Georgia)

Shaw, Jeffrey Alexander (Georgia)

Weaver, George M. (Georgia)

Documents in the Clearinghouse

Document

1:10-cv-02636

Docket [PACER]

May 11, 2011

May 11, 2011

Docket
1

1:10-cv-02636

Complaint

Aug. 23, 2010

Aug. 23, 2010

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4241583/castro-torres-v-lignitz/

Last updated Nov. 28, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT, filed by Angel Francisco Castro-Torres; and Summon(s) issued. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350.00 receipt number 27554.) (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/24/2010)

Aug. 23, 2010

Aug. 23, 2010

RECAP
2

Certificate of Interested Persons by Angel Francisco Castro-Torres. (eop) (Entered: 08/24/2010)

Aug. 23, 2010

Aug. 23, 2010

PACER
3

APPLICATION for Admission of Andrew H. Turner Pro Hac Vice (Application fee $ 150, receipt number 113E-2865104)by Angel Francisco Castro-Torres. (Attachments: # 1 Text of Proposed Order)(Werner, Daniel) (Entered: 08/24/2010)

Aug. 24, 2010

Aug. 24, 2010

PACER
4

APPLICATION for Admission of Paromita Shah Pro Hac Vice (Application fee $ 150, receipt number 113E-2865216)by Angel Francisco Castro-Torres. (Attachments: # 1 Text of Proposed Order)(Werner, Daniel) (Entered: 08/24/2010)

Aug. 24, 2010

Aug. 24, 2010

PACER
5

APPLICATION for Admission of Sam Brooke Pro Hac Vice (Application fee $ 150, receipt number 113E-2865232)by Angel Francisco Castro-Torres. (Attachments: # 1 Text of Proposed Order)(Werner, Daniel) (Entered: 08/24/2010)

Aug. 24, 2010

Aug. 24, 2010

PACER
6

APPLICATION for Admission of Trina Realmuto Pro Hac Vice (Application fee $ 150, receipt number 113E-2865248)by Angel Francisco Castro-Torres. (Attachments: # 1 Text of Proposed Order)(Werner, Daniel) (Entered: 08/24/2010)

Aug. 24, 2010

Aug. 24, 2010

PACER

APPROVAL by Clerks Office re: 6 APPLICATION for Admission of Trina Realmuto Pro Hac Vice (Application fee $ 150, receipt number 113E-2865248), 4 APPLICATION for Admission of Paromita Shah Pro Hac Vice (Application fee $ 150, receipt number 113E-2865216), 3 APPLICATION for Admission of Andrew H. Turner Pro Hac Vice (Application fee $ 150, receipt number 113E-2865104), 5 APPLICATION for Admission of Sam Brooke Pro Hac Vice (Application fee $ 150, receipt number 113E-2865232). Attorney Trina Realmuto, Sam Brooke, Andrew H. Turner, Paromita Shah added appearing on behalf of Angel Francisco Castro-Torres (pb)

Aug. 26, 2010

Aug. 26, 2010

PACER

MINUTE ORDER by CRD granting Applications for Admission Pro Hac Vice 3, 4, 5 and 6 . (pah)

Aug. 31, 2010

Aug. 31, 2010

PACER
7

Return of Service Executed by Angel Francisco Castro-Torres. Brian J. Walraven served on 8/28/2010, answer due 9/20/2010. (Attachments: # 1 Certificate of Service)(Werner, Daniel) (Entered: 09/14/2010)

Sept. 14, 2010

Sept. 14, 2010

PACER
8

Return of Service Executed by Angel Francisco Castro-Torres. Jeremiah M. Lignitz served on 8/29/2010, answer due 9/20/2010. (Attachments: # 1 Certificate of Service)(Werner, Daniel) (Entered: 09/14/2010)

Sept. 14, 2010

Sept. 14, 2010

PACER
9

ANSWER to 1 COMPLAINT with Jury Demand by Jeremiah M. Lignitz, Brian J. Walraven. Discovery ends on 2/15/2011.(Weaver, George) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/18/2010)

Sept. 18, 2010

Sept. 18, 2010

PACER
10

Certificate of Interested Persons by Jeremiah M. Lignitz, Brian J. Walraven. (Weaver, George) (Entered: 09/18/2010)

Sept. 18, 2010

Sept. 18, 2010

PACER
11

NOTICE of Appearance by Hugh William Rowling, Jr on behalf of Jeremiah M. Lignitz, Brian J. Walraven (Rowling, Hugh) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

PACER
12

NOTICE of Appearance by Deborah L. Dance on behalf of Jeremiah M. Lignitz, Brian J. Walraven (Dance, Deborah) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

PACER
13

Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by Angel Francisco Castro-Torres. (Werner, Daniel) (Entered: 10/18/2010)

Oct. 18, 2010

Oct. 18, 2010

PACER
14

Initial Disclosures by Jeremiah M. Lignitz, Brian J. Walraven.(Weaver, George) (Entered: 10/18/2010)

Oct. 18, 2010

Oct. 18, 2010

PACER
15

Initial Disclosures by Angel Francisco Castro-Torres.(Werner, Daniel) (Entered: 10/18/2010)

Oct. 18, 2010

Oct. 18, 2010

PACER
16

CERTIFICATE OF SERVICE of Plaintiff's First Sets of Interrogatories and Requests for Production to All Defendants by Angel Francisco Castro-Torres.(Brooke, Sam) (Entered: 10/22/2010)

Oct. 22, 2010

Oct. 22, 2010

PACER

Clerks Notation re 10 Certificate of Interested Persons reviewed and noted by J. Owen Forrester (pah)

Oct. 25, 2010

Oct. 25, 2010

PACER

MINUTE ORDER by Judge J. Owen Forrester APPROVING 13 Preliminary Report and Discovery Plan (pah)

Oct. 25, 2010

Oct. 25, 2010

PACER

Clerks Notation re 2 Certificate of Interested Persons reviewed and noted by J. Owen Forrester (pah)

Oct. 25, 2010

Oct. 25, 2010

PACER
17

REVISED CASE INSTRUCTIONS. (cem) (Entered: 10/26/2010)

Oct. 26, 2010

Oct. 26, 2010

PACER

Clerks Certificate of Mailing as to Paromita Shah attorney for Angel Francisco Castro-Torres re 17 Revised Case Instructions. (cem)

Oct. 26, 2010

Oct. 26, 2010

PACER
18

CERTIFICATE OF SERVICE for First Interrogatories & Requests for Production by Jeremiah M. Lignitz.(Weaver, George) (Entered: 11/05/2010)

Nov. 5, 2010

Nov. 5, 2010

PACER
19

Notice for Leave of Absence for the following date(s): 2/24-2/28/11, 3/11-3/18/11, 4/6-4/9/11, by George Brian Spears. (Spears, George) (Entered: 11/08/2010)

Nov. 8, 2010

Nov. 8, 2010

PACER
20

CERTIFICATE OF SERVICE for Responses to Pl.'s 1st RFP by Jeremiah M. Lignitz.(Weaver, George) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

PACER
21

CERTIFICATE OF SERVICE for Responses to Pl.'s 1st Interrogatories by Jeremiah M. Lignitz.(Weaver, George) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

PACER
22

CERTIFICATE OF SERVICE for Responses to Pl.'s 1st RFP by Brian J. Walraven.(Weaver, George) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

PACER
23

CERTIFICATE OF SERVICE for Responses to Pl.'s 1st Interrogatories by Brian J. Walraven.(Weaver, George) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

PACER
24

CERTIFICATE OF SERVICE Plaintiffs Response To Defendant Jeremiah M. Lignitzs First Interrogatories And Requests For Production by Angel Francisco Castro-Torres.(Brooke, Sam) (Entered: 12/29/2010)

Dec. 29, 2010

Dec. 29, 2010

PACER
25

CERTIFICATE OF SERVICE Plaintiff's Privilege Log Submitted In Response To Defendant Jeremiah M. Lignitz's First Interrogatories And Requests For Production by Angel Francisco Castro-Torres.(Brooke, Sam) (Entered: 12/29/2010)

Dec. 29, 2010

Dec. 29, 2010

PACER
26

Joint MOTION for Protective Order by Angel Francisco Castro-Torres. (Attachments: # 1 Text of Proposed Order Exhibit A - Proposed Order)(Werner, Daniel) (Entered: 12/30/2010)

1 Text of Proposed Order Exhibit A - Proposed Order

View on PACER

Dec. 30, 2010

Dec. 30, 2010

RECAP

Submission of 26 Joint MOTION for Protective Order, submitted to District Judge J. Owen Forrester. (bse)

Jan. 3, 2011

Jan. 3, 2011

PACER
27

CERTIFICATE OF SERVICE Expert Witness Report of Marlen Santana Perez, L.C.S.W. by Angel Francisco Castro-Torres.(Brooke, Sam) (Entered: 01/12/2011)

Jan. 12, 2011

Jan. 12, 2011

PACER
28

CERTIFICATE OF SERVICE Plaintiff's Supplemental Production of Redacted Documents by Angel Francisco Castro-Torres.(Brooke, Sam) (Entered: 01/13/2011)

Jan. 13, 2011

Jan. 13, 2011

PACER
29

CERTIFICATE OF SERVICE Plaintiff's Supplemental Privilege Log by Angel Francisco Castro-Torres.(Brooke, Sam) (Entered: 01/13/2011)

Jan. 13, 2011

Jan. 13, 2011

PACER
30

CERTIFICATE OF SERVICE Plaintiff's Second Request for Production of Documents Directed to Defendant Jeremiah M. Lignitz by Angel Francisco Castro-Torres.(Brooke, Sam) (Entered: 01/18/2011)

Jan. 18, 2011

Jan. 18, 2011

PACER
31

CERTIFICATE OF SERVICE Plaintiff's Second Request for Production of Documents Directed to Defendant Brian J. Walraven by Angel Francisco Castro-Torres.(Brooke, Sam) (Entered: 01/18/2011)

Jan. 18, 2011

Jan. 18, 2011

PACER
32

CERTIFICATE OF SERVICE Plaintiff's Second Set of Interrogatories to Defendant Jeremiah M. Lignitz by Angel Francisco Castro-Torres.(Brooke, Sam) (Entered: 01/18/2011)

Jan. 18, 2011

Jan. 18, 2011

PACER
33

CERTIFICATE OF SERVICE Plaintiff's Second Set of Interrogatories to Defendant Brian J. Walraven by Angel Francisco Castro-Torres.(Brooke, Sam) (Entered: 01/18/2011)

Jan. 18, 2011

Jan. 18, 2011

PACER
34

CERTIFICATE OF SERVICE Plaintiff's First Request for Admission Directed to Defendant Jeremiah M. Lignitz by Angel Francisco Castro-Torres.(Brooke, Sam) (Entered: 01/18/2011)

Jan. 18, 2011

Jan. 18, 2011

PACER
35

CERTIFICATE OF SERVICE Plaintiff's First Request for Admission Directed to Defendant Brian J. Walraven by Angel Francisco Castro-Torres.(Brooke, Sam) (Entered: 01/18/2011)

Jan. 18, 2011

Jan. 18, 2011

PACER
36

Joint MOTION for Extension of Time to Complete Discovery with Brief In Support by Angel Francisco Castro-Torres. (Attachments: # 1 Text of Proposed Order)(Werner, Daniel) (Entered: 01/28/2011)

Jan. 28, 2011

Jan. 28, 2011

PACER

MINUTE ORDER by CRD granting 36 Joint Motion for Extension of Time to Complete Discovery. Discovery ends on 4/19/2011. (pah)

Jan. 28, 2011

Jan. 28, 2011

PACER
37

Request for Leave of Absence for the following date(s): 5/13/2011, 5/19-5/23/2011, 7/1-7/8/2011, by George Brian Spears. (Spears, George) (Entered: 02/03/2011)

Feb. 3, 2011

Feb. 3, 2011

PACER
38

CERTIFICATE OF SERVICE for Objections to January 19, 2011 Subpoena by Cobb County Police Department.(Weaver, George) (Entered: 02/18/2011)

Feb. 18, 2011

Feb. 18, 2011

PACER
39

CERTIFICATE OF SERVICE for Def. Lignitz's Responses to Pl.'s 2nd Requests for Production by Jeremiah M. Lignitz, Brian J. Walraven.(Weaver, George) (Entered: 02/22/2011)

Feb. 22, 2011

Feb. 22, 2011

PACER
40

CERTIFICATE OF SERVICE for Def. Lignitz's Responses to Pl.'s 2nd Interrogatories by Jeremiah M. Lignitz, Brian J. Walraven.(Weaver, George) (Entered: 02/22/2011)

Feb. 22, 2011

Feb. 22, 2011

PACER
41

CERTIFICATE OF SERVICE for Def. Lignitz's Responses to Pl.'s 1st Requests for Admissions by Jeremiah M. Lignitz, Brian J. Walraven.(Weaver, George) (Entered: 02/22/2011)

Feb. 22, 2011

Feb. 22, 2011

PACER
42

CERTIFICATE OF SERVICE for Def. Walraven's Responses to Pl.'s 2nd Requests for Production by Jeremiah M. Lignitz, Brian J. Walraven.(Weaver, George) (Entered: 02/22/2011)

Feb. 22, 2011

Feb. 22, 2011

PACER
43

CERTIFICATE OF SERVICE for Def. Walraven's Responses to Pl.'s 2nd Interrogatories by Jeremiah M. Lignitz, Brian J. Walraven.(Weaver, George) (Entered: 02/22/2011)

Feb. 22, 2011

Feb. 22, 2011

PACER
44

CERTIFICATE OF SERVICE for Def. Walraven's Responses to Pl.'s 1st Requests for Admissions by Jeremiah M. Lignitz, Brian J. Walraven.(Weaver, George) (Entered: 02/22/2011)

Feb. 22, 2011

Feb. 22, 2011

PACER
45

MOTION for Leave to File First Amended Complaint with Brief In Support by Angel Francisco Castro-Torres. (Attachments: # 1 Brief in Support of Plaintiffs Motion for Leave to File First Amend Complaint, # 2 Exhibit 1 - Email to Defense Counsel, # 3 Exhibit 2 - Email from Defense Counsel, # 4 Exhibit 3 - First Amended Complaint)(Werner, Daniel) (Entered: 03/07/2011)

March 7, 2011

March 7, 2011

PACER
46

NOTICE to Take Deposition of Angel Castro-Torres and Marlen Perez filed by Jeremiah M. Lignitz, Brian J. Walraven (Weaver, George) (Entered: 03/15/2011)

March 15, 2011

March 15, 2011

PACER
47

CERTIFICATE OF SERVICE Plaintiffs Supplemental Response To Defendant Jeremiah M. Lignitzs First Interrogatories And Requests For Production by Angel Francisco Castro-Torres.(Brooke, Sam) (Entered: 03/18/2011)

March 18, 2011

March 18, 2011

PACER
48

Consent MOTION for Extension of Time Respond to Pl.'s Motion for Leave to Amend Complaint re: 45 MOTION for Leave to File First Amended Complaint with Brief In Support by Jeremiah M. Lignitz, Brian J. Walraven. (Weaver, George) (Entered: 03/22/2011)

March 22, 2011

March 22, 2011

PACER

MINUTE ORDER by CRD granting 48 Consent Motion for Extension of Time. Defendants shall have through April 15, 2011, in which to respond to Plaintiffs Motion for Leave to Amend Complaint. (Doc. 45) (pkl)

March 22, 2011

March 22, 2011

PACER
49

Joint MOTION to Stay Discovery by Angel Francisco Castro-Torres. (Attachments: # 1 Text of Proposed Order)(Werner, Daniel) (Entered: 03/30/2011)

March 30, 2011

March 30, 2011

PACER

MINUTE ORDER by: Judge J. Owen Forrester granting 49 Joint Motion to Stay Discovery. (pkl)

March 30, 2011

March 30, 2011

PACER
50

OPINION and ORDER denying 26 Joint Motion for Stipulated Protective Order. Signed by Judge J. Owen Forrester on 3/31/11. (bse) (Entered: 04/01/2011)

March 31, 2011

March 31, 2011

RECAP

Submission of 45 MOTION for Leave to File First Amended Complaint, submitted to District Judge J. Owen Forrester. (bse)

April 18, 2011

April 18, 2011

PACER
51

MOTION for Reconsideration re 50 Order on Motion for Protective Order with Brief In Support by Angel Francisco Castro-Torres. (Attachments: # 1 Brief)(Werner, Daniel) (Entered: 04/25/2011)

April 25, 2011

April 25, 2011

PACER
52

NOTICE of Settlement by Angel Francisco Castro-Torres (Werner, Daniel) (Entered: 05/06/2011)

May 6, 2011

May 6, 2011

PACER

Submission of 52 Notice of Settlement, submitted to District Judge J. Owen Forrester. (bse)

May 9, 2011

May 9, 2011

PACER
53

STIPULATION of Dismissal With Prejudice by Angel Francisco Castro-Torres. (Werner, Daniel) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
54

Clerk's Entry of Dismissal APPROVING 53 Stipulation of Dismissal, with prejudice, pursuant to Fed.R.Civ.P.41(a)(1)(ii). (bse) (Entered: 05/11/2011)

May 10, 2011

May 10, 2011

PACER

Civil Case Terminated. (bse)

May 10, 2011

May 10, 2011

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Policing

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 21, 2010

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Unarmed man of Hispanic origin riding a bicycle

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Cobb County Police Department (Cobb), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General:

Excessive force

False arrest

Over/Unlawful Detention

Search policies

Discrimination-basis:

Immigration status

Affected Gender:

Male

National Origin/Ethnicity:

Hispanic