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Case: Georgia Advocacy Office v. Jackson

1:19-cv-01634 | U.S. District Court for the Northern District of Georgia

Filed Date: April 10, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 10, 2019, two female detainees in the South Fulton Municipal Regional Jail and the Georgia Advocacy Office filed this class action lawsuit in the U.S. District Court for the Northern District of Georgia. The plaintiff sued the Fulton County Sheriff’s Office and the South Fulton Municipal Jail under 42 U.S.C.§ 1983 and the Americans with Disabilities Act (ADA). The plaintiffs, represented by the Southern Center for Human Rights and the Georgia Advocacy Office, sought class certification…

On April 10, 2019, two female detainees in the South Fulton Municipal Regional Jail and the Georgia Advocacy Office filed this class action lawsuit in the U.S. District Court for the Northern District of Georgia. The plaintiff sued the Fulton County Sheriff’s Office and the South Fulton Municipal Jail under 42 U.S.C.§ 1983 and the Americans with Disabilities Act (ADA). The plaintiffs, represented by the Southern Center for Human Rights and the Georgia Advocacy Office, sought class certification, declaratory relief, preliminary and permanent injunctive relief, and damages. The plaintiffs alleged that the defendants violated the Eighth Amendment, Fourteenth Amendment Equal Protection Clause, and the Americans with Disabilities Act through their use of prolonged solitary confinement on individuals with mental disabilities; through conditions of confinement that deprived the plaintiffs of basic human needs; excluded plaintiffs and other women from the competency restoration program on the basis of sex; and by denying plaintiffs’ access to important services and programs solely by reason of their disabilities.

Over 200 female detainees within South Fulton Municipal Jail with psychiatric disabilities were detained in 23-hour solitary confinement. The conditions within the mental health pods deprived women of basic human needs. During visits to the South Fulton Jail, plaintiffs’ counsel described seeing women unresponsive on the floor, covered in their own food and feces, feces smeared on the walls, pods that had mold growing on the walls, urine puddles on the floor, and women sleeping on metal cots without any bedding. Plaintiffs described that they spent on average less than one hour per day outside of their cells to the pod common area often alone and unable to have any social interactions with others. The plaintiffs argued that the solitary confinement and the totality of the conditions increased their risk of psychological harm. No programs or therapy were provided to the female detainees in the South Fulton Municipal Jail. In contrast, male detainees in the Fulton County Jail system with mental disabilities were provided with therapeutic restorative programs.

On April 12, 2019, the plaintiffs moved to certify a principal class that consisted of women who experienced mental disabilities and were or would be in the future confined in the Fulton County Jail system, and a subclass for women who experienced mental disabilities who were or would be deemed incompetent to stand trial while confined in the Fulton County Jail system. Defendants moved to dismiss the class action on May 3, 2019. They argued that the plaintiffs failed to state a proper claim upon which relief could be granted against the defendants. Further, the defendants argued that: (1) they had Eleventh Amendment immunity from all claims in their official capacities; (2) even under the assumption that the plaintiffs’ claims were true, the Fourteenth Amendment did not prohibit the plaintiffs from having limited out of cell time; and (3) the plaintiffs did not fully exhaust their administrative remedies under the Prison Litigation Reform Act (PLRA).

On May 7, 2019, the plaintiffs moved for a preliminary injunction ordering the defendants to remedy unconstitutional conditions in the South Fulton Municipal Regional Jail. The plaintiffs requested that the court order for defendants to offer at least four hours of daily out of cell time to all female detainees in the mental health pods, including one hour per day of outdoor time; and within a month, establish and present the Court for approval a plan to be implemented within another month for providing a medically sound environment for women with mental disabilities. The defendants filed an amended motion to dismiss. The amended motion brief provided the same arguments as the original, with the addition of several affidavits from the defendants.

On July 23, 2019, Judge William M. Ray granted plaintiffs' motion for preliminary injunction. The court granted the motion because: plaintiffs were likely to prevail on the merits of their claim that defendants were deliberately indifferent to the mental health needs of the plaintiffs; the defendants had discriminated against the plaintiffs; and that the potential for harm to the plaintiffs outweighed potential harm to the defendants. Defendants were ordered to: (1) within 7 days to develop a system to monitor plaintiffs' out of cell time and permit each woman to at least three hours of free time; (2) within 30 days offer at least four hours of out of cell time; and (3) establish and file a plan with the court outlining how to provide sanitary conditions and out of cell therapeutic programs.

On July 30, 2019, Judge Ray denied defendant's motion to dismiss, finding that the dismissal was not warranted based on immunity, failure to state a claim, or lack of exhaustion.

On August 20, 2019, the defendants filed a motion for reconsideration of the preliminary injunction order.

On September 10, 2019, Judge Ray granted in part and denied in part plaintiffs' motion for class certification. The class was defined as "a psychiatric disability class consisting of all women who experience psychiatric disabilities who are now or will in the future be confined in the mental health pods for female detainees in the Fulton County Jail system." But the court declined to certify the requested subclass.

On October 18, 2019, the defendants appealed the court's order for preliminary injunction to the Eleventh Circuit (Docket No. 19-14227). But in the district court, the parties continued with discovery and the plaintiffs sent requests for interrogatories and discovery to the defendants.

On December 6, 2019, the plaintiffs moved to modify the preliminary injunction to reflect changes made by the defendants regarding housing for women with psychiatric disabilities. The plaintiffs discovered that the South Fulton Jail began housing these women in the "G-Pod"—a disciplinary segregation unit where women were given one hour per day or less out-of-cell time. The plaintiffs requested that the preliminary injunction also cover these women so that they would also be provided adequate mental health care. Regarding this motion, at the hearing on February 14, 2020, the court granted the request to extend the injunction to cover women who would qualify for the protection in the original order, regardless of their housing assignment. The February 26 order provided the court’s legal analysis: in light of the jail’s reconfiguration, the original injunction was both over- and under-inclusive, as G-pod housed women without psychiatric disabilities while women with those disabilities in other pods were excluded. And the district court had the authority to modify it in this limited and minimally intrusive way, finding that it created no new obligations for the jail beyond what the court had already ordered. Additionally, the court found that the phrase “makes the order final,” in 18 U.S.C. §3626(a)(2), a portion of the PLRA, permitted the court to extend the preliminary injunction beyond the 90-day period provided by the statute.

Shortly after, in March 2020, the parties filed a joint motion to stay the discovery period because of the COVID-19 pandemic, which the court granted on May 31, 2020. On May 19, however, the court did grant the defendants’ motion for clarification on its modification order, such that “a psychiatric disability” means “a serious mental illness, as classified by the Sheriff and his designees.”

Discovery disputes continued in the district court, the defendants filed a motion for summary judgment on January 27, 2021 and the plaintiffs filed their respective response motion on March 2, 2021. Subsequently, the plaintiffs filed a contempt motion, alleging the defendants’ failure to comply with the preliminary injunction on March 26, 2021.

Regarding the defendants’ appeal, on July 14, 2021, the Eleventh Circuit Court of Appeals found that the July 23, 2019, preliminary injunction had expired under the PLRA. The panel, composed of Judges Tjoflat, Wilson, and Grant, vacated the preliminary injunction, and thus found that the appeal was moot. It disagreed with the district court’s interpretation of 18 U.S.C. §3626(a)(2). Under the text of the PLRA, the Eleventh Circuit reasoned, the entry of a permanent injunction is necessary to prevent a preliminary injunction from expiring after 90 days. Judge Wilson dissented, arguing the PLRA does not require a permanent injunction be issued to prevent a preliminary injunction from expiring after 90 days, the case was not moot, and the finalized preliminary injunction complied with the PLRA. 4 F.4th 1200.

Back in the district court on the same day, Judge Ray found that because of the Eleventh Circuit decision, the plaintiffs’ contempt motion was moot.

On July 23, 2021, the plaintiffs filed a motion for a second preliminary injunction. 

Two months later, on September 13, 2021, the Court granted the defendants' motion for summary judgment with respect to claims against specific parties, but the Court retained the claims against the Sheriff of Fulton County. The Court also granted the defendants' motion for summary judgment with respect to the plaintiffs' equal protection claim, but the Court retained the rest of the plaintiffs' claims.

Subsequently, the parties submitted a proposed settlement agreement (Agreement) to the Court on November 1, 2021, which was preliminarily approved by Judge William M. Ray II on January 18, 2022. Some highlights in the Agreement are that Defendant shall offer at least four hours of daily out-of-cell time to each Covered Person, five days per week. At least one hour per day of that time shall include access to a Yard or Gymnasium. The Defendant also agreed to offer out-of-cell therapeutic activities to Covered Persons, including art therapy, meditation, and group counseling.  The Agreement also included providing Covered Persons access to reading materials, clean drinking water, toiletries, and personal hygiene items. The Agreement also included specifications for training correctional staff on how to work with people who experience psychiatric disabilities. During the Agreement's enforcement period, the parties will have regular monitoring meetings, the defendants will give plaintiffs access to certain data and records, and plaintiffs will conduct on-site visits.

The Defendant agreed to reimburse Plaintiffs for statutorily permissible costs. The county agreed to pay $1.2 million in legal fees and costs in conjunction with the Agreement. 

In the final approved settlement agreement, approved April 4, 2022, the parties agreed that the case would be administratively closed for a year from the execution of the Agreement and, as long as after the year all the measures are implemented without a material breach, the case would be closed. Unless an implementation issue arises, the case will be closed on April 4, 2023. 

Summary Authors

Kimberly Goshey (6/11/2019)

Chelsea Rinnig (1/15/2020)

Lily Sawyer-Kaplan (8/30/2021)

Nina Leeds (10/11/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/15956148/parties/georgia-advocacy-office-v-labat/


Judge(s)

Grant, Britt Cagle (Georgia)

Ray, William McCrary II (Georgia)

Tjoflat, Gerald Bard (Florida)

Wilson, Charles R. (Florida)

Attorneys(s) for Plaintiff

Caplan, Michael A. (Georgia)

Geraghty, Sarah E. (Georgia)

Hollie, Atteeyah Eshe (Georgia)

Klorfein, Jarred A (Georgia)

Kuhns, Anne Jessamyn Isham (Georgia)

Littman, Aaron Michael (Georgia)

Judge(s)

Grant, Britt Cagle (Georgia)

Ray, William McCrary II (Georgia)

Tjoflat, Gerald Bard (Florida)

Wilson, Charles R. (Florida)

Attorneys(s) for Plaintiff

Caplan, Michael A. (Georgia)

Geraghty, Sarah E. (Georgia)

Hollie, Atteeyah Eshe (Georgia)

Klorfein, Jarred A (Georgia)

Kuhns, Anne Jessamyn Isham (Georgia)

Littman, Aaron Michael (Georgia)

Orland, Devon (Georgia)

Primerano, Ryan (Georgia)

Attorneys(s) for Defendant

Arrington, Michelle (Georgia)

Blaylock, Thomas (Georgia)

Burwell, Kaye Woodard (Georgia)

Joiner, Amelia Michele (Georgia)

Moore-Palmer, Ashley Jenell (Georgia)

Rosenberg, Steven E. (Georgia)

Other Attorney(s)

Hughes, Aileen Bell (Georgia)

Documents in the Clearinghouse

Document

1:19-cv-01634

0:19-14227

Docket [PACER]

Aug. 25, 2021

Aug. 25, 2021

Docket
1

1:19-cv-01634

Class Action Complaint

April 10, 2019

April 10, 2019

Complaint
65

1:19-cv-01634

Order

July 23, 2019

July 23, 2019

Order/Opinion
70

1:19-cv-01634

Order

July 30, 2019

July 30, 2019

Order/Opinion
86

1:19-cv-01634

Order

Sept. 10, 2019

Sept. 10, 2019

Order/Opinion
143

1:19-cv-01634

Order

Feb. 26, 2020

Feb. 26, 2020

Order/Opinion

0:19-14227

Opinion of the Court

U. S. Court of Appeals for the Eleventh Circuit

July 14, 2021

July 14, 2021

Order/Opinion
321

1:19-cv-01634

Order

Georgia Advocacy Office v. Labat

Sept. 13, 2021

Sept. 13, 2021

Order/Opinion
328-1

1:19-cv-01634

Settlement Agreement

Nov. 1, 2021

Nov. 1, 2021

Settlement Agreement
329

1:19-cv-01634

Preliminary Approval Order

Jan. 18, 2022

Jan. 18, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15956148/georgia-advocacy-office-v-labat/

Last updated Oct. 30, 2022, 12:18 p.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT filed by Georgia Advocacy Office, K.H. and M.J.. (Filing fee $400.00, receipt number 113E-8571320) (Attachments: # 1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified text on 4/11/2019 (eop). (Entered: 04/11/2019)

1 Civil Cover Sheet

View on PACER

April 10, 2019

April 10, 2019

Clearinghouse
2

Certificate of Interested Persons by Georgia Advocacy Office, K.H. and M.J.. (eop) (Entered: 04/11/2019)

April 10, 2019

April 10, 2019

PACER
3

Electronic Summons Issued as to Theodore Jackson. (eop) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
4

Electronic Summons Issued as to Mark Adger. (eop) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
5

Electronic Summons Issued as to Meredieth Lightbourne. (eop) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
6

Electronic Summons Issued as to Tyna Taylor. (eop) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER
7

Electronic Summons Issued as to Pearlie Young. (eop) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

PACER

Clerks Notation for LOA/CIP

April 11, 2019

April 11, 2019

PACER

Clerks Notation re 2 Certificate of Interested Persons READ and APPROVED by Magistrate Judge Janet F. King. (kts)

April 11, 2019

April 11, 2019

PACER
8

MOTION to Certify Class with Brief In Support by Georgia Advocacy Office, K.H., M.J.. (Attachments: # 1 Brief in Support of Plaintiffs' Motion to Certify Class)(Primerano, Ryan) (Entered: 04/12/2019)

1 Brief in Support of Plaintiffs' Motion to Certify Class

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April 12, 2019

April 12, 2019

PACER
9

Return of Service Executed by M.J., Georgia Advocacy Office, K.H.. Theodore Jackson served on 4/12/2019, answer due 5/3/2019. (Primerano, Ryan) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

PACER
10

ORDER: IT IS ORDERED that the claims by Plaintiffs M.J. and K.H. shall be ALLOWED TO PROCEED, without prejudice to Defendants' right to pursue Fed. R. Civ. P. 12(b) defenses. The Court does not address at this time class certification or the Georgia Advocacy Office's associational standing re 8 . Signed by Magistrate Judge Janet F. King on 4/18/19. (rlb) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
11

MOTION for Leave to Proceed Anonymously with Brief In Support by Georgia Advocacy Office, K.H., M.J.. (Attachments: # 1 Brief)(Littman, Aaron) (Entered: 04/19/2019)

1 Brief

View on PACER

April 19, 2019

April 19, 2019

PACER

Submission to Magistrate Judge

April 30, 2019

April 30, 2019

PACER

Submission of 8 MOTION to Certify Class, to Magistrate Judge Janet F. King. (rlb)

April 30, 2019

April 30, 2019

PACER
12

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Mark Adger, Theodore Jackson, Meredieth Lightbourne, Tyna Taylor, Pearlie Young. (Attachments: # 1 Brief, # 2 Exhibit Fulton County Jail Inmate Handbook)(Palmer, Ashley) (Entered: 05/03/2019)

1 Brief

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2 Exhibit Fulton County Jail Inmate Handbook

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May 3, 2019

May 3, 2019

PACER
13

Emergency MOTION for Extension of Time to File a Response re: 8 MOTION to Certify Class, 11 MOTION for Leave to Proceed Anonymously with Brief In Support by Mark Adger, Theodore Jackson, Meredieth Lightbourne, Tyna Taylor, Pearlie Young. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Palmer, Ashley) . (Entered: 05/06/2019)

1 Exhibit A

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2 Exhibit B

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3 Text of Proposed Order

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May 6, 2019

May 6, 2019

PACER
14

ORDER: IT IS ORDERED that Defendants' emergency motion for an extension of time 13 is GRANTED and that Defendants shall have until May 20, 2019, in which to respond to Plaintiffs motions to certify class and for leave to proceed anonymously. Signed by Magistrate Judge Janet F. King on 5/7/19. (rlb) (Entered: 05/07/2019)

May 7, 2019

May 7, 2019

PACER
15

MOTION for Leave to File Excess Pages with Brief In Support by Georgia Advocacy Office, K.H., M.J.. (Attachments: # 1 Exhibit A: Brief in Support of Motion for Preliminary Injunction, # 2 Exhibit B: Proposed Order Granting Leave to Exceed Page Limitation)(Primerano, Ryan) (Entered: 05/07/2019)

1 Exhibit A: Brief in Support of Motion for Preliminary Injunction

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2 Exhibit B: Proposed Order Granting Leave to Exceed Page Limitation

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May 7, 2019

May 7, 2019

PACER
16

MOTION for Preliminary Injunction with Brief In Support by Georgia Advocacy Office, K.H., M.J.. (Attachments: # 1 Brief in Support of Motion for Preliminary Injunction, # 2 Exhibit A: Redacted Declarations of Women Held in the South Fulton Jail (Ex. A-1 to A-7), # 3 Exhibit B: Representative Photographs of the Mental Health Pods at the South Fulton Jail, # 4 Exhibit C: (Under Seal) Medical Records Excerpts (Ex. C-1 to C-5), # 5 Exhibit D: Records Concerning Death of Kesha Brownlee (Ex. D-1 to D-2), # 6 Exhibit E-1: (Under Seal) East Wing Logbook, Dec. 1 to 31, 2018, # 7 Exhibit E-2: (Under Seal) East Wing Logbook, Jan. 1. To 15, 2019, # 8 Exhibit E-3: (Under Seal) East Wing Logbook, Jan. 16 to 31, 2019, # 9 Exhibit E-4: (Under Seal) East Wing Logbook, Feb. 1 to 14, 2019, # 10 Exhibit E-5: (Under Seal) East Wing Logbook, Feb. 15 to 28, 2019, # 11 Exhibit E-6: (Under Seal) East Wing Logbook, Mar. 1 to 15, 2019, # 12 Exhibit E-7: (Under Seal) East Wing Logbook, Mar. 16 to 29, 2019, # 13 Exhibit F-1: (Under Seal) West Wing Logbook, Jan. 1 to 15, 2019, # 14 Exhibit F-2: (Under Seal) West Wing Logbook, Jan. 16 to 31, 2019, # 15 Exhibit F-3: (Under Seal) West Wing Logbook, Feb. 1 to 14, 2019, # 16 Exhibit F-4: (Under Seal) West Wing Logbook, Feb. 15 to 28, 2019, # 17 Exhibit F-5: (Under Seal) West Wing Logbook, Mar. 1 to 15, 2019, # 18 Exhibit F-6: Placeholder for West Wing Logbook, Mar. 16 to 29, 2019, # 19 Exhibit G: Background Materials Concerning Detainees Experiencing Psychiatric Disabilities (Ex. G-1 to G-4), # 20 Exhibit H: Jail Census Report, Apr. 30, 2019, # 21 Exhibit I: Relevant South Fulton Jail Policies (Ex. I-1 to I-6), # 22 Exhibit J: Fulton County Gov't, Contract No. 17RFP07012016B-BR, Inmate Medical Services for Sheriffs Dep't)(Primerano, Ryan) (Entered: 05/07/2019)

1 Brief in Support of Motion for Preliminary Injunction

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2 Exhibit A: Redacted Declarations of Women Held in the South Fulton Jail (Ex. A-1

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3 Exhibit B: Representative Photographs of the Mental Health Pods at the South Ful

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4 Exhibit C: (Under Seal) Medical Records Excerpts (Ex. C-1 to C-5)

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5 Exhibit D: Records Concerning Death of Kesha Brownlee (Ex. D-1 to D-2)

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6 Exhibit E-1: (Under Seal) East Wing Logbook, Dec. 1 to 31, 2018

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7 Exhibit E-2: (Under Seal) East Wing Logbook, Jan. 1. To 15, 2019

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8 Exhibit E-3: (Under Seal) East Wing Logbook, Jan. 16 to 31, 2019

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9 Exhibit E-4: (Under Seal) East Wing Logbook, Feb. 1 to 14, 2019

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10 Exhibit E-5: (Under Seal) East Wing Logbook, Feb. 15 to 28, 2019

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11 Exhibit E-6: (Under Seal) East Wing Logbook, Mar. 1 to 15, 2019

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12 Exhibit E-7: (Under Seal) East Wing Logbook, Mar. 16 to 29, 2019

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13 Exhibit F-1: (Under Seal) West Wing Logbook, Jan. 1 to 15, 2019

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14 Exhibit F-2: (Under Seal) West Wing Logbook, Jan. 16 to 31, 2019

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15 Exhibit F-3: (Under Seal) West Wing Logbook, Feb. 1 to 14, 2019

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16 Exhibit F-4: (Under Seal) West Wing Logbook, Feb. 15 to 28, 2019

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17 Exhibit F-5: (Under Seal) West Wing Logbook, Mar. 1 to 15, 2019

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18 Exhibit F-6: Placeholder for West Wing Logbook, Mar. 16 to 29, 2019

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19 Exhibit G: Background Materials Concerning Detainees Experiencing Psychiatric Di

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20 Exhibit H: Jail Census Report, Apr. 30, 2019

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21 Exhibit I: Relevant South Fulton Jail Policies (Ex. I-1 to I-6)

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22 Exhibit J: Fulton County Gov't, Contract No. 17RFP07012016B-BR, Inmate Medi

View on PACER

May 7, 2019

May 7, 2019

PACER
17

PROVISIONALLY SEALED NOTICE Of Filing of Exhibits in Support of Plaintiffs' Motion for Preliminary Injunction by Georgia Advocacy Office, K.H., M.J. re 16 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A: Declarations of Women Held in the South Fulton Jail (Ex. A-1 to A-7), # 2 Exhibit C: Medical Records Excerpts (Ex. C-1 to C-5), # 3 Exhibit E-1: East Wing Logbook, Dec. 1 to 31, 2018, # 4 Exhibit E-2: East Wing Logbook, Jan. 1. To 15, 2019, # 5 Exhibit E-3: East Wing Logbook, Jan. 16 to 31, 2019, # 6 Exhibit E-4: East Wing Logbook, Feb. 1 to 14, 2019, # 7 Exhibit E-5: East Wing Logbook, Feb. 15 to 28, 2019, # 8 Exhibit E-6: East Wing Logbook, Mar. 1 to 15, 2019, # 9 Exhibit E-7: East Wing Logbook, Mar. 16 to 29, 2019, # 10 Exhibit F-1: West Wing Logbook, Jan. 1 to 15, 2019, # 11 Exhibit F-2: West Wing Logbook, Jan. 16 to 31, 2019, # 12 Exhibit F-3: West Wing Logbook, Feb. 1 to 14, 2019, # 13 Exhibit F-4: West Wing Logbook, Feb. 15 to 28, 2019, # 14 Exhibit F-5: West Wing Logbook, Mar. 1 to 15, 2019, # 15 Exhibit F-6: West Wing Logbook, Mar. 16 to 29, 2019)(Primerano, Ryan) (Entered: 05/07/2019)

May 7, 2019

May 7, 2019

PACER
18

MOTION for Leave to File Matters Under Seal re: 17 Notice of Filing,,,, with Brief In Support by Georgia Advocacy Office, K.H., M.J.. (Primerano, Ryan) (Entered: 05/07/2019)

May 7, 2019

May 7, 2019

PACER

Submission of 13 Emergency MOTION for Extension of Time to File a Response re: 8 MOTION to Certify Class, 11 MOTION for Leave to Proceed Anonymously, and 11 MOTION for Leave to Proceed Anonymously, to Magistrate Judge Janet F. King. (rlb)

May 7, 2019

May 7, 2019

PACER

Submission to Magistrate Judge

May 7, 2019

May 7, 2019

PACER
19

MOTION for Leave to File Defendants' Amended Motion to Dismiss with Brief In Support by Mark Adger, Theodore Jackson, Meredieth Lightbourne, Tyna Taylor, Pearlie Young. (Attachments: # 1 Brief, # 2 Exhibit Defendants' Amended Motion to Dismiss, # 3 Exhibit Brief in Support of Defendants' Amended Motion to Dismiss, # 4 Exhibit Fulton County Jail Inmate Handbook, # 5 Affidavit Adger Aff., # 6 Affidavit Taylor Aff., # 7 Affidavit Young Aff., # 8 Affidavit Lightbourne Aff., # 9 Affidavit Jackson Aff.)(Palmer, Ashley) (Entered: 05/10/2019)

1 Brief

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2 Exhibit Defendants' Amended Motion to Dismiss

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3 Exhibit Brief in Support of Defendants' Amended Motion to Dismiss

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4 Exhibit Fulton County Jail Inmate Handbook

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5 Affidavit Adger Aff.

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6 Affidavit Taylor Aff.

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7 Affidavit Young Aff.

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8 Affidavit Lightbourne Aff.

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9 Affidavit Jackson Aff.

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May 10, 2019

May 10, 2019

PACER
20

Petition for Leave of Absence for the following date(s): May 16, 17, 23, 24 and July 3, 4, 5 2019, by Ashley Jenell Moore Palmer. (Palmer, Ashley) (Entered: 05/13/2019)

May 13, 2019

May 13, 2019

PACER
21

Unopposed MOTION for Extension of Time re: 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Georgia Advocacy Office, K.H., M.J.. (Attachments: # 1 Text of Proposed Order Granting Seven-Day Extension of Time to Respond to Motion to Dismiss)(Primerano, Ryan) (Entered: 05/15/2019)

1 Text of Proposed Order Granting Seven-Day Extension of Time to Respond to Motion

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May 15, 2019

May 15, 2019

PACER
22

ORDER: IT IS ORDERED that Defendants' motion to amend their motion to dismiss 19 is GRANTED and that Defendants' amended motion to dismiss [19-2] is deemed their operative motion to dismiss in this action. IT IS ORDERED that Plaintiffs' motion for an extension of time 21 is GRANTED in that Plaintiffs shall have until May 24, 2019, in which to respond to Defendants' operative motion to dismiss in this action. The Clerk of Court is DIRECTED to TERMINATE Defendants' initial motion to dismiss 12, which is superseded and replaced by Defendants' amended motion to dismiss and supporting documents [19-2 through 19-9]. Signed by Magistrate Judge Janet F. King on 5/17/19. (rlb) (Entered: 05/17/2019)

May 17, 2019

May 17, 2019

PACER
23

Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Mark Adger, Theodore Jackson, Meredieth Lightbourne, Tyna Taylor, Pearlie Young. (Attachments: # 1 Exhibit Brief in Support of Defendants' Amended Motion to Dismiss, # 2 Exhibit Fulton County Jail Inmate Handbook, # 3 Affidavit Adger, # 4 Affidavit Taylor, # 5 Affidavit Young, # 6 Affidavit Lightbourne, # 7 Affidavit Jackson) pursuant to Order 22 (rlb) (Entered: 05/17/2019)

1 Exhibit Brief in Support of Defendants' Amended Motion to Dismiss

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2 Exhibit Fulton County Jail Inmate Handbook

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3 Affidavit Adger

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4 Affidavit Taylor

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5 Affidavit Young

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6 Affidavit Lightbourne

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7 Affidavit Jackson

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May 17, 2019

May 17, 2019

PACER
24

Unopposed MOTION for Leave to File Excess Pages with Brief In Support by Georgia Advocacy Office, K.H., M.J.. (Attachments: # 1 Text of Proposed Order Granting Leave to File 27-Page Response Brief)(Primerano, Ryan) (Entered: 05/20/2019)

1 Text of Proposed Order Granting Leave to File 27-Page Response Brief

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May 20, 2019

May 20, 2019

PACER
25

RESPONSE in Opposition re 8 MOTION to Certify Class filed by Mark Adger, Fulton County, Georgia, Theodore Jackson, Meredieth Lightbourne, Tyna Taylor, Pearlie Young. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Palmer, Ashley) (Entered: 05/20/2019)

1 Exhibit A

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2 Exhibit B

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May 20, 2019

May 20, 2019

PACER
26

RESPONSE in Opposition re 16 MOTION for Preliminary Injunction filed by Mark Adger, Theodore Jackson, Meredieth Lightbourne, Tyna Taylor, Pearlie Young. (Attachments: # 1 Affidavit)(Palmer, Ashley) (Entered: 05/21/2019)

1 Affidavit

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May 21, 2019

May 21, 2019

PACER

Submission to Magistrate Judge

May 21, 2019

May 21, 2019

PACER

Submission of 11 MOTION for Leave to Proceed Anonymously, to Magistrate Judge Janet F. King. (rlb)

May 21, 2019

May 21, 2019

PACER
27

ORDER: For good cause shown, IT IS ORDERED that Plaintiffs motion 24 is GRANTED. Signed by Magistrate Judge Janet F. King on 5/22/19. (rlb) (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

PACER
28

Affidavit in Support of 26 Response in Opposition to Motion Amended by Mark Adger. (Palmer, Ashley) Modified on 5/23/2019 to edit text (rlb). (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

PACER
29

NOTICE by Georgia Advocacy Office, K.H., M.J. Pursuant to Local Rule 23.1(C)(2) (Geraghty, Sarah) (Entered: 05/23/2019)

May 23, 2019

May 23, 2019

PACER
30

RESPONSE in Opposition re 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Georgia Advocacy Office, K.H., M.J.. (Attachments: # 1 Exhibit A: Declaration of B.W. (Redacted), # 2 Exhibit B: Declaration of A.R. (Redacted), # 3 Exhibit C: Securus Technologies, Inc., Topical Training Agenda, Apr. 19, 2019, # 4 Exhibit D: Photographs of M.J.s Grievance Regarding Competency Restoration (Redacted))(Littman, Aaron) (Entered: 05/24/2019)

1 Exhibit A: Declaration of B.W. (Redacted)

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2 Exhibit B: Declaration of A.R. (Redacted)

View on PACER

3 Exhibit C: Securus Technologies, Inc., Topical Training Agenda, Apr. 19, 2019

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4 Exhibit D: Photographs of M.J.s Grievance Regarding Competency Restoration (Reda

View on PACER

May 24, 2019

May 24, 2019

PACER
31

SEALED NOTICE Of Filing of Exhibits in Support of Plaintiffs' Response in Opposition to Defendants' Amended Motion to Dismiss by Georgia Advocacy Office, K.H., M.J. re 30 Response in Opposition to Motion, (Attachments: # 1 Exhibit A: Declaration of B.W. (Unredacted), # 2 Exhibit B: Declaration of A.R. (Unredacted), # 3 Exhibit D: Photographs of M.J.'s Grievance Regarding Competency Restoration (Unredacted))(Primerano, Ryan) Modified on 7/3/2019 to remove provisional seal (rlb). (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
32

MOTION for Leave to File Matters Under Seal re: 31 Notice of Filing,, with Brief In Support by Georgia Advocacy Office, K.H., M.J.. (Primerano, Ryan) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER

Submission to Magistrate Judge

May 28, 2019

May 28, 2019

PACER

Submission of 15 MOTION for Leave to File Excess Pages, and 18 MOTION for Leave to File Matters Under Seal re: 17 Notice of Filing, to Magistrate Judge Janet F. King. (rlb)

May 28, 2019

May 28, 2019

PACER
33

Unopposed MOTION for Leave to File Excess Pages with Brief In Support by Georgia Advocacy Office, K.H., M.J.. (Attachments: # 1 Text of Proposed Order Granting Leave to File 28-Page Reply Brief)(Primerano, Ryan) (Entered: 05/30/2019)

1 Text of Proposed Order Granting Leave to File 28-Page Reply Brief

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May 30, 2019

May 30, 2019

PACER
34

Unopposed MOTION for Leave to File Excess Pages (Amended) with Brief In Support by Georgia Advocacy Office, K.H., M.J.. (Attachments: # 1 Exhibit A: Plaintiffs' Reply in Support of Motion for Class Certification, # 2 Text of Proposed Order Granting Leave to File 27-Page Reply Brief)(Littman, Aaron) (Entered: 06/03/2019)

1 Exhibit A: Plaintiffs' Reply in Support of Motion for Class Certification

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2 Text of Proposed Order Granting Leave to File 27-Page Reply Brief

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June 3, 2019

June 3, 2019

PACER
35

ORDER granting 15 and 33 Motions for Leave to File Excess Pages. Signed by Magistrate Judge Janet F. King on 6/3/2019. (rjs) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
36

REPLY BRIEF re 8 MOTION to Certify Class filed by Georgia Advocacy Office, K.H., M.J.. (Littman, Aaron) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
37

ORDER: Plaintiffs' amended unopposed motion is essentially identical to their initial unopposed motion which requested the Court to allow Plaintiffs to file a twenty-eight page reply brief in support of their motion for class certification. Plaintiffs have since filed their reply brief. Accordingly, Plaintiffs' most recent motion 34 is DENIED as moot. Signed by Magistrate Judge Janet F. King on 6/4/19. (rlb) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
38

REPLY to Response to Motion re 16 MOTION for Preliminary Injunction filed by Georgia Advocacy Office, K.H., M.J.. (Attachments: # 1 Exhibit K: Redacted Declaration of Jeffrey L. Metzner, M.D., # 2 Exhibit L: Redacted Declaration of S.H.P., # 3 Exhibit M: Redacted Additional Declarations of Women Held in the South Fulton Jail (Ex. M-1 to M-3), # 4 Exhibit N: Representative Settlements and Policies Concerning Segregation of People with Psychiatric Disabilities (Ex. N-1 to N-8), # 5 Appendix List of Plaintiffs' Exhibits in Support of Motion for Preliminary Injunction)(Primerano, Ryan) (Entered: 06/04/2019)

1 Exhibit K: Redacted Declaration of Jeffrey L. Metzner, M.D.

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2 Exhibit L: Redacted Declaration of S.H.P.

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3 Exhibit M: Redacted Additional Declarations of Women Held in the South Fulton Ja

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4 Exhibit N: Representative Settlements and Policies Concerning Segregation of Peo

View on PACER

5 Appendix List of Plaintiffs' Exhibits in Support of Motion for Preliminary

View on PACER

June 4, 2019

June 4, 2019

RECAP
39

SEALED NOTICE Of Filing of Exhibits in Support of Plaintiffs' Motion for Preliminary Injunction by Georgia Advocacy Office, K.H., M.J. re 38 Reply to Response to Motion,, 16 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit K: Unredacted Declaration of Jeffrey L. Metzner, M.D., # 2 Exhibit L: Unredacted Declaration of S.H.P., # 3 Exhibit M: Unredacted Additional Declarations of Women Held in the South Fulton Jail (Ex. M-1 to M-3))(Primerano, Ryan) Modified on 7/3/2019 to remove provisional seal (rlb). (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
40

MOTION for Leave to File Matters Under Seal re: 39 Notice of Filing,, with Brief In Support by Georgia Advocacy Office, K.H., M.J.. (Primerano, Ryan) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
41

Petition for Leave of Absence for the following date(s): June 27-28, 2019 August 12-16, 2019 October 4, 9, 10, 11, 14, 2019 December 23, 24, 25, 26, 27, 30, 2019, by Michelle Arrington. (Arrington, Michelle) (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

PACER

Submission of 16 MOTION for Preliminary Injunction and 8 MOTION to Certify Class, to Magistrate Judge Janet F. King. (rlb)

June 5, 2019

June 5, 2019

PACER

Submission to Magistrate Judge

June 5, 2019

June 5, 2019

PACER
42

Petition for Leave of Absence for the following date(s): July 2, 2019-July 12, 2019, by Sarah E. Geraghty. (Attachments: # 1 Text of Proposed Order)(Geraghty, Sarah) (Entered: 06/07/2019)

1 Text of Proposed Order

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June 7, 2019

June 7, 2019

PACER

Submission of 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and 32 MOTION for Leave to File Matters Under Seal re: 31 Notice of Filing, to Magistrate Judge Janet F. King. (rlb)

June 11, 2019

June 11, 2019

PACER

Submission to Magistrate Judge

June 11, 2019

June 11, 2019

PACER
43

Amicus Curiae APPEARANCE entered by Aileen Bell Hughes on behalf of United States of America. (Attachments: # 1 Exhibit 1 - Investigation of the Hampton Roads Regional Jail)(Hughes, Aileen) Modified on 6/20/2019 to edit appearance information (rlb). (Entered: 06/20/2019)

1 Exhibit 1 - Investigation of the Hampton Roads Regional Jail

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June 20, 2019

June 20, 2019

PACER

Notification of Docket Correction

June 20, 2019

June 20, 2019

PACER

Notification of Docket Correction re 43 Amicus Curiae Appearance entered by Aileen Bell Hughes on behalf of United States of America.(rlb)

June 20, 2019

June 20, 2019

PACER
44

MOTION for Scheduling Conference 16 MOTION for Preliminary Injunction with Brief In Support by Georgia Advocacy Office, K.H., M.J.. (Primerano, Ryan) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

PACER
45

ORDER Setting Hearing on Motion for Scheduling Conference 44 to be heard on Wednesday, June 26, 2019 at 03:00 PM in ATLA Courtroom 1705 before Judge William M Ray II. Signed by Judge William M Ray, II on 6/24/19. (rlb) (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

PACER

Submission of 16 MOTION for Preliminary Injunction to District Judge William M Ray II. (jkl)

June 24, 2019

June 24, 2019

PACER

Submission of 40 MOTION for Leave to File Matters Under Seal re: 39 Notice of Filing,to Magistrate Judge Janet F. King. (rlb)

June 24, 2019

June 24, 2019

PACER

Submission to District Judge

June 24, 2019

June 24, 2019

PACER

Submission to Magistrate Judge

June 24, 2019

June 24, 2019

PACER
47

Minute Entry for proceedings held before Judge William M Ray, II: Motion Hearing held on 6/26/2019. 44 Motion for Miscellaneous Relief GRANTED. Parties argued the Motion for Scheduling Conference on their Motion for Preliminary Injunction. The Court will schedule a hearing for July 15, 2019 at 9:30 AM and will reserve the afternoon of July 18 for witnesses unavailable on the 15th. ( Evidentiary Hearing set for 7/15/2019 at 09:30 AM in ATLA Courtroom 1705 before Judge William M Ray II.). (Court Reporter Wynette Blathers)(rlb) (Entered: 06/27/2019)

June 26, 2019

June 26, 2019

PACER
46

NOTICE of Appearance by Atteeyah Eshe Hollie on behalf of Georgia Advocacy Office, K.H., M.J., Southern Center for Human Rights (Hollie, Atteeyah) (Entered: 06/27/2019)

June 27, 2019

June 27, 2019

PACER
48

MOTION to Withdraw Aaron Michael Littman as Attorneyby Georgia Advocacy Office, K.H., M.J.. (Attachments: # 1 Text of Proposed Order)(Littman, Aaron) (Entered: 07/01/2019)

1 Text of Proposed Order

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July 1, 2019

July 1, 2019

PACER
49

TRANSCRIPT of Motion Hearing held on June 26, 2019, before Judge William M. Ray, II. Court Reporter Wynette C. Blathers. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/22/2019. Redacted Transcript Deadline set for 8/1/2019. Release of Transcript Restriction set for 9/30/2019. (Attachments: # 1 Notice of Filing Transcript) (wxb) (Entered: 07/01/2019)

1 Notice of Filing Transcript

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July 1, 2019

July 1, 2019

PACER
50

NOTICE Of Filing of Declaration of Emmitt L. Sparkman by Georgia Advocacy Office, K.H., M.J. re 16 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit O: Declaration of Emmitt L. Sparkman, # 2 Appendix : Amended List of Plaintiffs' Exhibits in Support of Motion for Preliminary Injunction)(Primerano, Ryan) (Entered: 07/02/2019)

1 Exhibit O: Declaration of Emmitt L. Sparkman

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2 Appendix : Amended List of Plaintiffs' Exhibits in Support of Motion for Pr

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July 2, 2019

July 2, 2019

PACER
51

NOTICE of Hearing: Notice is given that per the announcement during the scheduling conference, the Court sets an Evidentiary Hearing in this case for Monday, July 15, 2019 at 09:30 AM in ATLA Courtroom 1705 before Judge William M Ray II. (rlb) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
52

ORDER: Plaintiffs' motion to proceed anonymously 11, second motion to file matters under seal 32, and third motion to file matters under seal 40 are GRANTED. Plaintiffs' first motion to file matters under seal 18 is GRANTED in part as to Pls. PI exhibit A (declarations of M.J., K.H., A.R., P.B., S.P., B.W., and C.O.), and Pls. PI exhibit C (medical record excerpts for M.J., K.H., P.B., S.P., B.W.) and is otherwise DENIED as to Pls. PI exhibits E-1 to E-7 and F-1 to F-6 (prison log books). Plaintiffs shall have thirty days from the entry date of this Order in which (1) to refile with necessary redactions Pls. PI exhibits E-1 to E-7 and F-1 to F-6 or (2) to withdraw said exhibits and file an appropriate affidavit as discussed above. The Clerk of Court is DIRECTED that Pls. PI exhibits E-1 to E-7 and F-1 to F-6 shall remain provisionally sealed at this time. Signed by Magistrate Judge Janet F. King on 7/3/19. (rlb) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
53

NON-FINAL REPORT AND RECOMMENDATION recommending Defendants' 23 amended motion to dismiss be DENIED. Signed by Magistrate Judge Janet F. King on 7/3/19. (rlb) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
54

ORDER for Service of 53 Report and Recommendation by Magistrate Judge Janet F. King. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Janet F. King on 7/3/19. (rlb) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
55

NOTICE of Appearance by Michael A. Caplan on behalf of Georgia Advocacy Office, K.H., M.J. (Caplan, Michael) (Entered: 07/10/2019)

July 10, 2019

July 10, 2019

PACER
56

NOTICE by Georgia Advocacy Office, K.H., M.J. of Supplemental Disclosure Concerning Declaration of Jeffrey L. Metzner, M.D. (Primerano, Ryan) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
57

Joint Stipulation of Fact by Georgia Advocacy Office, K.H., M.J. (Orland, Devon) Modified on 7/15/2019 to edit text(rlb). (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
58

NOTICE of Appearance by Kaye Woodard Burwell on behalf of Mark Adger, Fulton County, Georgia, Theodore Jackson, Meredieth Lightbourne, Tyna Taylor, Pearlie Young (Burwell, Kaye) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
59

ORDER ALLOWING AUDIO/VISUAL EQUIPMENT IN THE COURTROOM on 7/15/2019 at 9:30 AM. Signed by Judge William M Ray, II on 7/15/2019. (jkl) (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

PACER
60

Minute Entry for proceedings held before Judge William M Ray, II: Evidentiary Hearing held on 7/15/2019. Plaintiffs invoked the rule of sequestration, except as to the expert witnesses. Defendants did not object but asked that Mr. Adger be allowed to remain. Plaintiffs' witnesses Anne Kuhns, Caitlin Childs, Dr. Jeffrey Metzner and S.P. were sworn, testified, questioned and cross-examined. Plaintiffs' exhibits 1-46, 49, 72, 75, 86-101 admitted. Defendants objected to Exhibits 39-41; the Court will admit them conditionally but stated relevance is still an issue. Defendants' Exhibit 1 admitted. The Court will continue the hearing on Thursday and Friday. Hearing not concluded. Court adjourned and will reconvene at 11:00 AM on Thursday, July 17, 2019. Exhibits retained by the Court to be forwarded to the Clerks Office at the conclusion of this matter.(Court Reporter Wynette Blathers)(rlb) (Entered: 07/16/2019)

July 15, 2019

July 15, 2019

PACER
61

NOTICE Of Filing of Declaration of Emmitt L. Sparkman by Georgia Advocacy Office, K.H., M.J. (Attachments: # 1 Exhibit O: Declaration of Emmitt L. Sparkman, # 2 Appendix : Amended List of Plaintiffs' Exhibits in Support of Motion for Preliminary Injunction)(Primerano, Ryan) (Entered: 07/16/2019)

1 Exhibit O: Declaration of Emmitt L. Sparkman

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2 Appendix : Amended List of Plaintiffs' Exhibits in Support of Motion for Pr

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July 16, 2019

July 16, 2019

PACER
62

TRANSCRIPT of Evidentiary Hearing held on July 15, 2019, before Judge William M. Ray, II. Court Reporter, Wynette C. Blathers. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/7/2019. Redacted Transcript Deadline set for 8/19/2019. Release of Transcript Restriction set for 10/15/2019. (Attachments: # 1 Notice of Filing Transcript) (wxb) (Entered: 07/17/2019)

1 Notice of Filing Transcript

View on PACER

July 17, 2019

July 17, 2019

PACER
63

Minute Entry for proceedings held before Judge William M Ray, II: Evidentiary Hearing held on 7/18/2019. Defendants witness, Dr. Kelly Coffman, sworn in and testified. Defendants admitted Exhibit 3. Plaintiffs witness, Emmitt Sparkman, sworn in and testified. Plaintiffs requested Sparkman be tendered as an expert in jail operations. Defendants objected; overruled. Plaintiffs' Exhibit 71 admitted. Defendants tendered Exhibit 4 and moved for it to be filed under seal. Plaintiffs objected as to relevancy; overruled. The Court will conditionally admit Exhibit 4 and rules that it be sealed. Ex. 4 returned to Defendants until tomorrow. Defendants witness Cornelius Henderson sworn in and testified. Hearing not concluded. Court adjourned and will reconvene at July 19, 2019 at 8:30 AM. Exhibits retained to be forwarded to the Clerks Office. Exhibit 4 returned to Defendants untiltomorrow. (Court Reporter Wynette Blathers)(rlb) (Entered: 07/19/2019)

July 18, 2019

July 18, 2019

PACER
64

Minute Entry for proceedings held before Judge William M Ray, II: Evidentiary Hearing held on 7/19/2019. The Court directed counsel to ensure all materials mentioned be tendered for the record. Defendants called their witness, Mark Adger. Defendants moved to tender him as an expert in jail operations; Plaintiffs asked that he be limited as an expert only to Fulton County jail operations, not all jails; Defendants agreed and the Court allows Col. Adger to testify as an expert. Defendants tendered Exhibits 5-9; admitted. Defendants' redacted Exhibit 11 is tendered and admitted without objections. Exhibit 12 tendered and admitted. Plaintiffs cross examined Col. Adger and tendered redacted versions of Exhibit 110-111. Plaintiffs' Exhibit 58 is admitted without objection. Redirect by Defendants. Defendants tendered Exhibits 13-18; admitted. Defendants' witnesses, Captain Tyna Taylor, Deputy Arthur Williams, and Deputy Louise Crowder called and questioned. Hearing not concluded. Court adjourned and will reconvene at 9:00 AM on July 23, 2019. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Wynette Blathers)(rlb) (Entered: 07/22/2019)

July 19, 2019

July 19, 2019

PACER

Submission to Magistrate Judge

July 19, 2019

July 19, 2019

PACER

Submission of 48 MOTION to Withdraw Aaron Michael Littman as Attorney, to Magistrate Judge Janet F. King. (rlb)

July 19, 2019

July 19, 2019

PACER

Submission to District Judge

July 22, 2019

July 22, 2019

PACER

Submission of 53 REPORT AND RECOMMENDATION re 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to District Judge William M Ray II. (rlb)

July 22, 2019

July 22, 2019

PACER
65

ORDER: Plaintiff's motion for Preliminary Injunction 16 is GRANTED (See order for specifics). Signed by Judge William M Ray, II on 7/23/19. (rlb) (Entered: 07/23/2019)

July 23, 2019

July 23, 2019

Clearinghouse
66

Minute Entry for proceedings held before Judge William M Ray, II: Evidentiary Hearing held on 7/23/2019. 16 Motion for Preliminary Injunction GRANTED. Defendants renew their objection to Plaintiffs' video exhibit; The Court overruled the objection as the video does not depict testimony. Each side presented closing arguments. Plaintiffs tendered a proposed order to the Court which would require 4 hours of outside cell time per day for mental health pod detainees in B, C & G, and require Defendants to establish and present a plan for a medically appropriate environment within 30 days, with another 30 days to implement said plan. The Court finds good cause for entering a preliminary injunction and GRANTS Plaintiffs' motion. Plaintiffs will remit a more detailed order to the Court for signature. The Court will schedule a compliance hearing for the near future. (Court Reporter Wynette Blathers)(rlb) (Entered: 07/23/2019)

July 23, 2019

July 23, 2019

PACER
67

ORDER granting 48 Motion to Withdraw as Counsel filed by Aaron Michael Littman. Attorney Aaron Michael Littman terminated. Signed by Magistrate Judge Janet F. King on 7/25/19. (rlb) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

PACER
68

TRANSCRIPT of Evidentiary Hearing (Vol II) held on July 18, 2019, before Judge William M. Ray, II. Court Reporter, Wynette C. Blathers. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/19/2019. Redacted Transcript Deadline set for 8/29/2019. Release of Transcript Restriction set for 10/28/2019. (Attachments: # 1 Notice of Filing Transcript) (wxb) (Entered: 07/29/2019)

1 Notice of Filing Transcript

View on PACER

July 29, 2019

July 29, 2019

PACER
69

TRANSCRIPT of Evidentiary Hearing, Volume III, held on July 19, 2019, before Judge William M. Ray, II. Court Reporter. Wynette C. Blathers. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/19/2019. Redacted Transcript Deadline set for 8/29/2019. Release of Transcript Restriction set for 10/28/2019. (Attachments: # 1 Notice of Filing Transcript) (wxb) (Entered: 07/29/2019)

1 Notice of Filing Transcript

View on PACER

July 29, 2019

July 29, 2019

PACER
70

ORDER: The Court receives the R&R 53 with approval and adopts its findings and legal conclusions as the Opinion of this Court. Accordingly, Defendants' MOTION TO DISMISS 23 is DENIED. Signed by Judge William M Ray, II on 7/30/19. (rlb) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

Clearinghouse
71

NON-FINAL REPORT AND RECOMMENDATION recommending the 8 Motion to Certify Class be GRANTED, with an adjustment to the psychiatric disability class (see order for specifics) Signed by Magistrate Judge Janet F. King on 7/30/19. (rlb) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

RECAP
72

ORDER for Service of 71 Report and Recommendation by Magistrate Judge Janet F. King. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Janet F. King on 7/30/19. (rlb) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
73

TRANSCRIPT of Evidentiary Hearing, Volume IV, held on July 23, 2019, before Judge William M. Ray, II. Court Reporter, Wynette C. Blathers. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/20/2019. Redacted Transcript Deadline set for 8/30/2019. Release of Transcript Restriction set for 10/28/2019. (Attachments: # 1 Notice of Filing Transcript) (wxb) (Entered: 07/30/2019)

1 Notice of Filing Transcript

View on PACER

July 30, 2019

July 30, 2019

PACER
74

NOTICE Of Filing by Georgia Advocacy Office, K.H., M.J. re 52 Order on Motion for Leave to File Matters Under Seal,,,,,,,, Order on Motion for Miscellaneous Relief,,,,,,, 17 Notice of Filing,,,, (Attachments: # 1 Exhibit E-1: East Wing Logbook, Dec. 1 to 31, 2018, # 2 Exhibit E-2: East Wing Logbook, Jan. 1. To 15, 2019, # 3 Exhibit E-3: East Wing Logbook, Jan. 16 to 31, 2019, # 4 Exhibit E-4: East Wing Logbook, Feb. 1 to 14, 2019, # 5 Exhibit E-5: East Wing Logbook, Feb. 15 to 28, 2019, # 6 Exhibit E-6: East Wing Logbook, Mar. 1 to 15, 2019, # 7 Exhibit E-7: East Wing Logbook, Mar. 16 to 29, 2019, # 8 Exhibit F-1: West Wing Logbook, Jan. 1 to 15, 2019, # 9 Exhibit F-2: West Wing Logbook, Jan. 16 to 31, 2019, # 10 Exhibit F-3: West Wing Logbook, Feb. 1 to 14, 2019, # 11 Exhibit F-4: West Wing Logbook, Feb. 15 to 28, 2019, # 12 Exhibit F-5: West Wing Logbook, Mar. 1 to 15, 2019, # 13 Exhibit F-6: West Wing Logbook, Mar. 16 to 29, 2019)(Primerano, Ryan) (Entered: 08/02/2019)

1 Exhibit E-1: East Wing Logbook, Dec. 1 to 31, 2018

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2 Exhibit E-2: East Wing Logbook, Jan. 1. To 15, 2019

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3 Exhibit E-3: East Wing Logbook, Jan. 16 to 31, 2019

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4 Exhibit E-4: East Wing Logbook, Feb. 1 to 14, 2019

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5 Exhibit E-5: East Wing Logbook, Feb. 15 to 28, 2019

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6 Exhibit E-6: East Wing Logbook, Mar. 1 to 15, 2019

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7 Exhibit E-7: East Wing Logbook, Mar. 16 to 29, 2019

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8 Exhibit F-1: West Wing Logbook, Jan. 1 to 15, 2019

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9 Exhibit F-2: West Wing Logbook, Jan. 16 to 31, 2019

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10 Exhibit F-3: West Wing Logbook, Feb. 1 to 14, 2019

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11 Exhibit F-4: West Wing Logbook, Feb. 15 to 28, 2019

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12 Exhibit F-5: West Wing Logbook, Mar. 1 to 15, 2019

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13 Exhibit F-6: West Wing Logbook, Mar. 16 to 29, 2019

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Aug. 2, 2019

Aug. 2, 2019

PACER
75

Notice for Leave of Absence for the following date(s): September 6-11, 18-20, 30 and October 9, by Devon Orland. (Orland, Devon) (Entered: 08/07/2019)

Aug. 7, 2019

Aug. 7, 2019

PACER

Submission to District Judge

Aug. 19, 2019

Aug. 19, 2019

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Jail Conditions

Disability Rights

Special Collection(s):

Solitary confinement

Multi-LexSum (in sample)

Key Dates

Filing Date: April 10, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A psychiatric disability class consisting of all women who experience psychiatric disabilities who are now or will in the future be confined in the mental health pods for female detainees in the Fulton County Jail system.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Southern Center for Human Rights (SCHR)

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Fulton County Sheriffs Office (Atlanta, Fulton), County

South Fulton Municipal Regional Jail (Union City, Fulton), County

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.

Constitutional Clause(s):

Equal Protection

Cruel and Unusual Punishment

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

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1.2 million

Order Duration: 2022 - 2023

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to public accommodations - governmental

Administrative segregation

Bathing and hygiene

Conditions of confinement

Confinement/isolation

Reasonable Accommodations

Reasonable Modifications

Rehabilitation

Sanitation / living conditions

Solitary confinement/Supermax (conditions or process)

Totality of conditions

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Female

Disability:

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run