Case: Gumm v. Jacobs

5:15-cv-00041 | U.S. District Court for the Middle District of Georgia

Filed Date: Feb. 12, 2015

Closed Date: May 22, 2025

Clearinghouse coding complete

Case Summary

On February 12, 2015, a prisoner in the Georgia Diagnostic and Classification Prison (GDCP) filed this lawsuit, pro se, in the U.S. District Court for the Central District of Georgia. The plaintiff sued Georgia prison officials under 42 U.S.C. § 1983, claiming that by holding him in solitary confinement for five years in poor conditions they had violated his Fourteenth Amendment rights to procedural and substantive due process as well as state regulations. He sought injunctive relief enjoining …

On February 12, 2015, a prisoner in the Georgia Diagnostic and Classification Prison (GDCP) filed this lawsuit, pro se, in the U.S. District Court for the Central District of Georgia. The plaintiff sued Georgia prison officials under 42 U.S.C. § 1983, claiming that by holding him in solitary confinement for five years in poor conditions they had violated his Fourteenth Amendment rights to procedural and substantive due process as well as state regulations. He sought injunctive relief enjoining the state from keeping him solitary confinement, declaratory relief, damages for physical, mental, and emotional consequences stemming from his confinement, and court fees.

The plaintiff’s problems at GDCP began in 2010 when, while incarcerated, he was charged with attempting to escape and destruction of state property. Investigating officers recommended that the charges be dropped, but the plaintiff was nonetheless brought to disciplinary court and was found guilty of both charges. On administrative appeal, the convictions were expunged from the plaintiff's record. For the next five years, however, he was kept in a Special Management Unit (SMU, solitary confinement) and segregated from the general prison population. Despite a prison policy enacted in 2013 stating that inmates in the SMU should be returned to the general population after four consecutive status reviews showing good behavior, after eight status reviews recommending and approving of transfer out of the SMU, he remained in solitary confinement without explanation; the grievances he submitted to prison officials regarding his placement were not addressed.

The complaint also detailed substandard conditions and mistreatment in the Unit, including inadequate food and medical care and a total lack of recreational or educational opportunities. At the time the plaintiff filed his complaint, he remained in the Special Management Unit with his status there marked "indefinite."

Procedural History

On May 18, 2015, the plaintiff filed a motion for a preliminary injunction. The motion indicated that prison officials had temporarily eliminated access to legal services for his unit due to budget restrictions; it asked that defendants be compelled to allow him the same access to legal research services that the general prison population received. On June 16, U.S. District Judge Marc T. Treadwell adopted Magistrate Judge Charles H. Weigle’s recommendation to deny the motion because the plaintiff failed to show he faced irreparable injury or was likely to succeed on the merits. 2015 WL 13869065.

In the meantime, on June 4, defendants moved to dismiss the plaintiffs' complaint, arguing that the statute of limitations had passed, that plaintiff had failed to exhaust administrative procedures, that he failed to state a claim, and that defendants were immune from liability. The court stayed discovery while it considered the motion. On March 31, 2016, Judge Treadwell denied the motion to dismiss with respect to all claims regarding plaintiffs' confinement in the period after August 2013, when GDCP made policy changes requiring inmates to be removed from the SMU after four positive status hearings. However, Judge Treadwell granted the motion to dismiss with respect to all claims regarding plaintiffs' confinement prior to that period. Judge Treadwell also granted plaintiff leave to amend his complaint from February 2015 to include additional due process and Eighth Amendment claims. 2016 WL 1266950.

On September 1, 2016, the court briefly stayed this case along with a number of other cases relating to SMU placement that were also filed pro se in order to determine whether the cases should be consolidated. The court appointed the plaintiff counsel from the Southern Center for Human Rights (SCHR) on October 17, 2016, and discovery commenced in December 2016.

On March 11, 2017, the plaintiff filed an amended complaint, this time represented by counsel from SCHR. The amended complaint greatly expanded the scope of the case, seeking class certification covering not just the named plainitff but everyone in the SMU and providing more detail about the extremely restrictive and isolating nature of GDCP's SMU. It alleged not only that the prison had failed to meaningfully assess the plaintiff's status in violation of the Fourteenth Amendment but also that the conditions of confinement in the unit violated the Eighth Amendment. Specifically, the Complaint claimed that the use of solitary confinement, grossly disproportionate punishment, and inadequate food constituted cruel and unusual punishment. The complaint sought to certify a class of all inmates who were in or would be placed in GDCP's SMU.

On March 20, 2017 another prisoner moved to intervene in the case. The prisoner had been in solitary confinement at GDCP and was then moved to a similar unit at Georgia State Prison ("GSP"). Judge Treadwell denied the motion to intervene on September 15, 2017 because the other prisoner was ineligible for "in forma pauperis" status under the Prison Litigation Reform Act’s Three Strikes provision and in any event had no right to intervene. 2017 WL 4102742. On October 2, the prisoner appealed the denial to the U.S. Court of Appeals, but his appeal was dismissed for failure to pay filing fees.

The plaintiff filed a motion for preliminary injunction on July 5, 2018, asking the court to order GDCP to allow all prisoners in SMU at least three hours of out-of-cell time daily, and to establish within thirty days plans to meaningfully increase programming for prisoners in SMU and to identify and move prisoners in SMU who suffered from mental illness. Plaintffs also amended the motion for class certification on July 13, 2018. The court took no action on these motions, but the parties entered settlement negotiations alongside continued discovery.

On December 21, 2018, the parties filed a joint motion for preliminary approval of the class and a settlement agreement. The settlement agreement proposed various measures to improve the confinement conditions at the GDCP, including regular opportunities for outdoor and indoor out-of-cell time, as well as access to the library and other educational resources.

On January 17, 2019, Judge Treadwell granted preliminary approval of the settlement. A fairness hearing was set for April 30, 2019. 2019 WL 479506. On February 5, 2019, Judge Treadwell denied the pending motions for preliminary injunction and class certification because the final approval of the settlement agreement would make these motions moot. Judge Treadwell also stated that if the settlement agreement were not approved, the plaintiffs could reinstate these motions.

Settlement

On May 7, 2019, Judge Treadwell issued an order certifying the settlement class and adopting the settlement agreement, which will remain in force for three years. The settlement agreement contains a range of provisions: a minimum of four hours outside cells each day Monday - Friday; access to tablet devices with games, books, and other educational materials; ability to request materials from the prison library and mobile book carts; out-of-cell programming and classes; and access to the same food, hygiene items, laundry and barbering services as the general prison population. The settlement also establishes a 24-month limit on confinement in the SMU and revised procedures for determining assignment to the SMU. The agreement provides for monitoring meetings every nine months, limited access to SMU records, yearly visits to SMU by class counsel, training for staff at GDCP, and confidential communications and meetings between class members and class counsel. Defendants agreed to pay $425,000 in attorneys' fees, which were granted by the court in a separate order on July 30, 2019. The court retains jurisdiction until the agreement expires on May 7, 2022. 2019 WL 2017497.

Current Status

The court granted $425,000 in attorneys' fees on July 30, 2019. Supervision is ongoing.

Summary Authors

Lauren Latterell Powell (1/6/2018)

Lisa Koo (3/3/2019)

Hetali Lodaya (6/15/2020)

Sowon Yoon (2/21/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5355038/parties/gumm-v-jacobs/


Judge(s)
Attorney for Plaintiff

BEDARD, STEPHANIE (Georgia)

Bogan, James F III (Georgia)

BROWN, EBONY (Georgia)

Caldas, Tamara S. (Georgia)

Attorney for Defendant
Expert/Monitor/Master/Other

BOURASSA, JEFFREY (Georgia)

Documents in the Clearinghouse

Documents in this case

5:15-cv-00041

Docket [PACER]

June 9, 2020

June 9, 2020

Docket
1

5:15-cv-00041

Complaint

Feb. 12, 2015

Feb. 12, 2015

Complaint
15

5:15-cv-00041

Order and Recommendation

Gumm v. Chatman

May 22, 2015

May 22, 2015

Magistrate Report/Recommendation
35

5:15-cv-00041

Order

Gumm v. Chatman

March 31, 2016

March 31, 2016

Order/Opinion

2016 WL 1266950

73

5:15-cv-00041

Second Amended Complaint

Gumm v. Ward

March 11, 2017

March 11, 2017

Complaint
100

5:15-cv-00041

Report and Recommendation

July 20, 2017

July 20, 2017

Magistrate Report/Recommendation
104

5:15-cv-00041

Notice of Appeal

Baker v. Jacobs

Oct. 2, 2017

Oct. 2, 2017

Pleading / Motion / Brief
121

5:15-cv-00041

Order

Gumm v. Sellers

Nov. 21, 2017

Nov. 21, 2017

Order/Opinion
207-1

5:15-cv-00041

Settlement Agreement Regarding the Special Management Unit

Dec. 21, 2018

Dec. 21, 2018

Settlement Agreement
256

5:15-cv-00041

Final Order and Permanent Injunction

Gumm v. Ford

May 7, 2019

May 7, 2019

Order/Opinion

2019 WL 2017497

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5355038/gumm-v-jacobs/

Last updated Feb. 21, 2026, 4:16 p.m.

Docket for: GUMM v. JACOBS
ECF Number Date Description Link
1 Feb. 12, 2015

COMPLAINT against All Defendants,filed by TIMOTHY DENVER GUMM. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope)(ans) (Entered: 02/12/2015)

1 Civil Cover Sheet

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2 Envelope

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2 Feb. 12, 2015

MOTION for Leave to Proceed in forma pauperis filed by TIMOTHY DENVER GUMM. Motion(s) referred to CHARLES H WEIGLE.(ans) (Entered: 02/12/2015)

RECAP
3 Feb. 12, 2015

ORDER REFERRING CASE to Magistrate Judge issued at the direction of the Court. (ans) (Entered: 02/12/2015)

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4 Feb. 12, 2015

Consent Form (28 USC 636(c)(1)) sent to TIMOTHY DENVER GUMM (ans) (Entered: 02/12/2015)

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5 Feb. 23, 2015

Prisoner Trust Fund Account Statement by TIMOTHY DENVER GUMM (Attachments: # 1 Cover Letter, # 2 Envelope)(ans) (Entered: 02/23/2015)

1 Cover Letter

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2 Envelope

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6 March 18, 2015

ORDER granting 2 Motion for Leave to Proceed in forma pauperis and ORDER for service to be made on all four defendants Ordered by US Magistrate Judge CHARLES H WEIGLE on 03/18/15 (ans) (Entered: 03/18/2015)

RECAP
7 March 19, 2015

USM285 Process Receipt and Return ISSUED for All Defendants. (Attachments: # 1 USM285 - Bruce Chapman, # 2 USM285 - Rodney McCloud, # 3 USM285 - William Powell)(ans) (Entered: 03/19/2015)

1 USM285 - Bruce Chapman

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2 USM285 - Rodney McCloud

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3 USM285 - William Powell

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8 March 23, 2015

USM285 Process Receipt and Return MAILED for BRUCE CHAPMAN, RICK JACOBS, RODNEY MCCLOUD, WILLIAM POWELL. (ans) (Entered: 03/23/2015)

RECAP
9 April 17, 2015

WAIVER OF SERVICE Returned Executed as to TIMOTHY DENVER GUMM (ans) (Entered: 04/17/2015)

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10 April 20, 2015

WAIVER OF SERVICE Returned Executed as to RICK JACOBS, USM285 Process Receipt and Return EXECUTED for RICK JACOBS. (ans) (Entered: 04/20/2015)

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11 May 4, 2015

MOTION to Amend 1 Complaint Filed by TIMOTHY DENVER GUMM. (Attachments: # 1 Cover Letter, # 2 Envelope). Motion(s) referred to CHARLES H WEIGLE.(ans) (Entered: 05/04/2015)

1 Cover Letter

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2 Envelope

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12 May 7, 2015

NOTICE of Attorney Appearance by SUSAN ELIZABETH TEASTER on behalf of BRUCE CHAPMAN, RICK JACOBS, RODNEY MCCLOUD, WILLIAM POWELL Attorney SUSAN ELIZABETH TEASTER added to party BRUCE CHAPMAN(pty:dft), Attorney SUSAN ELIZABETH TEASTER added to party RICK JACOBS(pty:dft), Attorney SUSAN ELIZABETH TEASTER added to party RODNEY MCCLOUD(pty:dft), Attorney SUSAN ELIZABETH TEASTER added to party WILLIAM POWELL(pty:dft) (TEASTER, SUSAN) (Entered: 05/07/2015)

RECAP
13 May 18, 2015

MOTION for Preliminary Injunction Filed by TIMOTHY DENVER GUMM. (Attachments: # 1 Cover Letter, # 2 Envelope). Motion(s) referred to CHARLES H WEIGLE.(wks) Modified on 5/22/2015 to modify text from MOTION to Compel Defendants to Provide Plaintiff With Access to the Courts to MOTION for Preliminary Injunction (ans). (Entered: 05/18/2015)

1 Cover Letter

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2 Envelope

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14 May 22, 2015

WAIVER OF Reply by BRUCE CHAPMAN, RICK JACOBS, RODNEY MCCLOUD, WILLIAM POWELL. (TEASTER, SUSAN) (Entered: 05/22/2015)

RECAP
15 May 22, 2015

REPORT AND RECOMMENDATION re 13 MOTION for Preliminary Injunction filed by TIMOTHY DENVER GUMM (), ORDER GRANTING 11 MOTION to Amend/Correct 1 Complaint filed by TIMOTHY DENVER GUMM Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 05/21/15. (ans) (Entered: 05/22/2015)

Clearinghouse
16 June 4, 2015

MOTION to Dismiss by BRUCE CHAPMAN, RICK JACOBS, RODNEY MCCLOUD, WILLIAM POWELL filed by SUSAN ELIZABETH TEASTER. (Attachments: # 1 Brief In Support of Motion to Dismiss, # 2 Affidavit Attachment 1 - Affidavit of Darryl Reid, # 3 Attachment A - Statewide Grievance Procedure, # 4 Attachment B - Grievance No. 61526, # 5 Attachment C - Grievance No. 80062, # 6 Attachment D - Grievance No. 93578, # 7 Attachment E - Grievance No. 94478, # 8 Attachment F - Grievance No. 94882, # 9 Attachment G - Grievance No. 96085, # 10 Attachment H - Grievance No. 96440, # 11 Attachment I - Grievance No. 115289, # 12 Attachment J - Grievance No. 124508, # 13 Attachment K - Grievance No. 137685, # 14 Attachment L - Grievance No. 18771). Motion(s) referred to CHARLES H WEIGLE.(TEASTER, SUSAN) (Entered: 06/04/2015)

1 Brief In Support of Motion to Dismiss

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2 Affidavit Attachment 1 - Affidavit of Darryl Reid

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3 Attachment A - Statewide Grievance Procedure

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4 Attachment B - Grievance No. 61526

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5 Attachment C - Grievance No. 80062

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6 Attachment D - Grievance No. 93578

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7 Attachment E - Grievance No. 94478

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8 Attachment F - Grievance No. 94882

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9 Attachment G - Grievance No. 96085

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10 Attachment H - Grievance No. 96440

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11 Attachment I - Grievance No. 115289

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12 Attachment J - Grievance No. 124508

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13 Attachment K - Grievance No. 137685

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14 Attachment L - Grievance No. 18771

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RECAP
17 June 4, 2015

MOTION to Stay Discovery by BRUCE CHAPMAN, RICK JACOBS, RODNEY MCCLOUD, WILLIAM POWELL filed by SUSAN ELIZABETH TEASTER. (Attachments: # 1 Brief In Support, # 2 Text of Proposed Order). Motion(s) referred to CHARLES H WEIGLE.(TEASTER, SUSAN) (Entered: 06/04/2015)

1 Brief In Support

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2 Text of Proposed Order

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18 June 5, 2015

ORDER granting 17 Motion to Stay. Ordered by U.S. MAGISTRATE JUDGE CHARLES H. WEIGLE on 6/5/15. (aob) (Entered: 06/05/2015)

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19 June 5, 2015

ORDER for Response to Motion re: 16 MOTION to Dismiss. Ordered by U.S. MAGISTRATE JUDGE CHARLES H. WEIGLE on 6/5/15. (aob) (Entered: 06/05/2015)

RECAP
20 June 16, 2015

ORDER ADOPTING 15 Report and Recommendations and DENYING 13 Motion for Preliminary Injunction. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 6/16/2015. (tlh) (Entered: 06/16/2015)

RECAP
21 June 25, 2015

Supplement/Amendment to COMPLAINT against BRUCE CHAPMAN, RICK JACOBS, RODNEY MCCLOUD, WILLIAM POWELL, filed by TIMOTHY DENVER GUMM. (Attachments: # 1 Cover Letter, # 2 Envelope)(ggs) (Entered: 06/25/2015)

1 Cover Letter

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2 Envelope

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22 June 25, 2015

RESPONSE filed by TIMOTHY DENVER GUMM re 16 MOTION to Dismiss (Attachments: # 1 Memorandum in Support, # 2 Cover Letter, # 3 Envelope)(ggs) (Entered: 06/25/2015)

1 Memorandum in Support

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2 Cover Letter

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3 Envelope

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23 July 13, 2015

RESPONSE in Opposition/Objection to Plaintiff's Amended Complaint re 21 Supplement to Complaint (TEASTER, SUSAN) Modified on 7/13/2015 (ggs). (Entered: 07/13/2015)

RECAP
24 July 13, 2015

REPLY to Response filed by BRUCE CHAPMAN, RICK JACOBS, RODNEY MCCLOUD, WILLIAM POWELL re 16 MOTION to Dismiss (TEASTER, SUSAN) (Entered: 07/13/2015)

RECAP
25 July 23, 2015

WITHDRAWAL of Claim re 21 Supplement/Amendment to Complaint by TIMOTHY DENVER GUMM. (Attachments: # 1 Cover Letter, # 2 Envelope)(ggs) (Entered: 07/23/2015)

1 Cover Letter

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2 Envelope

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26 Nov. 16, 2015

MOTION for Leave to File Amended Complaint Filed by TIMOTHY DENVER GUMM. (Attachments: # 1 Proposed Amended Complaint, # 2 Cover Letter, # 3 Envelope). Motion(s) referred to CHARLES H WEIGLE.(ggs) (Entered: 11/16/2015)

1 Amended Complaint

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2 Cover Letter

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3 Envelope

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RECAP
27 Dec. 3, 2015

RESPONSE filed by BRUCE CHAPMAN, RICK JACOBS, RODNEY MCCLOUD, WILLIAM POWELL re 26 MOTION for Leave to File Amended Complaint (TEASTER, SUSAN) (Entered: 12/03/2015)

RECAP
28 Dec. 21, 2015

MEMORANDUM in Support filed by TIMOTHY DENVER GUMM re: 26 MOTION for Leave to File Amended Complaint (Attachments: # 1 Envelope)(ggs) (Entered: 12/21/2015)

1 Envelope

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29 Jan. 22, 2016

REPORT AND RECOMMENDATION re 16 MOTION to Dismiss filed by WILLIAM POWELL, RICK JACOBS, BRUCE CHAPMAN, RODNEY MCCLOUD, 26 MOTION for Leave to File Amended Complaint filed by TIMOTHY DENVER GUMM. It is R ECOMMENDED that the Defendants Motion to Dismiss be GRANTED IN PART and DENIED IN PART. It is further RECOMMENDED that Plaintiffs Motion to Amend be GRANTED, with regard to Plaintiffs due process claims against Defendants Bishop, Logan, and Williams, and DENIED with regard to Plaintiffs Eighth Amendment claims, including all claims againstDefendant Washington. It is further RECOMMENDED that service be ordered on June Bishop, Rufus Logan, Dwayne Williams. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 1/22/2016. (ggs)

RECAP
30 Jan. 25, 2016

MOTION to Appoint Counsel Filed by TIMOTHY DENVER GUMM. (Attachments: # 1 Cover Letter, # 2 Envelope). Motion(s) referred to CHARLES H WEIGLE.(ggs) (Entered: 01/25/2016)

1 Cover Letter

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2 Envelope

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31 Feb. 5, 2016

OBJECTION to 29 Report and Recommendations filed by TIMOTHY DENVER GUMM (Attachments: # 1 Cover Letter, # 2 Envelope)(ggs) (Entered: 02/05/2016)

1 Cover Letter

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2 Envelope

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32 Feb. 8, 2016

OBJECTION to 29 Report and Recommendations filed by BRUCE CHAPMAN, RICK JACOBS, RODNEY MCCLOUD, WILLIAM POWELL (TEASTER, SUSAN) (Entered: 02/08/2016)

RECAP
33 Feb. 22, 2016

RESPONSE TO OBJECTION TO REPORT AND RECOMMENDATIONS filed by BRUCE CHAPMAN, RICK JACOBS, RODNEY MCCLOUD, WILLIAM POWELL in re: 31 Report and Recommendations (TEASTER, SUSAN) (Entered: 02/22/2016)

RECAP
34 March 4, 2016

PLAINTIFF'S RESPONSE TO DEFENDANTS' OBJECTION TO REPORT AND RECOMMENDATIONS filed by TIMOTHY DENVER GUMM in re: 32 Report and Recommendations (Attachments: # 1 Cover Letter, # 2 Envelope)(ggs) (Entered: 03/04/2016)

1 Cover Letter

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2 Envelope

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35 March 31, 2016

ORDER ADOPTING as modified 29 Report and Recommendations; GRANTING in part and DENYING in part 26 Motion for Leave to File; GRANTING in part and DENYING in part 16 Motion to Dismiss. It is ORDERED that service be made on Margaret Washington, June Bishop, Rufus Logan, and Dwayne Williams and that they file an Answer or such other response as may be appropriate under Rule 12 of the Federal Rules of Civil Procedure, 28 U.S.C. § 1915, and the Prison Litigation Reform Act. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 3/31/2016. (tlh)

Clearinghouse
36 March 31, 2016

AMENDED COMPLAINT against All Defendants, filed by TIMOTHY DENVER GUMM. (Attachments: # 1 Verificaton, # 2 Exhibit A - disciplinary Appeal Form (3/1/10), # 3 Exhibit B - SMU Program 90 Day Review Form (12/10/12), # 4 Exhibit C - SMU Program 90 Day Review Form( 4/8/13), # 5 Exhibit D - SMU Program 90 Day Review Form (7/31/13), # 6 Exhibit E - SMU Tier III Program Assignment Memo (8/1/12), # 7 Exhibit F - SMU Tier III Program 90 Day Review Form (1/7/14), # 8 Exhibit G - SMU Tier III Program 90 Day Review Form (7/29/14), # 9 Exhibit H - SMU Tier III Program 90 DAy Review Form (10/28/14), # 10 Exhibit I - SMU Tier III Program 90 Day Reivew Form (1/21/15), # 11 Exhibit J - Warden's/Superintendent's Grievance Response (1/29/2015), # 12 Exhibit K - The GDC Inmate Affairs and Ombudsman Unit's Response to Complaint Letter to Southern Cetner for Human Rights (8/18/11))(ggs) (Entered: 03/31/2016)

1 Verificaton

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2 Exhibit A - disciplinary Appeal Form (3/1/10)

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3 Exhibit B - SMU Program 90 Day Review Form (12/10/12)

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4 Exhibit C - SMU Program 90 Day Review Form( 4/8/13)

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5 Exhibit D - SMU Program 90 Day Review Form (7/31/13)

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6 Exhibit E - SMU Tier III Program Assignment Memo (8/1/12)

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7 Exhibit F - SMU Tier III Program 90 Day Review Form (1/7/14)

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8 Exhibit G - SMU Tier III Program 90 Day Review Form (7/29/14)

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9 Exhibit H - SMU Tier III Program 90 DAy Review Form (10/28/14)

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10 Exhibit I - SMU Tier III Program 90 Day Reivew Form (1/21/15)

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11 Exhibit J - Warden's/Superintendent's Grievance Response (1/29/2015)

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12 Exhibit K - The GDC Inmate Affairs and Ombudsman Unit's Response to Complai

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RECAP
37 March 31, 2016

USM 285 Process Receipt and Return ISSUED for JUNE BISHOP (ggs) (Entered: 03/31/2016)

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38 March 31, 2016

USM 285 Process Receipt and Return ISSUED for RUFUS LOGAN (ggs) (Entered: 03/31/2016)

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39 March 31, 2016

USM 285 Process Receipt and Return ISSUED for DWAYNE WILLIAMS (ggs) (Entered: 03/31/2016)

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40 March 31, 2016

USM 285 Process Receipt and Return ISSUED for MARGARET WASHINGTON (ggs) (Entered: 03/31/2016)

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41 April 4, 2016

USM 285 Process Receipt and Return MAILED for DWAYNE WILLIAMS (ggs) (Entered: 04/04/2016)

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42 April 4, 2016

USM 285 Process Receipt and Return MAILED for MARGARET WASHINGTON (ggs) (Entered: 04/04/2016)

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43 April 4, 2016

USM 285 Process Receipt and Return MAILED for RUFUS LOGAN (ggs) (Entered: 04/04/2016)

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44 April 4, 2016

USM 285 Process Receipt and Return MAILED for JUNE BISHOP (ggs) (Entered: 04/04/2016)

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45 April 5, 2016

ORDER re 36 Amended Complaint, filed by TIMOTHY DENVER GUMM. Defendants Bruce Chatman, Rodney McCloud, William Powell, and Rick Jacobs have previously filed a Motion to Dismiss Plaintiffs Due Process claim (Doc. 16). If they so choose, they may file a second Motion to Dismiss addressing Plaintiffs Eighth Amendment claim found in his Amended Complaint. The Order granting Defendants Motion to Stay (Doc. 18) shall stay in effect until all Defendants have had an opportunity to file a responsive pleading or appropriate motion for all claims and the Court has ruled on those claims, or until further order of the Court. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 5/5/2016. (ggs) (Entered: 04/05/2016)

RECAP
46 April 11, 2016

MOTION for Extension of Time to File to Answer the Amended Complaint. by BRUCE CHAPMAN, RICK JACOBS, RODNEY MCCLOUD, WILLIAM POWELL filed by SUSAN ELIZABETH TEASTER. (Attachments: # 1 Text of Proposed Order). Motion(s) referred to CHARLES H WEIGLE.(TEASTER, SUSAN) (Entered: 04/11/2016)

1 Text of Proposed Order

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47 April 12, 2016

This is a text only entry; no document issued. ORDER granting 46 Motion for Extension of Time. All answers and responsive pleadings for all Defendants in this case will be due on June 3, 2016. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 04/12/2016.(sjc) (Entered: 04/12/2016)

RECAP
April 12, 2016

Order on Motion for Extension of Time (Misc)

48 April 26, 2016

USM 285 Process Receipt and Return EXECUTED for RUFUS LOGAN, WAIVER OF SERVICE Returned Executed as to RUFUS LOGAN (Attachments: # 1 Waiver of Service of Summons)(ggs) (Entered: 04/26/2016)

1 Waiver of Service of Summons

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49 May 9, 2016

USM 285 Process Receipt and Return EXECUTED for DWAYNE WILLIAMS, WAIVER OF SERVICE Returned Executed as to DWAYNE WILLIAMS (Attachments: # 1 Waiver of the Service of Summons)(ggs) (Entered: 05/09/2016)

1 Waiver of the Service of Summons

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50 May 9, 2016

USM 285 Process Receipt and Return EXECUTED for JUNE BISHOP, WAIVER OF SERVICE Returned Executed as to JUNE BISHOP (Attachments: # 1 Waiver of the Service of Summons)(ggs) (Entered: 05/09/2016)

1 Waiver of the Service of Summons

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51 May 26, 2016

USM 285 Process Receipt and Return EXECUTED for MARGARET WASHINGTON and WAIVER OF THE SERVICE OF SUMMONS Returned EXECUTED. (cma) (Entered: 05/26/2016)

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52 June 2, 2016

WAIVER OF SERVICE Returned Executed as to MARGARET WASHINGTON (ggs) (Entered: 06/02/2016)

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53 June 3, 2016

ANSWER to 36 Amended Complaint,,, by JUNE BISHOP, BRUCE CHAPMAN, RICK JACOBS, RUFUS LOGAN, RODNEY MCCLOUD, WILLIAM POWELL, MARGARET WASHINGTON, DWAIN WILLIAMS.(TEASTER, SUSAN)Attorney SUSAN ELIZABETH TEASTER added to party JUNE BISHOP(pty:dft), Attorney SUSAN ELIZABETH TEASTER added to party RUFUS LOGAN(pty:dft), Attorney SUSAN ELIZABETH TEASTER added to party MARGARET WASHINGTON(pty:dft), Attorney SUSAN ELIZABETH TEASTER added to party DWAIN WILLIAMS(pty:dft) (Entered: 06/03/2016)

RECAP
54 June 9, 2016

This is a text only entry; no document issued. ORDER denying 30 Motion to Appoint Counsel. Ordered by U.S. MAGISTRATE JUDGE CHARLES H. WEIGLE on 06/09/2016. (sjc) (Entered: 06/09/2016)

RECAP
June 9, 2016

Order on Motion to Appoint Counsel

55 July 6, 2016

MOTION for Extension of Time to File Extend Discovery Period. by JUNE BISHOP, BRUCE CHAPMAN, RICK JACOBS, RUFUS LOGAN, RODNEY MCCLOUD, WILLIAM POWELL, MARGARET WASHINGTON, DWAIN WILLIAMS filed by SUSAN ELIZABETH TEASTER. (Attachments: # 1 Text of Proposed Order). Motion(s) referred to CHARLES H WEIGLE.(TEASTER, SUSAN) (Entered: 07/06/2016)

1 Text of Proposed Order

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56 July 7, 2016

This is a text only entry; no document issued. ORDER granting 55 Motion for Extension of TimeDiscovery to be complete by 12/1/2016. Ordered by U.S. MAGISTRATE JUDGE CHARLES H. WEIGLE on 07/07/2016.(sjc) (Entered: 07/07/2016)

RECAP
July 7, 2016

Order on Motion for Extension of Time (Misc)

57 July 13, 2016

MOTION for Preliminary Injunction Filed by TIMOTHY DENVER GUMM. (Attachments: # 1 Memorandum in Support, # 2 Cover Letter, # 3 Envelope). Motion(s) referred to CHARLES H WEIGLE.(ggs) (Entered: 07/13/2016)

1 Memorandum in Support

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2 Cover Letter

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3 Envelope

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RECAP
58 July 14, 2016

MOTION FOR ORDER COMPELLING Defendants to Allow Plaintiff to Interview Potential Material Witnesses in Defendants' Custody Filed by TIMOTHY DENVER GUMM. (Attachments: # 1 Cover Letter, # 2 Envelope). Motion(s) referred to CHARLES H WEIGLE.(cma) (Entered: 07/15/2016)

1 Cover Letter

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2 Envelope

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59 Aug. 4, 2016

Letter requesting 14-day Clerk's extension re: 57 MOTION for Preliminary Injunction and 58 MOTION for Order Compelling Defendants to Allow Plaintiff to Interview Potential Material Witnesses in Defendants' Custody. (TEASTER, SUSAN) Modified on 8/4/2016 (ggs). (Entered: 08/04/2016)

RECAP
Aug. 4, 2016

Notice (Other)

Aug. 4, 2016

Notice of Clerk's Granting of Extension re: 58 MOTION FOR ORDER COMPELLING filed by TIMOTHY DENVER GUMM, 57 MOTION for Preliminary Injunction filed by TIMOTHY DENVER GUMM. The response and reply deadlines have been reset.(ggs)

60 Aug. 22, 2016

RESPONSE filed by JUNE BISHOP, BRUCE CHAPMAN, RICK JACOBS, RUFUS LOGAN, RODNEY MCCLOUD, WILLIAM POWELL, MARGARET WASHINGTON, DWAIN WILLIAMS re 58 MOTION FOR ORDER COMPELLING (Attachments: # 1 Attachment A - Declaration of June Bishop)(TEASTER, SUSAN) (Entered: 08/22/2016)

1 Attachment A - Declaration of June Bishop

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RECAP
61 Aug. 22, 2016

RESPONSE filed by JUNE BISHOP, BRUCE CHAPMAN, RICK JACOBS, RUFUS LOGAN, RODNEY MCCLOUD, WILLIAM POWELL, MARGARET WASHINGTON, DWAIN WILLIAMS re 57 MOTION for Preliminary Injunction (Attachments: # 1 Attachment A - Declaration of June Bishop)(TEASTER, SUSAN) (Entered: 08/22/2016)

1 Attachment A - Declaration of June Bishop

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RECAP
62 Sept. 1, 2016

ORDER STAYING CASE. Ordered by U.S. MAGISTRATE JUDGE CHARLES H. WEIGLE on 09/01/2016. (sjc) (Entered: 09/01/2016)

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63 Sept. 6, 2016

REPLY to Response filed by TIMOTHY DENVER GUMM re 57 MOTION for Preliminary Injunction (Attachments: # 1 Cover Letter, # 2 Envelope)(ans) (Entered: 09/06/2016)

1 Cover Letter

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2 Envelope

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64 Sept. 6, 2016

REPLY to Response filed by TIMOTHY DENVER GUMM re 58 MOTION FOR ORDER COMPELLING (ans) (Entered: 09/06/2016)

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65 Sept. 30, 2016

ORDER STAYING CASE. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 9/30/16. (jfb) (Entered: 09/30/2016)

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66 Oct. 27, 2016

ORDER appointing SARAH GERAGHTY and RYAN PRIMERANO as eVoucher Attorney for TIMOTHY DENVER GUMM. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 10/27/16. (ans) (Entered: 10/27/2016)

RECAP
70 Oct. 27, 2016

ORDER appointing SARAH E GERAGHTY as eVoucher Attorney for TIMOTHY DENVER GUMM. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on October 27, 2016. (cal) (Entered: 11/16/2016)

RECAP
Oct. 28, 2016

NOTICE OF SETTING Status Conference set for 11/15/2016 at 10:00 AM in Macon before US DISTRICT JUDGE MARC THOMAS TREADWELL. (tlh)

Oct. 28, 2016

Notice of Hearing

67 Nov. 15, 2016

Minute Entry for proceedings held before US MAGISTRATE JUDGE CHARLES H WEIGLE: Status Conference held on 11/15/2016. Court Reporter: Darlene Fuller.Time in Court: 25 minutes. (ggs) (Entered: 11/15/2016)

RECAP
68 Nov. 15, 2016

WITHDRAWAL of Motion re 57 MOTION for Preliminary Injunction filed by TIMOTHY DENVER GUMM (PRIMERANO, RYAN) (Entered: 11/15/2016)

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69 Nov. 15, 2016

WITHDRAWAL of Motion re 58 MOTION FOR ORDER COMPELLING filed by TIMOTHY DENVER GUMM (PRIMERANO, RYAN) (Entered: 11/15/2016)

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71 Nov. 16, 2016

RULES 16/26 ORDER: Proposed Scheduling/Discovery order due by 12/16/2016. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 11/16/2016. (Attachments: # 1 Required Form)(jfb) (Entered: 11/16/2016)

1 Required Form

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72 Dec. 16, 2016

SCHEDULING/DISCOVERY ORDER:Discovery to be complete by 6/11/2017. Dispositive motions due by 7/11/2017. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 12/15/2016. (ggs) (Entered: 12/16/2016)

RECAP
Dec. 16, 2016

NOTICE OF SETTING Discovery Hearing set for 3/13/2017 10:00 AM in Macon before US MAGISTRATE JUDGE CHARLES H WEIGLE. (cal)

Dec. 16, 2016

Notice of Hearing

73 March 11, 2017

AMENDED COMPLAINT re 1 Complaint against All Defendants by TIMOTHY DENVER GUMM (Attachments: # 1 Exhibit A: 2012 Special Management Unit (SMU) Policy, # 2 Exhibit B: 2013 Tier III Policy, # 3 Exhibit C: 2015 Tier III Policy, # 4 Exhibit D: 2016 Tier III Policy)(PRIMERANO, RYAN) (Entered: 03/11/2017)

1 Exhibit A: 2012 Special Management Unit (SMU) Policy

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2 Exhibit B: 2013 Tier III Policy

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3 Exhibit C: 2015 Tier III Policy

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4 Exhibit D: 2016 Tier III Policy

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Clearinghouse
74 March 13, 2017

Minute Entry for proceedings held before US MAGISTRATE JUDGE CHARLES H WEIGLE: Status Conference held on 3/13/2017 Court Reporter: Darlene Fuller.Time in Court: 26 minutes. (ggs) (Entered: 03/13/2017)

RECAP
75 March 14, 2017

UNOPPOSED MOTION for Extension of Time to Complete Discovery by TIMOTHY DENVER GUMM filed by RYAN PRIMERANO.. Motion(s) referred to CHARLES H WEIGLE.(PRIMERANO, RYAN) (Entered: 03/14/2017)

RECAP
76 March 14, 2017

MOTION to Certify Class by TIMOTHY DENVER GUMM filed by RYAN PRIMERANO. (Attachments: # 1 Memorandum in Support of Motion to Certify Class). Motion(s) referred to CHARLES H WEIGLE.(PRIMERANO, RYAN) (Entered: 03/14/2017)

1 Memorandum in Support of Motion to Certify Class

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77 March 20, 2017

ORDER granting 75 Motion for Extension of Time to Complete DiscoveryDiscovery to be complete by 9/11/2017. Dispositive and/or Daubert motions due by 10/10/2017. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 3/17/2017 (ggs) (Entered: 03/20/2017)

RECAP
80 March 20, 2017

MOTION to Intervene Filed by WASEEM DAKER. (Attachments: # 1 Cover Letter, # 2 Envelope). Motion(s) referred to CHARLES H WEIGLE.(cma) (Entered: 03/22/2017)

1 Cover Letter

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2 Envelope

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78 March 21, 2017

UNOPPOSED MOTION for Extension of Time to File Answer re 73 Amended Complaint, by JUNE BISHOP, BRUCE CHAPMAN, RICK JACOBS, RUFUS LOGAN, RODNEY MCCLOUD, WILLIAM POWELL, MARGARET WASHINGTON, DWAIN WILLIAMS filed by SUSAN ELIZABETH TEASTER. (Attachments: # 1 Proposed Order). Motion(s) referred to CHARLES H WEIGLE.(TEASTER, SUSAN) (Entered: 03/21/2017)

1 Proposed Order

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79 March 22, 2017

This is a text only entry; no document issued. ORDER granting 78 Motion for Extension of Time to Answer re 78 MOTION for Extension of Time to File Answer re 73 Amended Complaint, All Defendants. Defendants shall have until April 13, 2017, to file their answer. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 3/22/2017. (jfb) (Entered: 03/22/2017)

RECAP
March 22, 2017

Order on Motion for Extension of Time to Answer

81 March 23, 2017

WAIVER OF SERVICE Returned Executed by RANDY TILLMAN. as to RANDY TILLMAN (TEASTER, SUSAN) (Entered: 03/23/2017)

RECAP
82 March 23, 2017

WAIVER OF SERVICE Returned Executed by RICKY MYRICK. as to RICKY MYRICK (TEASTER, SUSAN) (Entered: 03/23/2017)

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83 March 23, 2017

WAIVER OF SERVICE Returned Executed by TIMOTHY WARD. as to TIMOTHY WARD (TEASTER, SUSAN) (Entered: 03/23/2017)

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84 March 23, 2017

MOTION for Extension of Time to File Answer by JUNE BISHOP, BRUCE CHAPMAN, RICK JACOBS, RUFUS LOGAN, RODNEY MCCLOUD, RICKY MYRICK, WILLIAM POWELL, RANDY TILLMAN, TIMOTHY WARD, MARGARET WASHINGTON, DWAIN WILLIAMS filed by SUSAN ELIZABETH TEASTER. (Attachments: # 1 Proposed Order on second motion to extend time to answer). Motion(s) referred to CHARLES H WEIGLE.(TEASTER, SUSAN) (Entered: 03/23/2017)

1 Proposed Order on second motion to extend time to answer

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85 March 24, 2017

This is a text only entry; no document issued. ORDER granting 84 Motion for Extension of Time to Answer All Defendants. Defendants shall have until May 15, 2017, to file their answer to Plaintiff's second amended complaint. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 2/24/2017. (jfb) (Entered: 03/24/2017)

RECAP
March 24, 2017

Order on Motion for Extension of Time to Answer

86 April 3, 2017

UNOPPOSED MOTION to Hold Class Certification Motion in Abeyance re 76 MOTION to Certify Class by TIMOTHY DENVER GUMM filed by RYAN PRIMERANO. (Attachments: # 1 Text of Proposed Order Granting Motion to Hold Class Certification Motion in Abeyance). Motion(s) referred to CHARLES H WEIGLE.(PRIMERANO, RYAN) (Entered: 04/03/2017)

1 Text of Proposed Order Granting Motion to Hold Class Certification Motion in Abe

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87 April 7, 2017

This is a text only entry; no document issued. ORDER granting 86 Motion. Plaintiff's motion is held in abeyance and Plaintiff shall submit an amended motion following further discovery. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 4/7/16. (jfb) (Entered: 04/07/2017)

RECAP
April 7, 2017

Order on Motion for Miscellaneous Relief

88 April 10, 2017

RESPONSE filed by JUNE BISHOP, BRUCE CHAPMAN, RICK JACOBS, RUFUS LOGAN, RODNEY MCCLOUD, RICKY MYRICK, WILLIAM POWELL, RANDY TILLMAN, TIMOTHY WARD, MARGARET WASHINGTON, DWAIN WILLIAMS re 80 MOTION to Intervene (TEASTER, SUSAN) (Entered: 04/10/2017)

RECAP

Case Details

State / Territory:

Georgia

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Solitary confinement

Key Dates

Filing Date: Feb. 12, 2015

Closing Date: May 22, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiff is a prisoner at Georgia Diagnostic and Classification Prison who alleged he had been wrongfully kept in solitary confinement.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Center for Human Rights (SCHR)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Georgia Department of Corrections

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Other Dockets:

Middle District of Georgia 5:15-cv-00041

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitoring

Monitor/Master

Preliminary relief denied

Recordkeeping

Reporting

Required disclosure

Training

Amount Defendant Pays: 425000

Order Duration: 2019 - 2025

Issues

General/Misc.:

Conditions of confinement

Disciplinary procedures

Food service / nutrition / hydration

Phone

Religious programs / policies

Sanitation / living conditions

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Disciplinary segregation

Law library access

Recreation / Exercise

Solitary confinement/Supermax (conditions or process)

Strip search policy (facilities)

Visiting

Medical/Mental Health Care:

Medical care, general

Mental health care, general

Recommended Citation