Civil Rights Litigation Clearinghouse

Case: K.A. v. Hobby

1:17-cv-00099 | U.S. District Court for the Middle District of Georgia

Filed Date: June 1, 2017

Closed Date: July 11, 2018

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Case Summary

This case was brought in response to an event that occurred on April 14, 2017 in Worth County. That day, approximately 40 uniformed police officers arrived at Worth County High School and put the school on lockdown to conduct a drug search. They did not have a search warrant. Although the officers had a “target list” of thirteen suspected students, the officers subjected the entire student body of 900 students to hands-on body searches. The plaintiffs reported that officers had touched them ina…

On June 1, 2017, nine high school students filed this putative class action lawsuit in the U.S. District Court for the Middle District of Georgia. The case was assigned to Judge Leslie Abrams. Under 42 U.S.C. § 1983 and state law, the plaintiffs sued the Worth County Sheriff’s Office — specifically the officers who were involved in the searches. The plaintiffs alleged that the drug searches were an unconstitutional search and seizure under the Fourth Amendment; that they violated their right to privacy under the Fourteenth Amendment; and that they violated the Georgia State Constitution. Represented by the Southern Center for Human Rights and private counsel, the plaintiffs sought damages, declaratory relief, and attorneys’ fees.

On June 20, 2017, the plaintiffs filed an amended complaint adding additional officers as defendants; and on June 23, the court granted an unopposed motion to dismiss claims against 26 individual defendants. On August 4, the plaintiffs moved for class certification. The proposed class would consist of “all students seized and searched by Worth County Sheriff’s Office employees at Worth County High School on April 14, 2017, other than those identified on the Sheriff’s target list.”

On September 5, 2017, the defendants filed a motion to dismiss the plaintiffs’ state law claims. They argued that Georgia law had no damages remedy for violating the state constitution and that the defendants were entitled to official immunity.

On October 10, 2017, the parties filed a motion to stay discovery because they had begun discussions regarding class certification and a possible settlement. The court granted this motion nine days later. On November 21, the court granted a motion to stay all proceedings. On December 4, the parties had reached a settlement agreement, and they filed a joint motion to certify the class.

Under the terms of the proposed $3 million settlement, the defendants agreed to notify the class members through mail and newspaper advertisements and collect response forms from the class members regarding the April 2017 drug search. They would pay damages between $1,000.00 and $6,000.00 to each class member and attorneys' fees of $450,000. The remaining funds would be used to start a fund to benefit Worth County High School students.

The court preliminarily approved this settlement agreement and certified the class on March 23, 2018. The last fairness hearing for class members to voice their concerns was held on July 11, 2018. There were no objections. The court approved the final settlement on January 9, 2019. The case is presumably now closed.

A similar case was filed in criminal court around the same time that this case was filed in civil court. On October 3, 2017, a grand jury in South Georgia indicted the Worth County Sheriff and two of his deputies for sexual battery, false imprisonment and violation of oath of office by a public officer. After subsequently being indicted two more times on a combined 156 charges involving events unrelated to this case, the sheriff pled guilty on July 25, 2018 to three counts of violation of oath of office, one of which stemmed from the school search. As part of his plea deal, he was sentenced to six months in prison (including time served), five years probation, and was barred from holding public office for five years, among other conditions.

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Summary Authors

Rebecca Strauss (6/19/2018)

Alexander Walling (8/15/2018)

Jonah Feitelson (3/26/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6292894/parties/ka-v-hobby/

Judge(s)

Gardner, Leslie Abrams (Georgia)

Attorneys(s) for Plaintiff

Begnaud, Mark Andrew (Georgia)

Geraghty, Sarah E. (Georgia)

Horsley, Nathanael A. (Georgia)

Littman, Aaron Michael (Georgia)

Redd, Crystal (Georgia)

Weber, Gerald R. (Georgia)

Attorneys(s) for Defendant

Rollins, Raleigh W. (Georgia)

Strickland, Richard K. (Georgia)

Judge(s)

Gardner, Leslie Abrams (Georgia)

Attorneys(s) for Plaintiff

Begnaud, Mark Andrew (Georgia)

Geraghty, Sarah E. (Georgia)

Horsley, Nathanael A. (Georgia)

Littman, Aaron Michael (Georgia)

Redd, Crystal (Georgia)

Weber, Gerald R. (Georgia)

Attorneys(s) for Defendant

Rollins, Raleigh W. (Georgia)

Strickland, Richard K. (Georgia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket [PACER]	July 10, 2019	Docket
1	Complaint	June 1, 2017	Complaint
10	Amended Complaint	June 20, 2017	Complaint
40-2	Settlement Agreement	Dec. 4, 2017	Settlement Agreement
48	Order Preliminarily Approving Settlement	March 23, 2018	Order/Opinion
61	Order	Jan. 24, 2019	Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6292894/ka-v-hobby/

Last updated May 12, 2022

ECF Number	Description	Date	Link
1	COMPLAINT against All Defendants Fee paid: Receipt # 113G-2624097, $400 filed by All Plaintiffs (Attachments: # (1) Civil Cover Sheet, # (2) Summons John Brannen, # (3) Summons Ray Greene, # (4) Summons Jeff Hobby, # (5) Summons Tyler Turner, # (6) Summons Brandi Whiddon)(GERAGHTY, SARAH) 1 Civil Cover Sheet View on PACER 2 Summons John Brannen View on PACER 3 Summons Ray Greene View on PACER 4 Summons Jeff Hobby View on PACER 5 Summons Tyler Turner View on PACER 6 Summons Brandi Whiddon View on PACER	June 1, 2017	RECAP
2	Consent Form (28 USC 636(c)(1)) sent to A.W., B.S., D.J., J.E., K.A., K.P., L.H., S.M., T.S. (mdm)	June 2, 2017	PACER
3	Summons Issued as to JOHN BRANNEN. (mdm)	June 2, 2017	PACER
4	Summons Issued as to RAY GREENE. (mdm)	June 2, 2017	PACER
5	Summons Issued as to JEFF HOBBY. (mdm)	June 2, 2017	PACER
6	Summons Issued as to TYLER TURNER. (mdm)	June 2, 2017	PACER
7	Summons Issued as to BRANDI WHIDDON. (mdm)	June 2, 2017	PACER
8	UNOPPOSED MOTION for Protective Order by A.W., B.S., D.J., J.E., K.A., K.P., L.H., S.M., T.S. filed by AARON MICHAEL LITTMAN. (Attachments: # (1) Text of Proposed Order Proposed Protective Order)(LITTMAN, AARON) 1 Text of Proposed Order Proposed Protective Order View on PACER	June 15, 2017	PACER
9	ORDER granting [8] Motion for Protective Order. Ordered by US DISTRICT JUDGE LESLIE J ABRAMS on 06/16/2017. (mdm)	June 16, 2017	PACER
10	AMENDED COMPLAINT re [1] Complaint, against JOHN BRANNEN, JEFF HOBBY, TYLER TURNER, BRANDI WHIDDON, DAVID CARMICHAEL, CHRIS BALTENBERGER, WESLEY CHAMBLESS, ANTHONY CRAVEY, SKYLER DUKE, KEVIN FORD, LISA HOUSE, PAUL KLEIN, CLAY LAWSON, TRUITT ODOM, RICHARD SANDERS, LISA STOCKS, JOHN SUMNER, DEIDRA TUCKER WHIDDON by D.J., B.S., K.P., J.E., T.S., L.H., K.A., S.M., A.W. (Attachments: # (1) Summons David Carmichael, # (2) Summons Chris Baltenberger, # (3) Summons Wesley Chambless, # (4) Summons Anthony Cravey, # (5) Summons Skyler Duke, # (6) Summons Kevin Ford, # (7) Summons Lisa House, # (8) Summons Paul Klein, # (9) Summons Clay Lawson, # (10) Summons Truitt Odom, # (11) Summons Richard Sanders, # (12) Summons Lisa Stocks, # (13) Summons John Sumner, # (14) Summons Deidra Tucker Whiddon)(LITTMAN, AARON) 1 Summons David Carmichael View on PACER 2 Summons Chris Baltenberger View on PACER 3 Summons Wesley Chambless View on PACER 4 Summons Anthony Cravey View on PACER 5 Summons Skyler Duke View on PACER 6 Summons Kevin Ford View on PACER 7 Summons Lisa House View on PACER 8 Summons Paul Klein View on PACER 9 Summons Clay Lawson View on PACER 10 Summons Truitt Odom View on PACER 11 Summons Richard Sanders View on PACER 12 Summons Lisa Stocks View on PACER 13 Summons John Sumner View on PACER 14 Summons Deidra Tucker Whiddon View on PACER	June 20, 2017	PACER
11	Summons Issued as to DAVID CARMICHAEL. (mdm)	June 21, 2017	PACER
12	Summons Issued as to CHRIS BALTENBERGER. (mdm)	June 21, 2017	PACER
13	Summons Issued as to WESLEY CHAMBLESS. (mdm)	June 21, 2017	PACER
14	Summons Issued as to ANTHONY CRAVEY. (mdm)	June 21, 2017	PACER
15	Summons Issued as to SKYLER DUKE. (mdm)	June 21, 2017	PACER
16	Summons Issued as to KEVIN FORD. (mdm)	June 21, 2017	PACER
17	Summons Issued as to LISA HOUSE. (mdm)	June 21, 2017	PACER
18	Summons Issued as to PAUL KLEIN. (mdm)	June 21, 2017	PACER
19	Summons Issued as to CLAY LAWSON. (mdm)	June 21, 2017	PACER
20	Summons Issued as to TRUITT ODOM. (mdm)	June 21, 2017	PACER
21	Summons Issued as to RICHARD SANDERS. (mdm)	June 21, 2017	PACER
22	Summons Issued as to LISA STOCKS. (mdm)	June 21, 2017	PACER
23	Summons Issued as to JOHN SUMNER. (mdm)	June 21, 2017	PACER
24	Summons Issued as to DEIDRA TUCKER WHIDDON. (mdm)	June 21, 2017	PACER
25	UNOPPOSED MOTION to Dismiss Party RAY GREENE, JOHN or JANE DOES 1-25 by K.P., T.S., K.A., D.J., B.S., J.E., L.H., S.M., A.W. filed by AARON MICHAEL LITTMAN. (Attachments: # (1) Text of Proposed Order)(LITTMAN, AARON) 1 Text of Proposed Order View on PACER	June 22, 2017	PACER
26	ORDER granting [25] Motion to Dismiss Party RAY GREENE and JOHN or JANE DOES 1-25. Ordered by US DISTRICT JUDGE LESLIE J ABRAMS on 06/23/2017. (mdm)	June 23, 2017	PACER
27	WAIVER OF SERVICE Returned Executed by All Plaintiffs. as to CHRIS BALTENBERGER, JOHN BRANNEN, DAVID CARMICHAEL, WESLEY CHAMBLESS, KEVIN FORD, JEFF HOBBY, LISA HOUSE, PAUL KLEIN, CLAY LAWSON, TRUITT ODOM, RICHARD SANDERS, LISA STOCKS, JOHN SUMNER (REDD, CRYSTAL)	July 13, 2017	PACER
28	WAIVER OF SERVICE Returned Executed by All Plaintiffs. as to ANTHONY CRAVEY, SKYLER DUKE, TYLER TURNER, BRANDI WHIDDON, DEIDRA TUCKER WHIDDON (REDD, CRYSTAL)	July 25, 2017	PACER
29	MOTION to Certify Class by A.W., B.S., D.J., J.E., K.A., K.P., L.H., S.M., T.S. filed by CRYSTAL REDD. (Attachments: # (1) Memorandum in Support Plaintiffs' Brief in Support of Motion for Class Certification)(REDD, CRYSTAL) 1 Memorandum in Support Plaintiffs' Brief in Support of Motion for Class Cert View on PACER	Aug. 4, 2017	PACER
30	NOTICE of Attorney Appearance by RICHARD K STRICKLAND on behalf of ANTHONY CRAVEY, SKYLER DUKE, TYLER TURNER, BRANDI WHIDDON, DEIDRA TUCKER WHIDDON Attorney RICHARD K STRICKLAND added to party ANTHONY CRAVEY(pty:dft), Attorney RICHARD K STRICKLAND added to party SKYLER DUKE(pty:dft), Attorney RICHARD K STRICKLAND added to party TYLER TURNER(pty:dft), Attorney RICHARD K STRICKLAND added to party BRANDI WHIDDON(pty:dft), Attorney RICHARD K STRICKLAND added to party DEIDRA TUCKER WHIDDON(pty:dft) (STRICKLAND, RICHARD)	Sept. 1, 2017	PACER
31	MOTION to Dismiss Complaint re [10] Amended Complaint,,, : by ANTHONY CRAVEY, SKYLER DUKE, TYLER TURNER, BRANDI WHIDDON, DEIDRA TUCKER WHIDDON filed by RICHARD K STRICKLAND. (Attachments: # (1) Memorandum in Support of Motion to Dismiss (in Part) Plaintiffs' Amended Complaint)(STRICKLAND, RICHARD) 1 Memorandum in Support of Motion to Dismiss (in Part) Plaintiffs' Amended Co View on PACER	Sept. 5, 2017	PACER
32	NOTICE of Attorney Appearance by RALEIGH ROLLINS on behalf of CHRIS BALTENBERGER, JOHN BRANNEN, DAVID CARMICHAEL, WESLEY CHAMBLESS, KEVIN FORD, JEFF HOBBY, LISA HOUSE, PAUL KLEIN, CLAY LAWSON, TRUITT ODOM, RICHARD SANDERS, LISA STOCKS, JOHN SUMNER Attorney RALEIGH ROLLINS added to party CHRIS BALTENBERGER(pty:dft), Attorney RALEIGH ROLLINS added to party JOHN BRANNEN(pty:dft), Attorney RALEIGH ROLLINS added to party DAVID CARMICHAEL(pty:dft), Attorney RALEIGH ROLLINS added to party WESLEY CHAMBLESS(pty:dft), Attorney RALEIGH ROLLINS added to party KEVIN FORD(pty:dft), Attorney RALEIGH ROLLINS added to party JEFF HOBBY(pty:dft), Attorney RALEIGH ROLLINS added to party LISA HOUSE(pty:dft), Attorney RALEIGH ROLLINS added to party PAUL KLEIN(pty:dft), Attorney RALEIGH ROLLINS added to party CLAY LAWSON(pty:dft), Attorney RALEIGH ROLLINS added to party TRUITT ODOM(pty:dft), Attorney RALEIGH ROLLINS added to party RICHARD SANDERS(pty:dft), Attorney RALEIGH ROLLINS added to party LISA STOCKS(pty:dft), Attorney RALEIGH ROLLINS added to party JOHN SUMNER(pty:dft) (ROLLINS, RALEIGH)	Sept. 5, 2017	PACER
33	UNOPPOSED MOTION for Extension of Time to File RESPONSE by A.W., B.S., D.J., J.E., K.A., K.P., L.H., S.M., T.S. filed by CRYSTAL REDD.(REDD, CRYSTAL)	Sept. 13, 2017	PACER
34	RULES 16/26 ORDER:Proposed Scheduling/Discovery order due by 10/26/2017. Ordered by US DISTRICT JUDGE LESLIE J ABRAMS on 9/26/2017. (Attachments: # (1) Required Form)(far) 1 Required Form View on PACER	Sept. 26, 2017	PACER
35	JOINT MOTION to Stay Scheduling Order and Discovery/Rule 26 obligations by ANTHONY CRAVEY, SKYLER DUKE, TYLER TURNER, BRANDI WHIDDON, DEIDRA TUCKER WHIDDON filed by RICHARD K STRICKLAND. (Attachments: # (1) Text of Proposed Order re Motion to Stay)(STRICKLAND, RICHARD) 1 Text of Proposed Order re Motion to Stay View on PACER	Oct. 10, 2017	PACER
36	ORDER granting [33] Motion for Extension of Time to File RESPONSE re [31] MOTION to Dismiss Complaint re [10] Amended Complaint; granting [35] Motion to Stay. Ordered by US DISTRICT JUDGE LESLIE J ABRAMS on 10/19/2017. (mdm)	Oct. 19, 2017	PACER
37	JOINT MOTION to Stay All Proceedings by A.W., B.S., D.J., J.E., K.A., K.P., L.H., S.M., T.S. filed by AARON MICHAEL LITTMAN.(LITTMAN, AARON)	Nov. 17, 2017	RECAP
38	ORDER granting [37] JOINT MOTION to Stay All Proceedings. The stay will automatically lift if the parties fail to file the proposed motion by December 4, 2017. Ordered by US DISTRICT JUDGE LESLIE J ABRAMS on 11/21/2017. (mdm)	Nov. 21, 2017	RECAP
39	JOINT MOTION for Leave to File Excess Pages for MEMORANDUM OF LAW IN SUPPORT OF JOINT MOTION FOR CONDITIONAL CERTIFCATION OF SETTLEMENT CLASS by A.W., B.S., D.J., J.E., K.A., K.P., L.H., S.M., T.S. filed by MARK A BEGNAUD. (Attachments: # (1) Proposed Order Proposed Order)(BEGNAUD, MARK) 1 Proposed Order Proposed Order View on PACER	Nov. 30, 2017	RECAP
40	JOINT MOTION to Certify Class by A.W., B.S., D.J., J.E., K.A., K.P., L.H., S.M., T.S. filed by CRYSTAL REDD. (Attachments: # (1) Memorandum in Support Memorandum of Law in Support of Motion, # (2) Exhibit Exhibit A-Settlement Agreement, # (3) Appendix Appendix A-Notice to Category 1, # (4) Appendix Appendix B- Notice to Category 2, # (5) Appendix Appendix C-Response Form, # (6) Appendix Appendix D-Opt Out Form, # (7) Exhibit Exhibit B-Attendance Records-UNDER SEAL PLACEHOLDER, # (8) Exhibit Exhibit C-Enrollment Spreadsheet-UNDER SEAL PLACEHOLDER, # (9) Exhibit Exhibit D-Notice for Publication, # (10) Proposed Order Exhibit E-Proposed Order, # (11) Exhibit Exhibit F-Categorization Methodology-UNDER SEAL PLACEHOLDER)(REDD, CRYSTAL) 1 Memorandum in Support Memorandum of Law in Support of Motion View on PACER 2 Exhibit Exhibit A-Settlement Agreement View on PACER 3 Appendix Appendix A-Notice to Category 1 View on PACER 4 Appendix Appendix B- Notice to Category 2 View on PACER 5 Appendix Appendix C-Response Form View on PACER 6 Appendix Appendix D-Opt Out Form View on PACER 7 Exhibit Exhibit B-Attendance Records-UNDER SEAL PLACEHOLDER View on PACER 8 Exhibit Exhibit C-Enrollment Spreadsheet-UNDER SEAL PLACEHOLDER View on PACER 9 Exhibit Exhibit D-Notice for Publication View on PACER 10 Proposed Order Exhibit E-Proposed Order View on PACER 11 Exhibit Exhibit F-Categorization Methodology-UNDER SEAL PLACEHOLDER View on PACER	Dec. 4, 2017	PACER
41	ORDER granting [39] Motion for Leave to File Excess Pages. Ordered by US DISTRICT JUDGE LESLIE J ABRAMS on 12/04/2017. (mdm)	Dec. 4, 2017	PACER
42	CERTIFICATE OF SERVICE by A.W., B.S., D.J., J.E., K.A., K.P., L.H., S.M., T.S. re [40] MOTION to Certify Class (REDD, CRYSTAL)	Dec. 5, 2017	PACER
43	JOINT MOTION to Seal Document(s) [40] MOTION to Certify Class by A.W., B.S., D.J., J.E., K.A., K.P., L.H., S.M., T.S. filed by CRYSTAL REDD. (Attachments: # (1) Proposed Order Proposed Order)(REDD, CRYSTAL) 1 Proposed Order Proposed Order View on PACER	Dec. 5, 2017	PACER
44	Order on Motion to Seal Document	Dec. 13, 2017	PACER
45	Sealed Document	Dec. 13, 2017	PACER
46	Sealed Document	Dec. 13, 2017	PACER
47	Sealed Document	Dec. 13, 2017	PACER
48	Order	March 23, 2018	RECAP
49	Motion to Seal Document(s)	April 2, 2018	PACER
50	Order on Motion to Seal Document	April 3, 2018	PACER
51	Sealed Document	April 4, 2018	PACER
52	Notice (Other)	April 6, 2018	PACER
53	Notice (Other) 1 Exhibit (Copy of Affidavit of Publication of Notice) View on RECAP	May 3, 2018	PACER
54	Status Conference	July 11, 2018	PACER
55	Motion to Certify Class 1 Exhibit Exhibit A - Proposed Order View on PACER	July 26, 2018	PACER
56	Motion to Seal Document(s)	July 26, 2018	PACER
57	Motion for Attorney Fees 1 Affidavit Declaration of Aaron Littman View on PACER 2 Affidavit Declaration of Mark Begnaud View on PACER	July 26, 2018	PACER
58	Order on Motion to Seal Document	Jan. 9, 2019	PACER
60	Sealed Document	Jan. 11, 2019	PACER
61	Order on Motion for Attorney Fees	Jan. 24, 2019	PACER
62	Notice (Other)	Feb. 14, 2019	RECAP
63	Motion to Withdraw as Attorney 1 Proposed Order View on PACER	July 1, 2019	PACER
64	Order on Motion to Withdraw as Attorney	July 10, 2019	PACER

State / Territory: Georgia

Case Type(s):

Education

Key Dates

Filing Date: June 1, 2017

Closing Date: July 11, 2018

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

All students seized and searched by Worth County Sheriff’s Office employees at Worth County High School on April 14, 2017, other than those identified on the Sheriff's target list.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Center for Human Rights (SCHR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Worth County Sheriff's Office (Sylvester, Worth), County

Defendant Type(s):

Law-enforcement