Case: Miller v. King

6:98-cv-00109 | U.S. District Court for the Southern District of Georgia

Filed Date: Aug. 4, 1998

Closed Date: July 18, 2013

Clearinghouse coding complete

Case Summary

The case began on August 4, 1998, when a state prisoner filed the complaint in the U.S. District Court for the Southern District of Georgia. The plaintiff was paraplegic and used a wheelchair; he was incarcerated at the Georgia State Prison (GSP) in Reidsville, Georgia. The defendants were the State of Georgia and various officials, entities, and subdivisions of the Georgia Department of Corrections (GDOC), including the GSP and Augusta State Medical Prison (ASMP), the Hearing Officer for the O…

The case began on August 4, 1998, when a state prisoner filed the complaint in the U.S. District Court for the Southern District of Georgia. The plaintiff was paraplegic and used a wheelchair; he was incarcerated at the Georgia State Prison (GSP) in Reidsville, Georgia. The defendants were the State of Georgia and various officials, entities, and subdivisions of the Georgia Department of Corrections (GDOC), including the GSP and Augusta State Medical Prison (ASMP), the Hearing Officer for the Office of Inmate Discipline at GSP, and the Commissioner of the GDOC.

The complaint alleged that the defendants violated Title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12131-12134; Section 504 of the Rehabilitation Act of 1973 (Rehabilitation Act or RA), 29 U.S.C. § 794; the Eighth Amendment (suing under 42 U.S.C. § 1983); and Fourteenth Amendment rights to equal protection of the law by not accommodating the plaintiff's needs as a handicapped individual and discriminating him because of his disability. He had been housed in disciplinary isolation in the K-Building, which was designated a high maximum security section of the prison. He alleged that he had been denied the opportunity to bathe or shower and to have yard call, church privileges, cold food, wheelchair accessible space (especially because K-Building cells were smaller than regular prison building cells), medical care and treatment, law library access, and legal materials. The plaintiff was pro se when he filed the complaint, but was later was represented by private counsel. He sought declaratory and injunctive relief, and monetary damages. The case was first assigned to Judge B. Avant Edenfield, then later reassigned to Magistrate Judge James E. Graham.

The history of this case spans 15 years, from its filing in 1998 to settlement in 2010 and appeal attempts in 2013. The case involves many defendants, several of whom throughout 15 years were terminated (in their official and/or individual capacities) from the case at different points in the timeline. It also involved multiple appeals, which led to certain claims against some of the defendants to be reversed and remanded by the Court of Appeals to be redetermined by the district court. In addition, it is worth noting that toward the end of the case in 2010, the United States participated as Amicus Curiae in support of the plaintiff. Miller v. King, 2004 WL 2290751 (11th Cir.) (supplemental brief for the U.S. as intervenor). See generally Miller v. King, 384 F.3d 1248 C.A.11 (Ga.) 2004) (explaining the background of the lawsuit).

During the course of the case's history, the plaintiff tried multiple times to get the court to prohibit what he alleged were discriminatory acts by the Defendants. Initially, the plaintiff filed a motion for Temporary Restraining Order (TRO) and preliminary injunction in September 1998. Judge Edenfield denied this motion on December 16, 1998.

The plaintiff's efforts continued into January 1999, when the plaintiff tried again to enjoin the defendants by moving for a protective order and, again, a preliminary injunction. Magistrate Judge James E. Graham suggested in his March 1999 Report & Recommendation (R&R) that Judge Edenfield deny both motions. On April 9, 1999, Judge Edenfield adopted the R&R and denied both of the plaintiff's motions. Miller v. King, 384 F.3d 1248, 1257 (C.A.11 (Ga.) 2004) (summarizing the details of the Report and Recommendations and its adoption by Judge Edenfield). The plaintiff appealed this denial on April 20, 1999, but on January 11, 2000, the U.S. Court of Appeals for the Eleventh Circuit (USCA) dismissed the appeal on the basis that it was frivolous.

Meanwhile, the defendants sought to dismiss the case: on August 4, 1999, they filed a motion for summary judgment. In January 2000, Magistrate Judge Graham recommended in his R&R that Judge Edenfield grant the motion for summary judgment on the claim of deliberate indifference against the former Warden of GSP and the claim of due process violations against the former Commissioner of the GDOC. On February 25, 2000, over the plaintiff's objections, Judge Edenfield adopted the Magistrate Judge's recommendations for the above two issues. However, he denied summary judgment for the State of Georgia, GDOC, and the Hearing Officer for the Office of Inmate Discipline at GSP. He did not explain the reasoning behind his decision. Miller v. King, 384 F.3d 1248, 1258 (C.A.11 (Ga.) 2004).

In July 2000, the Plaintiff filed a third motion for preliminary injunction and a second motion for protective order, but Judge Edenfield denied them the next month. The plaintiff appealed, but USCA denied the appeal. In November 2001, the case was reassigned to Magistrate Judge James E. Graham. The parties also commenced the discovery process around this time.

The discovery process and the case were moving along on schedule when the defendants attempted again to get the case dismissed by filing in December 2001 a supplemental motion for summary judgment. They asserted that:

- the State of Georgia and the Georgia Department of Corrections are immune from suit; and

- an individual employed by the Department of Corrections is not subject to liability under the ADA.

While the defendants' motion was pending, the plaintiff in January 2002 filed numerous motions: TRO, Preliminary Injunction (fourth time), protective order, subpoenas, a writ of habeas corpus, and a motion to compel the defendant to produce discovery for the plaintiff.

Magistrate Judge Graham resolved these motions throughout January and February 2002, mostly against the plaintiff. Judge Graham granted the defendants' December 2001 motion for summary judgment for certain defendants but only for some of the claims. He granted summary judgment for:

- the State of Georgia and the Georgia Department of Corrections on the claim that they violated the plaintiff's rights under Americans with Disabilities Act; and

- the Former Warden of GSP on the claim that he violated the plaintiff's rights under ADA (the only remaining claims against this defendant were retaliation and due process violations in prison disciplinary hearings).

While Judge Graham did not explain his reasons for denying all of the plaintiff's motions, he did note with respect to some motions that the allegations were irrelevant to the case.

A jury trial took place in February 2002, which yielded a verdict for the defendants on the 14th. The plaintiff filed a motion for judgment as a matter of law or for new trial, but Judge Graham denied his motion on June 6, 2002 because the plaintiff failed to show evidence that jury's finding was against the weight of evidence. The plaintiff appealed immediately.

On September 14, 2004, the Court of Appeals (Judges Frank M. Hull, James C. Hill, and Edward E. Carnes) generally affirmed the district court's grants of summary judgment in favor of the defendants (specifically, the ADA claims for monetary damages as to all defendants and as to all other claims against all defendants). However, it found that fact issues precluded summary judgment for a single defendant--the Warden of GSP. The USCA explained that the Eleventh Amendment does not prohibit a plaintiff from suing state officials in their official capacities for injunctive relief. Moreover, a plaintiff may sue an official in his/her individual capacity for monetary damages. Thus, USCA found that the Warden was a suable defendant for both monetary and injunctive relief. Miller v. King, 384 F.3d 1248, 1253–54, 1260 (C.A.11 (Ga.) 2004).

However, this decision was short-lived. After the Supreme Court decided United States v. Georgia, 546 U.S. 151, the Eleventh Circuit vacated in full its prior opinion from September 2004. In its new decision, the USCA affirmed the dismissal of all claims against all Defendants except for 1) the plaintiff's Eighth Amendment and ADA claims against the Warden; and 2) ADA claims against the State of Georgia and the Georgia Department of Corrections. For these two claims, the USCA concluded that the case should be remanded to the district court for the plaintiff to amend his complaint so that a claim-by-claim analysis could be undertaken. Miller v. King, 449 F.3d 1149, 1151 (C.A.11 (Ga.) 2006).

Soon after USCA's decision, on November 20, 2006, the plaintiff filed an amended complaint, in which he added many new individual defendants affiliated with the Georgia prison system. He also resubmitted a number of motions: for a preliminary injunction (fifth time) in December 2006 and (sixth time) in January 2007, and a protective order. However, Judge Graham dismissed all these motions on January 9, 2007.

After the plaintiff filed his amended complaint, the defendants persisted over the next few years to try to dismiss the case. Over time and little by little, Judge Graham dismissed many of the claims against the defendants. First, in February 2007, the Defendants submitted a pre-answer motion to dismiss. On July 24, 2007, Judge Graham granted the dismissal of:

- ADA or RA claims against the defendants in their individual capacities; and

- 42 U.S.C. § 1983 claims for damages against state defendants or individual defendants in their official capacities

He denied the motion in all other respects, most importantly the defendants' argument that the plaintiff's claims were barred by claim preclusion. The injunctive relief claims remained pending.

The case temporarily paused between summer 2007 and March 2008 because the parties and Judge Graham agreed to stay the case pending a comprehensive medical exam on the Plaintiff. Judge Graham lifted the stay on May 3, 2008.

The defendants' next attempt to dismiss the case occurred when the defendants tried again to argue that the Plaintiff's remaining arguments were moot because of claim preclusion. After the defendants filed a motion for partial summary judgment on this ground (that the plaintiff's § 1983, RA, and ADA claims were barred because he had already made them and lost), on September 21, 2009, Judge Graham ruled in favor of the defendants. He decided to dismiss many of the plaintiff's surviving claims, which included a denial of access to the courts claim. However, Judge Graham denied for the second time the defendants' claim preclusion argument. (The defendants later filed a motion for reconsideration of this order, but Judge Graham again denied the claim preclusion claim--see Miller v. King, 2009 WL 3805568 (S.D.Ga. Nov. 10, 2009).)

From this point forward, Judge Graham started to not only dismiss more of the Plaintiff's claims, but also Defendants from the lawsuit. In January 2010, per the parties' stipulation, Judge Graham dismissed ASMP and GSP as Defendants (because they were part of GDOC) while the claims against GDOC remained pending.

On July 6, 2010, Judge Graham dismissed all remaining claims against individual defendants. Furthermore, during that same month, Judge Graham ordered the termination of the following defendants as parties: the former Commissioner of the GDOC; the former Warden at GSP; and the State of Georgia. A few claims against a small set of Defendants remained pending:

- The claims brought under the ADA and Rehabilitation Act for damages against the GDOC; and

- All claims for injunctive relief against the GDOC and the remaining individual defendants (including the Warden of ASMP).

Despite the many dismissals, the plaintiff was able to negotiate a settlement of the remaining claims. On September 14, 2010, Judge Graham ordered that the case be administratively closed. He gave the parties 60 days to file a dismissal of judgment, and if the parties did not request that, the court was planning to dismiss the case with prejudice. The remaining defendants filed a motion to dismiss with prejudice on October 15, 2010. A proposed Settlement Agreement, included with the motion, stated the following important provisions. It included both monetary and injunctive relief. The Agreement were to be in effect until the plaintiff leaves the facility. The defendants agreed to:

- make a $50,000 payment to the plaintiff;

- make a $90,000 payment to the plaintiff's attorneys;

- improve the accessibility of the prison facilities to conform with the ADA;

- ensure that the plaintiff has the appropriate devices that would allow him to take showers and maintain hygiene;

- assist him with daily activities; and

- maintain a written medical Treatment Plan for the plaintiff.

In exchange, the plaintiff was to release the defendants from all pending claims in this suit.

Judge Graham approved the Settlement Agreement on November 1, 2010 and dismissed the case with prejudice.

However, the plaintiff attempted three times to reopen the case and set aside the judgment between June 2011 and June 2013. Judge Graham denied the request each time, in part because the plaintiff's motions were largely unrelated to the issues in this case. In March 2013, the plaintiff tried to appeal the district court's decision, but the USCA dismissed the request. The plaintiff has not attempted to reopen the case or take other action to enforce the settlement agreement since 2013.

Summary Authors

Lisa Koo (6/9/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5026578/parties/miller-v-king/


Judge(s)

Graham, James E. (Georgia)

Hull, Frank M. (Georgia)

Attorneys(s) for Plaintiff

Ashe, Robert L. III (Georgia)

Bramlett, Jeffrey O. (Georgia)

Rains, John H IV (Georgia)

Shalf, Sarah M. (Georgia)

Attorneys(s) for Defendant

Curry, Stephen E. (Georgia)

Hirsch, Michelle J. (Georgia)

Mason, Aaron Bradford (Georgia)

Orland, Devon (Georgia)

Judge(s)

Graham, James E. (Georgia)

Hull, Frank M. (Georgia)

Attorneys(s) for Plaintiff

Ashe, Robert L. III (Georgia)

Bramlett, Jeffrey O. (Georgia)

Rains, John H IV (Georgia)

Shalf, Sarah M. (Georgia)

Attorneys(s) for Defendant

Curry, Stephen E. (Georgia)

Hirsch, Michelle J. (Georgia)

Mason, Aaron Bradford (Georgia)

Orland, Devon (Georgia)

Teaster, Susan Elizabeth (Georgia)

Weber, David V (Georgia)

Williams, Pattie J (Georgia)

Other Attorney(s)

Bagenstos, Samuel R. (District of Columbia)

Harrington, Sarah E. (District of Columbia)

Holder, Eric H. Jr. (District of Columbia)

Kennebrew, Delora L. (District of Columbia)

Lynch, William Francis (District of Columbia)

Perez, Thomas E. (District of Columbia)

Phillips, Dirk Christian (District of Columbia)

Samberg-Champion, Sasha M. (District of Columbia)

Tarver, Edward J. (Georgia)

Documents in the Clearinghouse

Document

Docket [PACER]

July 18, 2013 Docket
2

Complaint

Aug. 4, 1998 Complaint

Opinion

U. S. Court of Appeals for the Eleventh Circuit

384 F.3d 1248

Sept. 14, 2004 Order/Opinion

Opinion

U. S. Court of Appeals for the Eleventh Circuit

449 F.3d 1149

May 17, 2006 Order/Opinion
198

Amended Complaint

Miller v. Smith

Nov. 20, 2006 Complaint
219

Order

2007 WL 2164534

July 24, 2007 Order/Opinion
335

Order

Sept. 21, 2009 Order/Opinion
349

Order

2009 WL 3805568

Nov. 10, 2009 Order/Opinion
447

United States' Memorandum of Law as Amicus Curiae on Issues Under the Americans with Disabilities Act and Rehabilitation Act that are Likely to Arise on Summary Judgment or at Trial

Miller v. Smith

June 21, 2010 Pleading / Motion / Brief
539-1

Settlement Agreement

Oct. 15, 2010 Settlement Agreement

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5026578/miller-v-king/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link

Miscellaneous Case # 698-58 transferred to civil docket. Case assigned to Judge B. Avant Edenfield (nmt)

Aug. 4, 1998 PACER
1

ORDER granting IFP. Dir pltf to return both PLRA Forms by 9-9-98 ( signed by Magistrate Judge James E. Graham ); copies served. (nmt) (Entered: 08/05/1998)

Aug. 4, 1998 PACER
2

COMPLAINT nunc pro tunc 7-20-98 (nmt) (Entered: 08/05/1998)

Aug. 4, 1998 PACER
3

Consent by Prisoner to collection of fees filed by plaintiff Tracy Miller. (nmt) (Entered: 08/17/1998)

Aug. 17, 1998 PACER
4

Prisoners Statement of Account filed by plaintiff Tracy Miller (from the Warden) (nmt) (Entered: 08/17/1998)

Aug. 17, 1998 PACER
5

MOTION by Tracy Miller for Preliminary Injunction, and for Protective Order with brief in support. (nmt) (Entered: 08/17/1998)

Aug. 17, 1998 PACER
6

MOTION by Tracy Miller to Amend certain issues with brief in support. (nmt) (Entered: 08/17/1998)

Aug. 17, 1998 PACER
7

MOTION by Tracy Miller for Temporary Restraining Order, and for Preliminary Injunction with brief in support. (nmt) (Entered: 09/08/1998)

Sept. 8, 1998 PACER
8

ORDER granting [6-1] motion to Amend certain issues; resetting Amended Pleadings deadline to 9/20/98 ( signed by Magistrate Judge James E. Graham ); copies served. (slt) (Entered: 09/10/1998)

Sept. 10, 1998 PACER
9

MOTION by Tracy Miller to Amend [2-1] complaint with brief in support. (jgb) (Entered: 09/22/1998)

Sept. 21, 1998 PACER
10

MOTION by Tracy Miller to amend diversity jurisdiction with brief in support. (Filed May 4, 1998) (bcw) (Entered: 10/16/1998)

Oct. 16, 1998 PACER
11

ORDER granting [10-1] motion to amend diversity jurisdiction, granting [9-1] motion to Amend [2-1] complaint; directing pltf to file amended complaint w/in 10 days of the date of this order. (signed by Magistrate Judge James E. Graham ); copies served. (slt) (Entered: 10/21/1998)

Oct. 21, 1998 PACER
12

ORDER assessing an initial partial filing fee in the amt of $1.00. Pltf's custodian shall deduct the initial partial filing fee of $1.00 from pltf's prison trust acct. and forward to the Clerk as the first installment of the filing fee of $150.00 ( signed by Magistrate Judge James E. Graham ); copies served. (nmt) (Entered: 12/15/1998)

Dec. 14, 1998 PACER
13

ORDER dir service of the copy of the complaint and this order upon defts King and Garner by USM ( signed by Magistrate Judge James E. Graham ); copies served. (nmt) (Entered: 12/15/1998)

Dec. 14, 1998 PACER
14

ORDER denying [7-1] motion for Temporary Restraining Order, denying [5-1] motion for Preliminary Injunction ( signed by Judge B. Avant Edenfield ); copies served. (fbh) (Entered: 12/16/1998)

Dec. 16, 1998 PACER
15

WAIVER OF SERVICE Returned Executed as to Ronald King 12/16/98 Answer due on 2/14/99 for Ronald King (dks) (Entered: 01/14/1999)

Jan. 14, 1999 PACER
16

WAIVER OF SERVICE Returned Executed as to Wayne Garner 12/16/98 Answer due on 2/14/99 for Wayne Garner (dks) (Entered: 01/14/1999)

Jan. 14, 1999 PACER
17

MOTION by Tracy Miller for Preliminary Injunction, for Protective Order with brief in support. (jgb) (Entered: 01/25/1999)

Jan. 25, 1999 PACER
18

MOTION by Tracy Miller fro issue writ of habeas corpus ad test if landrum pro-se with brief in support. (jgb) (Entered: 02/09/1999)

Feb. 9, 1999 PACER
19

WRIT to Produce Clarence Nathan Downs for hrg on 2/17/99 at Reidsville, Ga ( signed by Magistrate Judge James E. Graham ); copies served. (jsr) (Entered: 02/12/1999)

Feb. 12, 1999 PACER
20

ANSWER to Complaint by Ronald King, Wayne Garner (Attorney Stephen E. Curry),; jury demand (jgb) (Entered: 02/17/1999)

Feb. 16, 1999 PACER

** Set Jury Trial Flag. (jgb)

Feb. 16, 1999 PACER

SCHEDULING NOTICE setting Summary Judgment deadline on 7/16/99 ; Joining of parties,amending of pleadings by 4/17/99 ; Expert witness report by Defendant due by 5/17/99 ; Expert witness report by plaintiff due by 4/17/99 ; Motion Filing deadline on 7/6/99 ; Discovery cutoff 6/16/99 ; copies served. (jgb)

Feb. 16, 1999 PACER

Motion hearing held re: [17-1] motion for Preliminary Injunction by Tracy Miller. [17-2] motion for Protective Order by Tracy Miller. Witnesses sworn. Rule invoked. Opening stmts made by Mr. Miller. Pltf's witnesses: Clarence Downs, Johnny L. King, Carolyn Mailloux, M.D., Terry Deon Moye, Johnny Sikes, Reginald Ford, Thomas Lowery, Visol Smith, Kevin McNeal. Mr. McNeal testified that Mr. Miller's witnesses, Tony Goodman, refused to appear to testify. (Subpoena not issued), and Ronald King, for Pltf. Parties rested. The Court instructed Mr. Miller to submit to the court exhibits that are pertinent to this motion. The court will make copies of the exhibits and return the originals to Mr. Miller. Closing stmts made by Mr. Miller. The Court will prepare a Report & Recommendation. Court Reporter: Tape Nos.: 99-13 to 99-17. (lgl) Modified on 03/04/2003

Feb. 17, 1999 PACER
21

MOTION by Tracy Miller to supplement supporting argument and exhibits in support of pltf's motion for preliminary injunction with brief in support. (slt) (Entered: 02/22/1999)

Feb. 22, 1999 PACER
22

Exhibit list by Tracy Miller to 2/17/99, Motion Hrg for TRO/PI. (lgl) (Entered: 02/26/1999)

Feb. 26, 1999 PACER
23

MOTION by Tracy Miller to Amend the disability act with brief in support. (jgb) (Entered: 03/03/1999)

March 2, 1999 PACER
24

REPORT AND RECOMMENDATIONS of Magistrate Judge James E. Graham Re: [17-1] motion for Preliminary Injunction, [17-2] motion for Protective Order recommending said motions be denied; Motion no longer referred; copies served. Objections to R and R due by 4/2/99 (ddc) (Entered: 03/15/1999)

March 15, 1999 PACER
25

ORDER Objections set to 4/2/99 for [24-1] report and recommendations ( signed by Magistrate Judge James E. Graham ); copies served. (ddc) (Entered: 03/15/1999)

March 15, 1999 PACER
26

ORDER that a copy of Pla's complaint and this Order shall be served upon defts King and Garner by USM w/out prepayment. Defts must file either a dispositive motion or answer to complaint w/in 30 days. Instructions herein to defts regarding waiver of service as well as granting leave to take depo of pla, setting forth requirements. Instructions to pla regarding filing of pleadings and motions herein. ( signed by Magistrate Judge James E. Graham ); copies served. (ddc) (Entered: 03/15/1999)

March 15, 1999 PACER
27

OBJECTION by Tracy Miller to [24-1] report and recommendations (jgb) (Entered: 03/22/1999)

March 22, 1999 PACER
28

MOTION by Tracy Miller to return his exhibits property with brief in support. (jgb) (Entered: 03/22/1999)

March 22, 1999 PACER
29

SECOND OBJECTION by plaintiff Tracy Miller to [24-1] report and recommendations (rrr) (Entered: 03/30/1999)

March 29, 1999 PACER
30

MOTION by Tracy Miller for Preliminary Injunction with brief in support. (jgb) (Entered: 04/07/1999)

April 6, 1999 PACER
31

ORDER dismissing as moot [18-1] motion for issue writ of habeas corpus ad test if landrum pro-se ( signed by Magistrate Judge James E. Graham ); copies served. (jsr) (Entered: 04/08/1999)

April 8, 1999 PACER
32

ORDER granting [21-1] motion to supplement supporting argument and exhibits in support of pltf's motion for preliminary injunction ( signed by Magistrate Judge James E. Graham ); copies served. (jsr) (Entered: 04/08/1999)

April 8, 1999 PACER
33

ORDER denying [17-1] motion for Preliminary Injunction, denying [17-2] motion for Protective Order and adopting the Report and Recommendation of the Magistrate Judge ( signed by Judge B. Avant Edenfield ); copies served. (jgb) (Entered: 04/09/1999)

April 9, 1999 PACER
34

MOTION by Tracy Miller to supplement objections to R/R with brief in support. (jgb) (Entered: 04/13/1999)

April 12, 1999 PACER
35

MOTION by Tracy Miller for Appointment of Counsel with brief in support. (fbh) (Entered: 04/20/1999)

April 19, 1999 PACER

Motion(s) referred: [35-1] motion for Appointment of Counsel referred to Magistrate Judge James E. Graham (fbh)

April 20, 1999 PACER
36

MOTION by Tracy Miller to Proceed in Forma Pauperis with brief in support. (fbh) (Entered: 04/20/1999)

April 20, 1999 PACER
37

NOTICE OF APPEAL by Tracy Miller . ; copies served. [33-1] order (fbh) (Entered: 04/20/1999)

April 20, 1999 PACER

Notice of Appeal and certified copy of docket to USCA: [37-1] appeal by Tracy Miller (fbh)

April 21, 1999 PACER
38

ORDER granting [23-1] motion to Amend the disability act; directing USM service on deft Sikes, Ga Dept. of Corrections, State of GA; instructions to defts; instructions to pltf. ( signed by Magistrate Judge James E. Graham ); copies served. (slt) (Entered: 04/21/1999)

April 21, 1999 PACER
39

ORDER denying [35-1] motion for Appointment of Counsel ( signed by Magistrate Judge James E. Graham ); copies served. (slt) (Entered: 04/22/1999)

April 22, 1999 PACER
40

ORDER dismissing [28-1] motion to return Plaintiff's exhibits property; out of an abundance of caution, Clerk is directed to forward to the Pla copies of the exhibits attached to Document #29.(signed by Magistrate Judge James E. Graham ); copies served. (ddc) (Entered: 04/30/1999)

April 29, 1999 PACER

USCA Case Number Re: [37-1] appeal by Tracy Miller USCA NUMBER: 99-10648 (bcw)

April 30, 1999 PACER
41

ORDER denying [30-1] motion for Preliminary Injunction ( signed by Judge B. Avant Edenfield ); copies served. (dks) (Entered: 05/06/1999)

May 5, 1999 PACER
42

WAIVER OF SERVICE Returned Executed as to State of Georgia (not listed as party) 4/28/99 Answer due on 9/20/98 (dks) (Entered: 06/03/1999)

June 2, 1999 PACER
43

MOTION by Tracy Miller for Petition for Assistance in appointment of Consel with brief in support. (fbh) (Entered: 06/09/1999)

June 7, 1999 PACER
44

WAIVER OF SERVICE Returned Executed as to Johnny Sikes 4/28/99 Answer due on 9/20/98 (jgb) (Entered: 06/16/1999)

June 14, 1999 PACER
45

WAIVER OF SERVICE Returned Executed as to Wayne Garner 3/18/99 Answer due on 5/17/99 for Wayne Garner (jgb) (Entered: 06/16/1999)

June 14, 1999 PACER
46

WAIVER OF SERVICE Returned Executed as to Ga. Dept. of Corrections 4/28/99 Answer due on 9/20/98 (jgb) (Entered: 06/16/1999)

June 14, 1999 PACER
47

WAIVER OF SERVICE Returned Executed as to Ronald King 3/18/99 Answer due on 5/17/99 for Ronald King (jgb) (Entered: 06/16/1999)

June 14, 1999 PACER
48

ORDER dismissing as moot [34-1] motion to supplement objections to R/R ( signed by Magistrate Judge James E. Graham ); [EOD Date 6/17/99 copies served. (slt) (Entered: 06/17/1999)

June 17, 1999 PACER
49

ORDER denying [43-1] motion for Petition for Assistance in appointment of Consel, denying [36-1] motion to Proceed in Forma Pauperis ( signed by Judge B. Avant Edenfield ); [EOD Date 6/18/99 copies served. (fbh) (Entered: 06/18/1999)

June 18, 1999 PACER
50

ANSWER to Complaint by State of Georgia, GA Dept of Corr, Johnny . Sikes (Attorney Stephen E. Curry),; jury demand (ssl) (Entered: 06/30/1999)

June 23, 1999 PACER

SCHEDULING NOTICE setting Summary Judgment deadline on 11/20/99 ; Joining of parties,amending of pleadings by 8/22/99 ; Motion Filing deadline on 11/10/99 ; Discovery cutoff 10/21/99 ; copies served. (ssl)

June 23, 1999 PACER
51

MOTION by Tracy Miller to clarify and for reconsideration of Document 49 with brief in support. (ssl) (Entered: 06/28/1999)

June 28, 1999 PACER
52

Out of Time MOTION by Tracy Miller to Amend [2-1] complaint with brief in support. (jgb) (Entered: 07/02/1999)

July 2, 1999 PACER
53

MOTION by Ronald King, Wayne Garner to Extend Time thru 7/30/99 with brief in support. (dks) (Entered: 07/16/1999)

July 14, 1999 PACER
54

MOTION by Tracy Miller to Strike [53-1] motion to Extend Time thru 7/30/99 by Wayne Garner, Ronald King, [51-1] motion to clarify and for reconsideration of Document 49 by Tracy Miller with brief in support. (ssl) (Entered: 07/19/1999)

July 19, 1999 PACER
55

ORDER granting [53-1]Defts' motion to Extend Time thru 7/30/99 resetting Motion Filing deadline to 7/30/99, resetting Summary Judgment Deadline to 7/30/99 ( signed by Magistrate Judge James E. Graham ); [EOD Date 7/19/99 copies served. (jsr) (Entered: 07/19/1999)

July 19, 1999 PACER
56

MOTION by Ronald King, Wayne Garner, State of Georgia, GA Dept of Corr, Johnny . Sikes to Extend Time to file Motion for Summary Judgment with brief in support. (ssl) (Entered: 08/02/1999)

July 30, 1999 PACER
63

USCA consent form (jgb) Modified on 07/18/2001 (slt). (Entered: 08/11/1999)

Aug. 2, 1999 PACER
57

ORDER granting [56-1] motion to Extend Time to file Motion for Summary Judgment; resetting Summary Judgment Deadline to 8/4/99 ( signed by Magistrate Judge James E. Graham ); [EOD Date 8/3/99 copies served. (slt) (Entered: 08/03/1999)

Aug. 3, 1999 PACER
58

MOTION by Ronald King, Wayne Garner, State of Georgia, GA Dept of Corr, Johnny . Sikes for Summary Judgment with brief in support. (jgb) (Entered: 08/06/1999)

Aug. 4, 1999 PACER
59

STATEMENT OF MATERIAL FACTS by defendant Ronald King, defendant Wayne Garner, defendant State of Georgia, defendant GA Dept of Corr, defendant Johnny . Sikes in support of [58-1] motion for Summary Judgment by Johnny . Sikes, GA Dept of Corr, State of Georgia, Wayne Garner, Ronald King (jgb) (Entered: 08/06/1999)

Aug. 4, 1999 PACER
60

NOTICE of filing by Ronald King, Wayne Garner, State of Georgia, GA Dept of Corr, Johnny . Sikes (jgb) (Entered: 08/06/1999)

Aug. 4, 1999 PACER

Original papers mailed to USCA this date (bcw)

Aug. 5, 1999 PACER
61

MOTION by Ronald King, Wayne Garner, State of Georgia, GA Dept of Corr, Johnny . Sikes for Leave to File supplemental brief with brief in support. (jgb) (Entered: 08/10/1999)

Aug. 5, 1999 PACER

NOTICE issued re: [58-1] motion for Summary Judgment (jgb)

Aug. 6, 1999 PACER
62

RESPONSE by Tracy Miller in opposition to [58-1] motion for Summary Judgment by Johnny . Sikes, GA Dept of Corr, State of Georgia, Wayne Garner, Ronald King (ssl) Modified on 08/17/1999 (Entered: 08/16/1999)

Aug. 16, 1999 PACER
64

ORDER granting [61-1] motion for Leave to File supplemental brief set Brief deadline to 9/7/99 ( signed by Magistrate Judge James E. Graham ); [EOD Date 8/16/99 copies served. (ddc) Modified on 07/18/2001 (Entered: 08/16/1999)

Aug. 16, 1999 PACER
65

ORDER denying [52-1] motion to Amend [2-1] complaint ( signed by Magistrate Judge James E. Graham ); [EOD Date 8/17/99 copies served. (jsr) (Entered: 08/17/1999)

Aug. 17, 1999 PACER
66

ORDER dismissing [54-1] motion to Strike [53-1] motion to Extend Time thru 7/30/99 by Wayne Garner, Ronald King, [51-1] motion to clarify and for reconsideration of Document 49 by Tracy Miller ( signed by Magistrate Judge James E. Graham ); [EOD Date 8/17/99 copies served. (jsr) (Entered: 08/17/1999)

Aug. 17, 1999 PACER

Ntc of summary judgment returned from pla - pla refused (jgb)

Aug. 17, 1999 PACER
67

ORDER denying [51-1] motion to clarify and for reconsideration of Document 49, the order dated 6/18/99 shall remain the order of the Court, the portion of pla's motion seeking clarification, is also denied. ( signed by Judge B. Avant Edenfield ); [EOD Date 8/20/99 copies served. (jgb) (Entered: 08/20/1999)

Aug. 20, 1999 PACER
68

...RESPONSE by Tracy Miller in opposition to [58-1] motion for Summary Judgment by Johnny . Sikes, GA Dept of Corr, State of Georgia, Wayne Garner, Ronald King (jgb) (slt). (Entered: 08/25/1999)

Aug. 23, 1999 PACER
69

MOTION by Tracy Miller to supplement his affidavit to his motion in oppositon to the defendant's motion for summary judgment with brief in support. (ssl) (Entered: 09/02/1999)

Sept. 2, 1999 PACER
70

ORDER granting [68-1] motion to exceed 25 page limit ( signed by Magistrate Judge James E. Graham ); [EOD Date 9/7/99 copies served. (slt) (Entered: 09/07/1999)

Sept. 7, 1999 PACER
71

MOTION by Tracy Miller to clarify Order of 8/17/99 with brief in support. (dks) Modified on 10/14/1999 (Entered: 09/20/1999)

Sept. 20, 1999 PACER
72

JOINT STATUS REPORT by Ronald King, Wayne Garner, State of Georgia, GA Dept of Corr, Johnny . Sikes (jgb) (Entered: 09/24/1999)

Sept. 22, 1999 PACER
73

MOTION by Tracy Miller to exceed 25 pages, motion out of time, motion in opposition to defendant's motion for summary judgment with brief in support. (ssl) (Entered: 09/28/1999)

Sept. 27, 1999 PACER
74

SECOND MOTION by Ronald King, Wayne Garner, State of Georgia, GA Dept of Corr, Johnny . Sikes for Leave to File Supplemental Brief (original brief and support attached to this motion) with brief in support. (dks) Modified on 10/06/1999 (Entered: 09/29/1999)

Sept. 28, 1999 PACER
75

SUPPLEMENTAL BRIEF/MEMORANDUM by Ronald King, Wayne Garner, State of Georgia, GA Dept of Corr, Johnny . Sikes in support of [74-1] motion for Leave to File Supplemental Brief (original brief and support attached to this motion) by Johnny . Sikes, GA Dept of Corr, State of Georgia, Wayne Garner, Ronald King (dks) (Entered: 10/06/1999)

Sept. 28, 1999 PACER
76

MOTION by Tracy Miller to Stay summary judgment with brief in support. (jgb) (Entered: 10/07/1999)

Oct. 4, 1999 PACER
77

RESPONSE by Tracy Miller in opposition to [58-1] motion for Summary Judgment by Johnny . Sikes, GA Dept of Corr, State of Georgia, Wayne Garner, Ronald King (jgb) (Entered: 10/07/1999)

Oct. 4, 1999 PACER
78

MOTION by Tracy Miller to Stay; dft's motion supplemental brief in support of MSJ filed on 9/28/99 pending this court's reconsideration of pla's motion for appt. of counsel with brief in support. (jgb) (Entered: 10/07/1999)

Oct. 4, 1999 PACER
79

ORDER denying [78-1] motion to Stay; dft's motion supplemental brief in support of MSJ filed on 9/28/99 pending this court's reconsideration of pla's motion for appt. of counsel ( signed by Judge B. Avant Edenfield ); [EOD Date 10/21/99 copies served. (nys) (Entered: 10/21/1999)

Oct. 21, 1999 PACER
80

ORDER granting [74-1] motion for Leave to File Supplemental Brief. ( signed by Magistrate Judge James E. Graham ); [EOD Date 10/25/99 copies served. (slt) (Entered: 10/25/1999)

Oct. 25, 1999 PACER
81

ORDER dismissing [71-1] motion to clarify Order of 8/17/99 ( signed by Magistrate Judge James E. Graham ); [EOD Date 10/25/99 copies served. (ddc) (Entered: 10/25/1999)

Oct. 25, 1999 PACER
82

ORDER granting [73-1] motion to exceed 25 pages in response to defendant's motion for summary judgment ( signed by Magistrate Judge James E. Graham ); [EOD Date 10/25/99 copies served. (ddc) (Entered: 10/25/1999)

Oct. 25, 1999 PACER
83

ORDER dismissing [76-1] motion to Stay summary judgment ( signed by Magistrate Judge James E. Graham ); [EOD Date 10/25/99 copies served. (slt) (Entered: 10/25/1999)

Oct. 25, 1999 PACER
84

ORDER granting [69-1] motion to supplement his affidavit to his motion in oppositon to the defendant's motion for summary judgment ( signed by Magistrate Judge James E. Graham ); [EOD Date 10/25/99 copies served. (slt) (Entered: 10/25/1999)

Oct. 25, 1999 PACER
85

MOTION by Tracy Miller for Leave to File opposition to amend his opposition with brief in support. (jgb) (Entered: 10/28/1999)

Oct. 27, 1999 PACER
86

MOTION by Tracy Miller to Amend [86-1] motion by Tracy Miller with brief in support. (ssl) (Entered: 11/04/1999)

Nov. 3, 1999 PACER
87

ORDER denying [36-1] motion to Proceed in Forma Pauperis, denying [35-1] motion for Appointment of Counsel as moot (); [EOD Date 11/9/99 copies served. (ssl) (Entered: 11/09/1999)

Nov. 5, 1999 PACER

Record on Appeal returned from U.S. Court of Appeals: [37-1] appeal (ssl)

Nov. 5, 1999 PACER
88

ORDER granting [86-1] motion to Amend opposition and granting [85-1] motion for Leave to File opposition to defts' Motion for Summary Judgment. ( signed by Magistrate Judge James E. Graham ); [EOD Date 11/22/99 copies served. (ddc) (Entered: 11/22/1999)

Nov. 22, 1999 PACER

State / Territory: Georgia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Aug. 4, 1998

Closing Date: July 18, 2013

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

A wheelchair-bound inmate confined at Georgia State Prison in Reidsville, Georgia.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Georgia, State

Georgia Department of Corrections, None

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 140000

Order Duration: 2010 - None

Content of Injunction:

Discrimination Prohibition

Monitoring

Preliminary relief denied

Recordkeeping

Issues

General:

Bathing and hygiene

Conditions of confinement

Disciplinary segregation

Food service / nutrition / hydration

Law library access

Recreation / Exercise

Rehabilitation

Sanitation / living conditions

Solitary confinement/Supermax (conditions or process)

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Male

Disability:

Mobility impairment

Medical/Mental Health:

Medical care, general

Medication, administration of

Type of Facility:

Government-run