Case: Diamond v. Owens

5:15-cv-00050 | U.S. District Court for the Middle District of Georgia

Filed Date: Feb. 19, 2015

Closed Date: Feb. 11, 2016

Clearinghouse coding complete

Case Summary

The plaintiff in this case is a transgender female. She was denied medically necessary healthcare and suffered repeated sexual assault and harassment throughout her incarceration. The plaintiff suffered from gender dysphoria and—despite her feminine appearance—the defendant assigned her to a maximum-security male prison. In these facilities, transgender inmates often face the highest risk of sexual violence. The plaintiff brought this action in the Middle District of Georgia on February 19, 201…

The plaintiff in this case is a transgender female. She was denied medically necessary healthcare and suffered repeated sexual assault and harassment throughout her incarceration. The plaintiff suffered from gender dysphoria and—despite her feminine appearance—the defendant assigned her to a maximum-security male prison. In these facilities, transgender inmates often face the highest risk of sexual violence.

The plaintiff brought this action in the Middle District of Georgia on February 19, 2015 under 42 U.S.C. § 1983 against the defendant staff at the Georgia Department of Corrections, Rutledge State Prison, and Valdosta State prison. The plaintiff claimed deliberate indifference to her medical needs in denying medically necessary treatment for gender dysphoria, violations of her Eighth Amendment right against cruel and unusual punishment, failure of guards to protect her from serious sexual assault, and failure to train prison personnel regarding transgender inmates' health and safety. Represented by the Southern Poverty Law Center and private counsel, the plaintiff requested declaratory relief, compensatory and punitive damages, attorneys’ fees, and a preliminary and permanent injunction requiring the Georgia Department of Corrections to adhere to professional standards of care in treating inmates that suffer from gender dysphoria.

The plaintiff was first imprisoned in 2012. Within the first month of her imprisonment, the plaintiff was sexually assaulted by six gang members. The plaintiff was sexually assaulted by other inmates more than half a dozen times throughout her three-year incarceration. The defendants also denied her medically necessary hormone treatment. But the defendants filed a motion to dismiss for the plaintiff's failure to exhaust administrative remedies and failure to state a claim. They also asserted qualified immunity defenses.

In the meantime, the court denied the plaintiff’s motion for a temporary restraining order, on April 20, 2015. At this hearing, the court put consideration of her preliminary injunction on hold to investigate new policies that the Georgia Department of Corrections had implemented since the beginning of the suit. 131 F. Supp. 3d 1353.

Less than five months later, the plaintiff was released from prison. She was only three years into an eight year sentence on August 31, 2015. The court then ruled on the defendants' various motions to dismiss on September 14, 2015. First, the plaintiff's claims for injunctive and declaratory relief were mooted and dismissed without prejudice as a result of her release from prison. The court denied the defendants' motion to dismiss the plaintiff's deliberate indifference to a serious medical need claim and failure-to-protect claim because the plaintiff failed to exhaust administrative remedies. Further, the court held that defendant prison personnel were not entitled to qualified immunity on the plaintiff's deliberate indifference to a serious medical need claim and that the defendant medical director was not entitled to qualified immunity on the failure-to-protect claim. Finally, the court held that the plaintiff sufficiently pleaded that defendant medical director failed to train subordinates regarding the safety of transgender inmates and that this failure resulted in deliberate indifference to Diamond’s constitutional right to reasonable protection—the defendant medical director was not entitled to qualified immunity on this claim.

The parties reached an undisclosed monetary settlement and filed a stipulated dismissal on February 11, 2016.

As a result of the lawsuit, the Georgia Department of Corrections no longer uses the “freeze frame” policy that prohibited transgender inmates from receiving treatment or updating treatment plans as needed. Many transgender inmates in Georgia now receive hormone therapy. Moreover, the defendants have adopted a sexual assault prevention policy that adheres to federal standards. These prevention policies are supplemented by training programs for prison staffers that address the unique needs of transgender inmates. The case is now closed.

Summary Authors

Keagan Potts (2/20/2019)

Eva Richardson (5/22/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5342531/parties/diamond-v-owens/


Judge(s)

Treadwell, Marc Thomas (Georgia)

Attorneys(s) for Plaintiff

Dinielli, David Carter (Alabama)

Ezie, A. Chinyere (Alabama)

Knoepp, James Melvin (Georgia)

Wolfe, Samuel (Alabama)

Attorneys(s) for Defendant

Boyce, Sharonda (Georgia)

Crowder, Elizabeth McRary (Georgia)

Gore, Deborah Nolan (Georgia)

Johnson, David V. (Georgia)

Tarver, Brett A. (Georgia)

Judge(s)

Treadwell, Marc Thomas (Georgia)

Attorneys(s) for Plaintiff

Dinielli, David Carter (Alabama)

Ezie, A. Chinyere (Alabama)

Knoepp, James Melvin (Georgia)

Wolfe, Samuel (Alabama)

Attorneys(s) for Defendant

Boyce, Sharonda (Georgia)

Crowder, Elizabeth McRary (Georgia)

Gore, Deborah Nolan (Georgia)

Johnson, David V. (Georgia)

Tarver, Brett A. (Georgia)

Other Attorney(s)

Abbate, Julie K. (District of Columbia)

Brett, Sharon (District of Columbia)

Moore, Michael J. (Georgia)

Preston, Judy C. (District of Columbia)

Snell, Bernard (Georgia)

Expert/Monitor/Master

Gupta, Vanita (District of Columbia)

Kappelhoff, Mark (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 7, 2017 Docket
3

Verified Complaint

Feb. 19, 2015 Complaint
2

Memorandum of Law in Support of Plaintiff's Motion for Preliminary Injunction

Owens v. Diamond

Feb. 20, 2015 Internal memorandum
29

Statement of Interest of the United States

April 3, 2015 Pleading / Motion / Brief
69

Order

131 F.Supp.3d 1346

Sept. 14, 2015 Order/Opinion
68

Order

Owens v. Diamond

131 F.Supp.3d 1346

Sept. 14, 2015 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5342531/diamond-v-owens/

Last updated May 13, 2022

ECF Number Description Date Link
3

COMPLAINT against All Defendants Filing Fee $ 400, Receipt Number 113G-2020328,filed by ASHLEY A DIAMOND. (Attachments: # 1 Civil Cover Sheet)(cal) (Entered: 02/20/2015)

1 Civil Cover Sheet

View on PACER

Feb. 19, 2015 RECAP
1

MOTION for Preliminary Injunction by ASHLEY A DIAMOND filed by JAMES M KNOEPP.. Motion(s) referred to CHARLES H WEIGLE.(KNOEPP, JAMES) (Entered: 02/20/2015)

Feb. 20, 2015 RECAP
4

Consent Form (28 USC 636(c)(1)) sent to ASHLEY A DIAMOND (cal) (Entered: 02/20/2015)

Feb. 20, 2015 RECAP
5

Summons Issued as to MARTY ALLEN on 2/20/2015. (cal) (Entered: 02/20/2015)

Feb. 20, 2015 RECAP
6

Summons Issued as to JOHN THOMPSON on 2/20/2015. (cal) (Entered: 02/20/2015)

Feb. 20, 2015 RECAP
7

Summons Issued as to SHAY HATCHER on 2/20/2015. (cal) (Entered: 02/20/2015)

Feb. 20, 2015 PACER
8

Summons Issued as to BRIAN OWENS on 2/20/2015. (cal) (Entered: 02/20/2015)

Feb. 20, 2015 PACER
9

Summons Issued as to SHARON LEWIS on 2/20/2015. (cal) (Entered: 02/20/2015)

Feb. 20, 2015 RECAP
10

Summons Issued as to RUTHIE SHELTON on 2/20/2015. (cal) (Entered: 02/20/2015)

Feb. 20, 2015 RECAP
11

Summons Issued as to DONNA SILVER on 2/20/2015. (cal) (Entered: 02/20/2015)

Feb. 20, 2015 RECAP
12

Summons Issued as to DAVID MCCRACKEN on 2/20/2015. (cal) (Entered: 02/20/2015)

Feb. 20, 2015 RECAP
2

MEMORANDUM in Support filed by ASHLEY A DIAMOND re: 1 MOTION for Preliminary Injunction (Attachments: # 1 Affidavit Declaration of Dr. Randi C. Ettner, # 2 Affidavit Declaration of A. Chinyere Ezie, # 3 Exhibit Exhibit A to Ezie Declaration (GA DOC SOP on Management of Transsexuals), # 4 Exhibit B to Ezie Declaration (Letter from Diamond to Shelton 11/18/2013), # 5 Exhibit C to Ezie Declaration (Letter from Shelton to Diamond 11/22/13), # 6 Exhibit D to Ezie Declaration (GA DOC Notice re Suicide Attempt), # 7 Exhibit E to Ezie Declaration (GA DOC Response to Grievance and Appeal), # 8 Exhibit F to Ezie Declaration (Letter from Diamond to Owens 2/11/14), # 9 Exhibit G to Ezie Declaration (Letter from Diamond to Owens 5/13/14), # 10 Exhibit H to Ezie Declaration (GA DOC Response to Grievance and Appeal), # 11 Exhibit I to Ezie Declaration (GA DOC Mental Health Progress Notes))(KNOEPP, JAMES) (Entered: 02/20/2015)

1 Affidavit Declaration of Dr. Randi C. Ettner

View on PACER

2 Affidavit Declaration of A. Chinyere Ezie

View on PACER

3 Exhibit Exhibit A to Ezie Declaration (GA DOC SOP on Management of Transsexuals)

View on PACER

4 Exhibit B to Ezie Declaration (Letter from Diamond to Shelton 11/18/2013)

View on PACER

5 Exhibit C to Ezie Declaration (Letter from Shelton to Diamond 11/22/13)

View on PACER

6 Exhibit D to Ezie Declaration (GA DOC Notice re Suicide Attempt)

View on RECAP

7 Exhibit E to Ezie Declaration (GA DOC Response to Grievance and Appeal)

View on PACER

8 Exhibit F to Ezie Declaration (Letter from Diamond to Owens 2/11/14)

View on PACER

9 Exhibit G to Ezie Declaration (Letter from Diamond to Owens 5/13/14)

View on PACER

10 Exhibit H to Ezie Declaration (GA DOC Response to Grievance and Appeal)

View on PACER

11 Exhibit I to Ezie Declaration (GA DOC Mental Health Progress Notes)

View on PACER

Feb. 20, 2015 RECAP
13

NOTICE of Attorney Appearance by DAVID V JOHNSON on behalf of DAVID MCCRACKEN, DONNA SILVER, JOHN THOMPSON Attorney DAVID V JOHNSON added to party DAVID MCCRACKEN(pty:dft), Attorney DAVID V JOHNSON added to party DONNA SILVER(pty:dft), Attorney DAVID V JOHNSON added to party JOHN THOMPSON(pty:dft) (JOHNSON, DAVID) (Entered: 02/27/2015)

Feb. 27, 2015 PACER
14

NOTICE of Attorney Appearance by SHARONDA BOYCE on behalf of DAVID MCCRACKEN, DONNA SILVER, JOHN THOMPSON Attorney SHARONDA BOYCE added to party DAVID MCCRACKEN(pty:dft), Attorney SHARONDA BOYCE added to party DONNA SILVER(pty:dft), Attorney SHARONDA BOYCE added to party JOHN THOMPSON(pty:dft) (BOYCE, SHARONDA) (Entered: 02/27/2015)

Feb. 27, 2015 PACER
15

MOTION for Extension of Time to File Responsive Pleadings as to 1 MOTION for Preliminary Injunction, 2 Memorandum in Support,,, 3 Complaint by MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, BRIAN OWENS, RUTHIE SHELTON filed by DEBORAH NOLAN GORE.(GORE, DEBORAH) (Entered: 03/10/2015)

March 10, 2015 RECAP
16

ORDER GRANTING 15 Motion for Extension of Time to File Response/Reply. The Defendants have through and including April 10, 2015, to file their responsive pleadings and to respond to the Plaintiffs motion for a preliminary injunction. The Court will convene a telephone conference on April 13, 2015, at 2:30 p.m. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 3/13/2015. (tlh) (Entered: 03/13/2015)

March 13, 2015 PACER
17

SUMMONS Returned Executed by ASHLEY A DIAMOND as to JOHN THOMPSON. (Attachments: # 1 Affidavit Proof of Service to John Thompson)(WOLFE, SAMUEL) (Entered: 03/27/2015)

1 Affidavit Proof of Service to John Thompson

View on PACER

March 27, 2015 PACER
18

SUMMONS Returned Executed by ASHLEY A DIAMOND as to DONNA SILVER. (Attachments: # 1 Affidavit Proof of Service to Donna Silver)(WOLFE, SAMUEL) (Entered: 03/27/2015)

1 Affidavit Proof of Service to Donna Silver

View on PACER

March 27, 2015 PACER
19

SUMMONS Returned Executed by ASHLEY A DIAMOND as to RUTHIE SHELTON. (Attachments: # 1 Affidavit Proof of Service to Ruthie Shelton)(WOLFE, SAMUEL) (Entered: 03/27/2015)

1 Affidavit Proof of Service to Ruthie Shelton

View on PACER

March 27, 2015 PACER
20

SUMMONS Returned Executed by ASHLEY A DIAMOND as to BRIAN OWENS. (Attachments: # 1 Affidavit Proof of Service to Brian Owens)(WOLFE, SAMUEL) (Entered: 03/27/2015)

1 Affidavit Proof of Service to Brian Owens

View on PACER

March 27, 2015 PACER
21

SUMMONS Returned Executed by ASHLEY A DIAMOND as to DAVID MCCRACKEN. (Attachments: # 1 Affidavit Proof of Service to David McCracken)(WOLFE, SAMUEL) (Entered: 03/27/2015)

1 Affidavit Proof of Service to David McCracken

View on PACER

March 27, 2015 PACER
22

SUMMONS Returned Executed by ASHLEY A DIAMOND as to SHARON LEWIS. (Attachments: # 1 Affidavit Proof of Service to Sharon Lewis)(WOLFE, SAMUEL) (Entered: 03/27/2015)

1 Affidavit Proof of Service to Sharon Lewis

View on PACER

March 27, 2015 PACER
23

SUMMONS Returned Executed by ASHLEY A DIAMOND as to SHAY HATCHER. (Attachments: # 1 Affidavit Proof of Service to Shay Hatcher)(WOLFE, SAMUEL) (Entered: 03/27/2015)

1 Affidavit Proof of Service to Shay Hatcher

View on PACER

March 27, 2015 PACER
24

SUMMONS Returned Executed by ASHLEY A DIAMOND as to MARTY ALLEN. (Attachments: # 1 Affidavit Proof of Service to Marty Allen)(WOLFE, SAMUEL) (Entered: 03/27/2015)

1 Affidavit Proof of Service to Marty Allen

View on PACER

March 27, 2015 PACER
25

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by ASHLEY A DIAMOND filed by A CHINYERE EZIE. (Attachments: # 1 Memorandum in Support of Plaintiff's Emergency Motion for a Temporary Restraining Order and Preliminary Injunction)(EZIE, A) (Entered: 03/31/2015)

1 Memorandum in Support of Plaintiff's Emergency Motion for a Temporary Restr

View on RECAP

March 31, 2015 PACER
26

AFFIDAVIT re 25 MOTION for Temporary Restraining OrderMOTION for Preliminary Injunction Declaration of Ashley Diamond by ASHLEY A DIAMOND (EZIE, A) (Entered: 03/31/2015)

March 31, 2015 PACER
27

AFFIDAVIT re 25 MOTION for Temporary Restraining OrderMOTION for Preliminary Injunction Second Declaration of A. Chinyere Ezie by ASHLEY A DIAMOND (Attachments: # 1 Exhibit J - U.S. Department of Justice, Bureau of Justice Statistics, Sexual Victimization in Prisons and Jails Reported by Inmates, 201112, Supplemental Tables: Prevalence of Sexual Victimization Among Transgender Adult Inmates, # 2 Exhibit K - American Jail Association, Report on PREA and Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Rights, # 3 Exhibit L - Georgia Department of Corrections Mental Health Progress Notes of Jodi Braddock, # 4 Exhibit M - Georgia Department of Corrections Statement on the Prison Rape Elimination Act, # 5 Exhibit N - Georgia Department of Corrections, Standard Operating Procedures, Prison Rape Elimination Act (PREA)-Sexual Assault of/Sexual Misconduct with Offenders, # 6 Exhibit O - Georgia Department of Corrections, Monthly PREA Report, # 7 Exhibit P - Georgia Department of Corrections, Report concerning Macon State Prison Assault (Redacted), # 8 Exhibit Q - Declaration of Jeremy Brooks dated August 5, 2014, # 9 Exhibit R - Declaration of Gordon Berry dated August 6, 2014, # 10 Exhibit S - Declaration of Christopher Leach dated November 23, 2013, # 11 Exhibit T - Declaration of James Moore dated November 23, 2013, # 12 Exhibit U - Georgia Department of Corrections Mental Health Progress Notes of Dr. Stephen Sloan, # 13 Exhibit V - Georgia Department of Corrections, Warden/Superintendents Grievance Response, # 14 Exhibit W - Georgia Department of Corrections, Suicide Precaution Notification to Warden/Superintendent)(EZIE, A) (Entered: 03/31/2015)

1 Exhibit J - U.S. Department of Justice, Bureau of Justice Statistics, Sexual Vic

View on PACER

2 Exhibit K - American Jail Association, Report on PREA and Lesbian, Gay, Bisexual

View on PACER

3 Exhibit L - Georgia Department of Corrections Mental Health Progress Notes of Jo

View on PACER

4 Exhibit M - Georgia Department of Corrections Statement on the Prison Rape Elimi

View on PACER

5 Exhibit N - Georgia Department of Corrections, Standard Operating Procedures, Pr

View on PACER

6 Exhibit O - Georgia Department of Corrections, Monthly PREA Report

View on PACER

7 Exhibit P - Georgia Department of Corrections, Report concerning Macon State Pri

View on PACER

8 Exhibit Q - Declaration of Jeremy Brooks dated August 5, 2014

View on PACER

9 Exhibit R - Declaration of Gordon Berry dated August 6, 2014

View on PACER

10 Exhibit S - Declaration of Christopher Leach dated November 23, 2013

View on PACER

11 Exhibit T - Declaration of James Moore dated November 23, 2013

View on PACER

12 Exhibit U - Georgia Department of Corrections Mental Health Progress Notes of Dr

View on PACER

13 Exhibit V - Georgia Department of Corrections, Warden/Superintendents Grievance

View on PACER

14 Exhibit W - Georgia Department of Corrections, Suicide Precaution Notification t

View on PACER

March 31, 2015 PACER
28

MOTION for Leave to File Excess Pages for Brief in Support of Motion to Dismiss by MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, BRIAN OWENS, RUTHIE SHELTON filed by DEBORAH NOLAN GORE. (Attachments: # 1 Text of Proposed Order)(GORE, DEBORAH) (Entered: 04/01/2015)

1 Text of Proposed Order

View on PACER

April 1, 2015 PACER
29

NOTICE Statement of Interest of the United States by UNITED STATES DEPARTMENT OF JUSTICE re 1 MOTION for Preliminary Injunction (BRETT, SHARON) (Entered: 04/03/2015)

April 3, 2015 PACER
30

CERTIFICATE OF SERVICE re 26 Affidavit, 27 Affidavit,,,,,, 25 MOTION for Temporary Restraining OrderMOTION for Preliminary Injunction (EZIE, A) (Entered: 04/03/2015)

April 3, 2015 PACER
31

RESPONSE filed by MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, BRIAN OWENS, RUTHIE SHELTON re 25 MOTION for Temporary Restraining OrderMOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1 - Affidavit of Javaka Johnson)(GORE, DEBORAH) (Entered: 04/07/2015)

1 Exhibit 1 - Affidavit of Javaka Johnson

View on PACER

April 7, 2015 PACER
32

AFFIDAVIT in Support filed by ASHLEY A DIAMOND re 25 MOTION for Temporary Restraining OrderMOTION for Preliminary Injunction (Attachments: # 1 Affidavit Third Declaration of A. Chinyere Ezie dated April 7, 2015, # 2 Exhibit Exhibit X, Letters to Ashley Diamond received from inmates following transfer to Georgia State Prison, # 3 Exhibit Exhibit Y, Declaration of James C. Brady dated March 28, 2015)(EZIE, A) (Entered: 04/07/2015)

1 Affidavit Third Declaration of A. Chinyere Ezie dated April 7, 2015

View on PACER

2 Exhibit Exhibit X, Letters to Ashley Diamond received from inmates following tra

View on PACER

3 Exhibit Exhibit Y, Declaration of James C. Brady dated March 28, 2015

View on PACER

April 7, 2015 PACER
33

AFFIDAVIT re 31 Response to Motion by MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, BRIAN OWENS, RUTHIE SHELTON (GORE, DEBORAH) (Entered: 04/08/2015)

April 8, 2015 PACER
34

Minute Entry for proceedings held before U.S. District Judge MARC THOMAS TREADWELL: TRO Hearing held on 4/9/2015. Court Reporter: Tammy Fletcher. (tlh) (Entered: 04/09/2015)

April 9, 2015 RECAP
35

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Pre-Answer) by MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, BRIAN OWENS, RUTHIE SHELTON filed by DEBORAH NOLAN GORE. (Attachments: # 1 Brief of Defendants in Support of Their Pre-Answer Motion to Dismiss Plaintiff's Complaint, # 2 Exhibit 1 - Affidavit of Gloria Turnage, # 3 Exhibit 2 - Affidavit of Shawn Emmons, # 4 Exhibit 3 - Affidavit of Tracey Lumpkin)(GORE, DEBORAH) (Entered: 04/10/2015)

1 Brief of Defendants in Support of Their Pre-Answer Motion to Dismiss Plaintiff&

View on PACER

2 Exhibit 1 - Affidavit of Gloria Turnage

View on PACER

3 Exhibit 2 - Affidavit of Shawn Emmons

View on PACER

4 Exhibit 3 - Affidavit of Tracey Lumpkin

View on PACER

April 10, 2015 PACER
36

RESPONSE filed by MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, BRIAN OWENS, RUTHIE SHELTON re 1 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1 - Affidavit of Roy Sabine, # 2 Exhibit 2 - Declaration of James I. Maish, Ph.D., # 3 Exhibit 3 - Affidavit of Stephen Upton, # 4 Exhibit 4 - Affidavit of Stephen Upton)(GORE, DEBORAH) (Entered: 04/10/2015)

1 Exhibit 1 - Affidavit of Roy Sabine

View on PACER

2 Exhibit 2 - Declaration of James I. Maish, Ph.D.

View on PACER

3 Exhibit 3 - Affidavit of Stephen Upton

View on PACER

4 Exhibit 4 - Affidavit of Stephen Upton

View on PACER

April 10, 2015 PACER
37

RESPONSE filed by DAVID MCCRACKEN, DONNA SILVER, JOHN THOMPSON re 1 MOTION for Preliminary Injunction (JOHNSON, DAVID) (Entered: 04/10/2015)

April 10, 2015 PACER
38

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DAVID MCCRACKEN, DONNA SILVER, JOHN THOMPSON filed by DAVID V JOHNSON. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Affidavit of Shawn Emmons, # 3 Text of Proposed Order)(JOHNSON, DAVID) (Entered: 04/10/2015)

1 Memorandum in Support

View on PACER

2 Exhibit 1 - Affidavit of Shawn Emmons

View on PACER

3 Text of Proposed Order

View on PACER

April 10, 2015 PACER
39

NOTICE of Attorney Appearance by ELIZABETH MCRARY CROWDER on behalf of MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, BRIAN OWENS, RUTHIE SHELTON Attorney ELIZABETH MCRARY CROWDER added to party MARTY ALLEN(pty:dft), Attorney ELIZABETH MCRARY CROWDER added to party SHAY HATCHER(pty:dft), Attorney ELIZABETH MCRARY CROWDER added to party SHARON LEWIS(pty:dft), Attorney ELIZABETH MCRARY CROWDER added to party BRIAN OWENS(pty:dft), Attorney ELIZABETH MCRARY CROWDER added to party RUTHIE SHELTON(pty:dft) (CROWDER, ELIZABETH) (Entered: 04/14/2015)

April 14, 2015 PACER
40

TRANSCRIPT of Proceedings held on 4-9-15, before Judge Treadwell. Court Reporter Tammy W. Fletcher. Volume Number: 1 of 1 TRO hearing. The transcript may be inspected at the court or purchased through the court reporter for a period of 90 days. After 90 days, the transcript may be obtained via PACER. REDACTION OF TRANSCRIPTS: Complete redaction policy available on the courts website. (Tammy W. Fletcher) (Entered: 04/15/2015)

April 15, 2015 PACER
41

ORDER to Produce State Prisoner Ashley Alton Diamond, GDC 1000290565 for Federal Hearing on 4/20/2015 at 10:00 am in 475 Mulberry Street, Macon, Georgia. Ordered by U.S. District Judge MARC THOMAS TREADWELL. (tlh) (Entered: 04/15/2015)

April 15, 2015 PACER
42

Minute Entry for proceedings held before U.S. District Judge MARC THOMAS TREADWELL: Telephone Conference held on 4/15/2015. Court Reporter: Tammy Fletcher. (tlh) (Entered: 04/15/2015)

April 15, 2015 PACER
43

NOTICE Notice of Issuance of Subpoena to James Maish by ASHLEY A DIAMOND (Attachments: # 1 Exhibit A - Subpoena to James Maish)(EZIE, A) (Entered: 04/16/2015)

1 Exhibit A - Subpoena to James Maish

View on PACER

April 16, 2015 PACER
44

Minute Order. Proceedings held before U.S. District Judge MARC THOMAS TREADWELL: Hearing held on 4/20/2015. The Court DENIED 25 Plaintiff's Emergency Motion for TRO and Preliminary Injunction. Plaintiff given a 14 day extension to file responses to Defendants' motions to dismiss. (Court Reporter Tammy Fletcher.) (tlh) (Entered: 04/20/2015)

April 20, 2015 PACER
45

MOTION to Stay Proceedings on Plaintiff's Motion for a Preliminary Injunction re 1 MOTION for Preliminary Injunction by ASHLEY A DIAMOND filed by A CHINYERE EZIE.(EZIE, A) (Entered: 04/21/2015)

April 21, 2015 PACER
46

TRANSCRIPT of Proceedings held on 4-20-15, before Judge Treadwell. Court Reporter Tammy W. Fletcher. Volume Number: 1 of 1 TRO hearing. The transcript may be inspected at the court or purchased through the court reporter for a period of 90 days. After 90 days, the transcript may be obtained via PACER. REDACTION OF TRANSCRIPTS: Complete redaction policy available on the courts website. (Tammy W. Fletcher) (Entered: 04/28/2015)

April 28, 2015 PACER
47

Discovery Status Report (CROWDER, ELIZABETH) (Entered: 05/08/2015)

May 8, 2015 PACER
48

MOTION for Leave to File Excess Pages for Brief in Opposition to Motions to Dismiss by ASHLEY A DIAMOND filed by A CHINYERE EZIE.(EZIE, A) (Entered: 05/11/2015)

May 11, 2015 PACER
49

RESPONSE filed by ASHLEY A DIAMOND re 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Pre-Answer), 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: # 1 Affidavit Declaration of Ashley Diamond, # 2 Affidavit Declaration of Dr. Randi C. Ettner, # 3 Declaration of A. Chinyere Ezie, # 4 Exhibit Exhibit A, Grievance No. 163506 and Related Documents, # 5 Exhibit Exhibit B, Grievance No. 173610 and Related Documents, # 6 Exhibit Exhibit C, Grievance No. 180025 and Related Documents, # 7 Exhibit Exhibit D, Grievance No. 141823 and Related Documents, # 8 Exhibit Exhibit E, Grievance No. 189277 and Related Documents, # 9 Exhibit Exhibit F, Grievance No. 189275 and Related Documents, # 10 Exhibit Exhibit G, Grievance No. 189275 and Related Documents, # 11 Exhibit Exhibit H, Excerpts of the Transcript of the April 20, 2015 Hearing on Plaintiffs Emergency Motion for a Temporary Restraining Order, Diamond v. Owens et al, 5:15-cv-00050 (MTT), # 12 Exhibit Exhibit I, Excerpts of the Transcript of the April 9, 2015 Hearing on Plaintiffs Emergency Motion for a Temporary Restraining Order, Diamond v. Owens et al, 5:15-cv-00050 (MTT), # 13 Exhibit Exhibit J, Grievance No. 184215 and Related Documents, # 14 Exhibit Exhibit K, Georgia Department of Corrections Mental Health Progress Notes of Dr. Stephen Sloan)(EZIE, A) (Entered: 05/18/2015)

1 Affidavit Declaration of Ashley Diamond

View on PACER

2 Affidavit Declaration of Dr. Randi C. Ettner

View on PACER

3 Declaration of A. Chinyere Ezie

View on PACER

4 Exhibit Exhibit A, Grievance No. 163506 and Related Documents

View on PACER

5 Exhibit Exhibit B, Grievance No. 173610 and Related Documents

View on PACER

6 Exhibit Exhibit C, Grievance No. 180025 and Related Documents

View on PACER

7 Exhibit Exhibit D, Grievance No. 141823 and Related Documents

View on RECAP

8 Exhibit Exhibit E, Grievance No. 189277 and Related Documents

View on PACER

9 Exhibit Exhibit F, Grievance No. 189275 and Related Documents

View on PACER

10 Exhibit Exhibit G, Grievance No. 189275 and Related Documents

View on PACER

11 Exhibit Exhibit H, Excerpts of the Transcript of the April 20, 2015 Hearing on P

View on PACER

12 Exhibit Exhibit I, Excerpts of the Transcript of the April 9, 2015 Hearing on Pl

View on PACER

13 Exhibit Exhibit J, Grievance No. 184215 and Related Documents

View on PACER

14 Exhibit Exhibit K, Georgia Department of Corrections Mental Health Progress Note

View on RECAP

May 18, 2015 PACER
50

CERTIFICATE OF SERVICE re 49 Response to Motion,,,,, (EZIE, A) (Entered: 05/19/2015)

May 19, 2015 PACER
51

CERTIFICATE OF SERVICE re 50 Certificate of Service (EZIE, A) (Entered: 05/20/2015)

May 20, 2015 PACER
52

MOTION for Extension of Time to File Briefing on Plaintiff's Motion for Preliminary Injunction. by ASHLEY A DIAMOND filed by A CHINYERE EZIE.(EZIE, A) (Entered: 05/21/2015)

May 21, 2015 RECAP
53

This is a text only entry; no document issued. ORDER GRANTING 52 Motion for Extension of Time. Plaintiff's response to Defendants' Oppositions to Plaintiff's Motion for Preliminary Injunction [36, 37] shall be filed with the Court no later than July 27, 2015. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 5/21/2015. (tlh) (Entered: 05/21/2015)

May 21, 2015 PACER
54

MOTION for Leave to File Excess Pages for reply briefs by MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, BRIAN OWENS, RUTHIE SHELTON filed by DEBORAH NOLAN GORE.(GORE, DEBORAH) (Entered: 05/28/2015)

May 28, 2015 PACER
55

MOTION for Leave to File Excess Pages for reply briefs by DAVID MCCRACKEN, DONNA SILVER, JOHN THOMPSON filed by DAVID V JOHNSON.(JOHNSON, DAVID) (Entered: 05/28/2015)

May 28, 2015 PACER
56

REPLY to Response filed by MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, BRIAN OWENS, RUTHIE SHELTON re 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Pre-Answer) (GORE, DEBORAH) (Entered: 06/01/2015)

June 1, 2015 PACER
57

REPLY to Response filed by DAVID MCCRACKEN, DONNA SILVER, JOHN THOMPSON re 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (JOHNSON, DAVID) (Entered: 06/01/2015)

June 1, 2015 PACER
58

STATUS REPORT by ASHLEY A DIAMOND (EZIE, A) (Entered: 07/09/2015)

July 9, 2015 PACER
59

CONSENT MOTION for Extension of Time to File Briefing on Plaintiff's Motion for A Preliminary Injunction. by ASHLEY A DIAMOND filed by A CHINYERE EZIE. (Attachments: # 1 Text of Proposed Order Proposed Order)(EZIE, A) (Entered: 07/23/2015)

1 Text of Proposed Order Proposed Order

View on PACER

July 23, 2015 PACER
60

This is a text only entry; no document issued. ORDER: The Court DENIES the Plaintiff's 59 motion for extension of time until October 27, 2015, to reply to the Defendants' 36 37 responses to the 1 motion for preliminary injunction, but the Court GRANTS the Plaintiff 30 days until and including August 26, 2015, to file her reply. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 7/27/2015. (abv) (Entered: 07/27/2015)

July 27, 2015 PACER
61

MOTION for Status Conference and RESPONSE in Support re 58 Status Report (Attachments: # 1 Affidavit Declaration of David Dinielli, # 2 Exhibit Exhibit A to Declaration, Retaliation Letter)(EZIE, A) Modified on 7/30/2015 (ggs). (Entered: 07/29/2015)

1 Affidavit Declaration of David Dinielli

View on PACER

2 Exhibit Exhibit A to Declaration, Retaliation Letter

View on PACER

July 29, 2015 PACER
62

Minute Entry for proceedings held before US DISTRICT JUDGE MARC THOMAS TREADWELL: Telephone Conference held on 8/11/2015. Defendants are to provide the Court with the plan prepared by the medical professionals by Friday (8/14/2015). Court Reporter: Darlene Fuller. (tlh) (Entered: 08/11/2015)

Aug. 11, 2015 PACER
63

This is a text only entry; no document issued. ORDER: Defendants are to provide the Court with the plan prepared by the medical professionals by Friday, 8/14/2015. Defendants may file the plan under seal. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 8/12/2015. (tlh) (Entered: 08/12/2015)

Aug. 12, 2015 PACER
64

NOTICE of Attorney Appearance by BRETT A Tarver on behalf of DAVID MCCRACKEN, DONNA SILVER, JOHN THOMPSON Attorney BRETT A Tarver added to party DAVID MCCRACKEN(pty:dft), Attorney BRETT A Tarver added to party DONNA SILVER(pty:dft), Attorney BRETT A Tarver added to party JOHN THOMPSON(pty:dft) (Tarver, BRETT) (Entered: 08/14/2015)

Aug. 14, 2015 PACER
65

SEALED DOCUMENT filed pursuant to 63 text only order(ans) (Entered: 08/14/2015)

Aug. 14, 2015 PACER
66

REPLY to Response filed by ASHLEY A DIAMOND re 1 MOTION for Preliminary Injunction (Attachments: # 1 Affidavit Declaration of Ashley Diamond, # 2 Affidavit Third Declaration of Dr. Randi C. Ettner, # 3 Affidavit Declaration of Samuel Wolfe, # 4 Exhibit Wolfe Decl. Ex. A - Decl. of Leach, # 5 Exhibit Wolfe Decl. Ex. B - Housing/Treatment Plan, # 6 Exhibit Wolfe Decl. Ex. C - Mental Health Progress Notes of Sloan, # 7 Exhibit Wolfe Decl. Ex. D - Selected Medical Records for Diamond, # 8 Exhibit Wolfe Decl. Ex. E - Selected Mental Health Records for Diamond, # 9 Exhibit Wolfe Decl. Ex. F - Selected PREA Reports for Diamond, # 10 Exhibit Wolfe Decl. Ex. G - Termination Records for Hatcher, # 11 Exhibit Wolfe Decl. Ex. H - Decl. of Berry, # 12 Exhibit Wolfe Decl. Ex. I - Decl. of Moore)(WOLFE, SAMUEL) (Entered: 08/26/2015)

1 Affidavit Declaration of Ashley Diamond

View on PACER

2 Affidavit Third Declaration of Dr. Randi C. Ettner

View on PACER

3 Affidavit Declaration of Samuel Wolfe

View on PACER

4 Exhibit Wolfe Decl. Ex. A - Decl. of Leach

View on PACER

5 Exhibit Wolfe Decl. Ex. B - Housing/Treatment Plan

View on PACER

6 Exhibit Wolfe Decl. Ex. C - Mental Health Progress Notes of Sloan

View on PACER

7 Exhibit Wolfe Decl. Ex. D - Selected Medical Records for Diamond

View on PACER

8 Exhibit Wolfe Decl. Ex. E - Selected Mental Health Records for Diamond

View on PACER

9 Exhibit Wolfe Decl. Ex. F - Selected PREA Reports for Diamond

View on PACER

10 Exhibit Wolfe Decl. Ex. G - Termination Records for Hatcher

View on PACER

11 Exhibit Wolfe Decl. Ex. H - Decl. of Berry

View on PACER

12 Exhibit Wolfe Decl. Ex. I - Decl. of Moore

View on PACER

Aug. 26, 2015 PACER
67

MOTION to Dismiss Plaintiff's Claims for Preliminary Injunction and Requests for Declaratory and Injunctive Relief re 1 MOTION for Preliminary Injunction, 3 Complaint by ASHLEY A DIAMOND filed by A CHINYERE EZIE.(EZIE, A) Modified on 9/2/2015 (ggs). Modified on 9/2/2015 (ggs). (Entered: 09/02/2015)

Sept. 2, 2015 PACER
68

ORDER GRANTING 67 Motion to Dismiss. Plaintiff's requests for injunctive and declaratory relief are DISMISSED without prejudice. Because the claims against the Defendants in their official capacities are only for prospective injunctive relief, all claims against Defendants sued in their official capacities are DISMISSED as moot. The claims in Count 2 against Owens and Lewis in their official capacities are DISMISSED as moot. Count 2 remains pending against Lewis in her individual capacity. In Count 4, Diamond has asserted failure-to-train claims against Owens and Lewis. The failure-to-train claims against Owens and Lewis in their official capacities are DISMISSED as moot. The failure-to-train claim against Lewis in her individual capacity remains pending. Because Diamond sued Owens only in his official capacity, he is DISMISSED as a Defendant. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 9/14/2015. (tlh) (Entered: 09/14/2015)

Sept. 14, 2015 RECAP
69

ORDER DENYING 35 Motion to Dismiss for Failure to State a Claim and DENYING 38 Motion to Dismiss for Failure to State a Claim. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 9/14/2015. (tlh) (Entered: 09/14/2015)

Sept. 14, 2015 RECAP
70

JOINT MOTION for Extension of Time to File Answer by MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, DAVID MCCRACKEN, RUTHIE SHELTON, DONNA SILVER, JOHN THOMPSON filed by ELIZABETH MCRARY CROWDER.(CROWDER, ELIZABETH) (Entered: 09/25/2015)

Sept. 25, 2015 PACER
71

This is a text only entry; no document issued. ORDER GRANTING 70 Motion for Extension of Time to Answer Complaint. All Defendants have until and including October 12, 2015, to answer the complaint. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 9/28/2015. (abv) (Entered: 09/28/2015)

Sept. 28, 2015 PACER
72

ANSWER to 3 Complaint with Jury Demand by DAVID MCCRACKEN, DONNA SILVER, JOHN THOMPSON.(JOHNSON, DAVID) (Entered: 10/12/2015)

Oct. 12, 2015 PACER
73

ANSWER to 3 Complaint by MARTY ALLEN, SHAY HATCHER, SHARON LEWIS, RUTHIE SHELTON.(GORE, DEBORAH) (Entered: 10/13/2015)

Oct. 13, 2015 PACER
74

RULES 16/26 ORDER: Proposed Scheduling/Discovery order due by 11/20/2015. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 10/21/2015. (Attachments: # 1 Required Form, # 2 The Security National Bank of Sioux City, Iowa v. Abbott Laboratories, 2014 WL 3704277 (N.D. Iowa)). (tlh) (Entered: 10/21/2015)

1 Required Form

View on PACER

2 Required Form The Security National Bank of Sioux City, Iowa v. Abbott Laborator

View on PACER

Oct. 21, 2015 PACER
75

Letter from JAMI NATURALITE regarding requesting copies of the Court's Order of 9/14/2015 and the docket sheet for this case re 69 Order on Motion to Dismiss for Failure to State a Claim. (Attachments: # 1 Envelope)(ggs) (Entered: 12/16/2015)

1 Envelope

View on PACER

Dec. 16, 2015 PACER
76

Letter from G. Sellers in response re 75 Letter (ggs) (Entered: 12/16/2015)

Dec. 16, 2015 PACER
77

STIPULTIO OF DISMISSALl by ASHLEY A DIAMOND (EZIE, A) Modified on 2/12/2016 (ggs). (Entered: 02/11/2016)

Feb. 11, 2016 PACER
78

Letter from DAVID CHRIS KELLY, JR. regarding FOIA Request for all documents contained in file (Attachments: # 1 Envelope)(ggs) (Entered: 09/05/2017)

1 Envelope

View on RECAP

Sept. 5, 2017 RECAP
79

Letter from G. Sellers regarding in response re 78 Letter (ggs) (Entered: 09/05/2017)

Sept. 5, 2017 RECAP

State / Territory: Georgia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Feb. 19, 2015

Closing Date: Feb. 11, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Transgender female in prison

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

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)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Assault/abuse by residents/inmates/students

Classification / placement

Gay/lesbian/transgender

Grievance Procedures

Prison Rape Elimination Act

Sexual abuse by residents/inmates

Discrimination-basis:

Gender identity

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run