Case: Green v. Hooks

6:14-cv-00046 | U.S. District Court for the Southern District of Georgia

Filed Date: May 17, 2014

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is the consolidation of two separate civil actions filed by the same plaintiff, a transgender woman housed at Rogers State Prison in Georgia, a single sex men's facility. The plaintiff was sexually assaulted several times by another prisoner while in both general population and protective custody. On May 17, 2014, she filed suit in the U.S. District Court for the Southern District of Georgia under 42 U.S.C. § 1983 alleging that the Warden, Deputy Warden, and Lieutenant of the prison w…

This case is the consolidation of two separate civil actions filed by the same plaintiff, a transgender woman housed at Rogers State Prison in Georgia, a single sex men's facility. The plaintiff was sexually assaulted several times by another prisoner while in both general population and protective custody. On May 17, 2014, she filed suit in the U.S. District Court for the Southern District of Georgia under 42 U.S.C. § 1983 alleging that the Warden, Deputy Warden, and Lieutenant of the prison were deliberately indifferent to her safety, in violation of the Eighth and Fourteenth Amendments. In the second case, filed {}, again, under Section 1983, she sued other prison employees based on the same allegations. The two cases were consolidated before Judge J. Randal Hall.

The plaintiff is represented by private counsel. The complaint alleged that prison staff conducted a "PREA" intake (that is, an intake related to the Prison Rape Elimination Act), alerting them to the plaintiff's gender identity and presentation. They classified her as neither a PREA victim or threat, and housed her in the general population. Soon after, she was threatened and coerced into performing oral sex on another prisoner housed in the same unit. Due to explicit homophobia on the unit, both the plaintiff and the man who had assaulted her were moved to protective custody, and were housed together in a double occupancy room. While there, the plaintiff was sexually assaulted while being threatened with a razor blade. She asserts that she had put prison staff on notice that she was in danger, and that they had demonstrated deliberate indifference, effectively allowing her to be assaulted.

On August 26th of 2016, the defendants sought summary judgment; it was granted. Judge Hall found that they had not violated any of the plaintiff's constitutional rights, and that they were covered by qualified immunity. 2017 WL 1078646. On appeal, the Eleventh Circuit affirmed on Jan. 6, 2020, issuing an opinion (by Judge Elizabeth Branch) finding that the there had been no constitutional violation, because prison officials were not actually aware of the plaintiff-specific risks of sexual assault, and the general risk (apart from her particular situation) was not significant enough to meet the constitutional test; the court emphasized that the 28 reported incidents of inmate-on-inmate sexual assault in five years at prison, which had population of 1,500 inmates, did not constitute substantial risk of serious harm, as required to support prisoner's deliberate indifference claim. 798 Fed.Appx. 411.

The appellate mandate issued on Feb. 5, 2020. The time to seek Supreme Court review will end in mid-July.

Summary Authors

Alex Moody (2/10/2020)

Jack Hibbard (5/26/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4243779/parties/green-v-hooks/


Judge(s)

Branch, Elizabeth Lee None (Florida)

Graham, James E. (Georgia)

Hall, James Randal (Georgia)

Rosenbaum, Robin Stacie (Florida)

Tjoflat, Gerald Bard (Florida)

Attorneys(s) for Plaintiff

Betts, David (Alabama)

Oinonen, Julie (Georgia)

Williams, Mario B (Georgia)

Attorneys(s) for Defendant

Crowder, Elizabeth McRary (Georgia)

Drolet, Joseph J (Georgia)

Judge(s)

Branch, Elizabeth Lee None (Florida)

Graham, James E. (Georgia)

Hall, James Randal (Georgia)

Rosenbaum, Robin Stacie (Florida)

Tjoflat, Gerald Bard (Florida)

Attorneys(s) for Plaintiff

Betts, David (Alabama)

Oinonen, Julie (Georgia)

Williams, Mario B (Georgia)

Attorneys(s) for Defendant

Crowder, Elizabeth McRary (Georgia)

Drolet, Joseph J (Georgia)

Hirsch, Michelle J. (Georgia)

McClendon, Angelique B (Georgia)

Piper, Tina M (Georgia)

Documents in the Clearinghouse

Document

Docket

Green v. Calhoun

Oct. 3, 2018 Docket

Docket

Feb. 5, 2020 Docket
1

Jury Trial Demanded: Complaint

Green v. Calhoun

Sept. 19, 2014 Complaint
173

Order

2017 WL 1078646

March 21, 2017 Order/Opinion
38

Appeal from the United States District Court for the Southern District of Georgia

U. S. Court of Appeals for the Eleventh Circuit

798 Fed.Appx. 411, 2020 WL 57329

Jan. 6, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4243779/green-v-hooks/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against John Brown, John Doe, Torie Grubbs, Brad Hooks filed by Darius Ishun Green. (Attachments: # 1 Civil Cover Sheet)(wwp) Modified on 5/19/2014 (wwp). (Entered: 05/19/2014)

1 Civil Cover Sheet

View on PACER

May 17, 2014 RECAP

Filing fee: $ 400.00, receipt number 113J-1594614. (wwp)

May 17, 2014 PACER

DEMAND for Trial by Jury by Darius Ishun Green. (wwp)

May 17, 2014 PACER
2

General Order pursuant to Federal Rules of Civil Procedure 26(F). Signed by Magistrate Judge G. R. Smith on 5/19/14. (Attachments: # 1 Notice) (wwp) (Entered: 05/19/2014)

May 19, 2014 PACER
3

Summons Issued as to John Brown, John Doe, Torie Grubbs, Brad Hooks. (wwp) (Entered: 05/19/2014)

May 19, 2014 PACER
4

SUMMONS Returned Executed by Darius Ishun Green. John Brown served on 6/11/2014, answer due 7/2/2014. (Williams, Mario) (Entered: 06/26/2014)

June 26, 2014 PACER
5

SUMMONS Returned Executed by Darius Ishun Green. Torie Grubbs served on 6/11/2014, answer due 7/2/2014. (Williams, Mario) (Entered: 06/26/2014)

June 26, 2014 PACER
6

MOTION for Leave of Absence as to Darius Ishun Green for dates of : August 4, 2014 through August 15, 2014 by Darius Ishun Green. Responses due by 7/18/2014. (Williams, Mario) (Entered: 07/01/2014)

July 1, 2014 PACER
7

ANSWER to Complaint by John Brown, Torie Grubbs, Brad Hooks.(Hirsch, Michelle) (Entered: 07/02/2014)

July 2, 2014 PACER
8

NOTICE of Appearance by Elizabeth McRary Crowder on behalf of John Brown, Torie Grubbs, Brad Hooks (Crowder, Elizabeth) (Entered: 07/03/2014)

July 3, 2014 PACER
9

REPORT of Rule 26(f) Planning Meeting. (Hirsch, Michelle) (Entered: 07/23/2014)

July 23, 2014 PACER
10

SCHEDULING ORDER: Amended Pleadings due by 10/2/2014. Discovery due by 1/18/2015. Motions due by 2/17/2015. Expert Witness Report (Plaintiff) due by 10/2/2014. Expert Witness Report (defendant) due by 11/24/2014. Status Report due by 10/30/2014. Signed by Magistrate Judge G. R. Smith on 7/29/2014. (Attachments: # 1 Civil Trial Information) (loh) (Entered: 07/29/2014)

July 29, 2014 PACER
11

SUMMONS Returned Executed by Darius Ishun Green. Brad Hooks served on 6/13/2014, answer due 7/4/2014. (Williams, Mario) (Entered: 08/13/2014)

Aug. 13, 2014 PACER
12

MOTION for Protective Order by John Brown, Torie Grubbs, Brad Hooks. Responses due by 9/15/2014. (Attachments: # 1 Exhibit A, Subpoena to Georgia Department of Corrections, # 2 Exhibit B, Good faith letter to Plaintiff, # 3 Exhibit C, Response to Good Faith Letter)(Hirsch, Michelle) (Entered: 08/28/2014)

Aug. 28, 2014 PACER

MOTIONS REFERRED: 12 MOTION for Protective Order. (wwp)

Aug. 28, 2014 PACER
13

RESPONSE filed by Georgia Department of Corrections. (McClendon, Angelique) (Entered: 08/28/2014)

Aug. 28, 2014 PACER
14

RESPONSE to Motion re 12 MOTION for Protective Order filed by Darius Ishun Green. (Attachments: # 1 Exhibit Plaintiff's good faith email, # 2 Exhibit Plaintiff's subpoena to produce documents, # 3 Exhibit Email correspondence between counsel regarding protective order from court)(Williams, Mario) (Entered: 09/10/2014)

Sept. 10, 2014 PACER
15

NOTICE of Intent to File a Reply Brief by John Brown, Torie Grubbs, Brad Hooks re 12 MOTION for Protective Order . (Hirsch, Michelle) (Entered: 09/10/2014)

Sept. 10, 2014 PACER
16

First MOTION for Extension of Time to Furnish Expert Reports With No Objection From Defendants. by Darius Ishun Green. Responses due by 10/6/2014. (Williams, Mario) (Entered: 09/18/2014)

Sept. 18, 2014 PACER

MOTIONS REFERRED: 16 First MOTION for Extension of Time to Furnish Expert Reports With No Objection From Defendants. (wwp)

Sept. 19, 2014 PACER
17

NOTICE of Filing by Darius Ishun Green re 1 Complaint Related Civil Suit That Arises Out Of The Same Facts And Circumstances As This Case (Williams, Mario) (Entered: 09/19/2014)

Sept. 19, 2014 PACER
18

ORDER granting 16 Motion for Extension of Time. Expert Reports due by 10/23/2014. Signed by Magistrate Judge G. R. Smith on 9/24/14. (bcw) (Entered: 09/24/2014)

Sept. 24, 2014 PACER

Set/Reset Deadlines: Expert Witness Report (Plaintiff) due by 10/20/2014. (bcw)

Sept. 24, 2014 PACER
19

Joint MOTION for Protective Order by John Brown, Torie Grubbs, Brad Hooks. Responses due by 10/13/2014. (Attachments: # 1 Text of Proposed Order Agreed Protective Order)(Hirsch, Michelle) (Entered: 09/26/2014)

Sept. 26, 2014 PACER
20

REPLY to Response to Motion re 12 MOTION for Protective Order filed by John Brown, Torie Grubbs, Brad Hooks. (Attachments: # 1 Exhibit A, Order in Nordoteck v. RDP Technologies)(Hirsch, Michelle) (Entered: 09/29/2014)

Sept. 29, 2014 PACER
21

ORDER granting 19 Motion for Protective Order. Signed by Magistrate Judge G. R. Smith on 9/30/14. (bcw) (Entered: 09/30/2014)

Sept. 30, 2014 PACER
22

ORDER dismissing as moot 6 Motion for Leave of Absence. Signed by Judge B. Avant Edenfield on 10/6/2014. (loh) (Entered: 10/06/2014)

Oct. 6, 2014 PACER
23

MOTION for Protective Order Related to Second Subpoena issued to Georgia Department of Corrections by John Brown, Torie Grubbs, Brad Hooks. Responses due by 11/3/2014. (Attachments: # 1 Exhibit A, subpoena issued 9/23/14, # 2 Exhibit B, subpoena issued 9/26/14, # 3 Exhibit C, good faith letter)(Hirsch, Michelle) (Entered: 10/15/2014)

Oct. 15, 2014 PACER
24

MOTION to Withdraw 23 MOTION for Protective Order Related to Second Subpoena issued to Georgia Department of Corrections, Unopposed by John Brown, Torie Grubbs, Brad Hooks. Responses due by 11/3/2014. (Attachments: # 1 Text of Proposed Order)(Hirsch, Michelle) (Entered: 10/16/2014)

Oct. 16, 2014 PACER
25

ORDER granting 24 Motion to Withdraw re 23 MOTION for Protective Order. Signed by Magistrate Judge G. R. Smith on 10/15/2014. (loh) Modified on 10/17/2014 (loh). (Entered: 10/17/2014)

Oct. 17, 2014 PACER
26

ORDER denying 12 Motion for Protective Order. Signed by Magistrate Judge G. R. Smith on 10/23/2014. (loh) (Entered: 10/23/2014)

Oct. 23, 2014 PACER
27

NOTICE of Filing by Darius Ishun Green (Williams, Mario) (Entered: 10/28/2014)

Oct. 28, 2014 PACER
28

DEPOSITION of Annettia Toby taken on October 22, 2014 by Darius Ishun Green. (Attachments: # 1 Exhibit Subpoena Sent To The Department of Corrections, # 2 Exhibit Letter Addressed To Commissioner Brian Owens Regarding Security Checklists)(Williams, Mario) (Entered: 10/28/2014)

Oct. 28, 2014 PACER
29

First MOTION to Compel Against The Department Of Corrections, First MOTION for Sanctions Against The Department of Corrections by Darius Ishun Green. Responses due by 11/14/2014. (Attachments: # 1 Exhibit Email About Logbook Regarding Knowledge Of DOC Staff On Duty On Dates In Question, # 2 Exhibit Some Relevant Portion Of Actual Logbook Entries Regarding Staff On Duty On Dates In Question, # 3 Exhibit Expert Report of Joe Gunja Demonstrating Relevance And Importance Of Missing Security Checklists, # 4 Exhibit Expert Report of Valerie Jenesse Demonstrating Relevance And Importance Of Missing Security Checklists, # 5 Exhibit Email Exchanged Demonstrating Attempts To Get A Unambigous Answer About Security Checklists, # 6 Exhibit Profile Of Darryl Ricard (Alleged Assailant of Plaintiff))(Williams, Mario) (Entered: 10/28/2014)

Oct. 28, 2014 PACER

MOTIONS REFERRED: 29 First MOTION to Compel Against The Department Of Corrections First MOTION for Sanctions Against The Department of Corrections. (wwp)

Oct. 28, 2014 PACER
30

Second MOTION to Compel Regarding The Department Of Corrections' Unlawful Conduct During Discovery by Darius Ishun Green. Responses due by 11/17/2014. (Attachments: # 1 Exhibit Email Demonstrating Bad Faith Conduct By The Department Of Corrections, # 2 Exhibit Emails Demonstrating GDC Refusal To Produce Public Documents Based Allegedly On "Relevancy" Grounds, # 3 Exhibit Relevant Subpoena, # 4 Exhibit More Good Faith Correspondence, # 5 Exhibit GDC Policy Entitled Management Of Transsexuals, Demonstrating That GDC Has Definition For Inmates Such As Plaintiff)(Williams, Mario) (Entered: 10/29/2014)

Oct. 29, 2014 PACER

MOTIONS REFERRED: 30 Second MOTION to Compel Regarding The Department Of Corrections' Unlawful Conduct During Discovery. (bcw)

Oct. 29, 2014 PACER
31

Consent MOTION to Consolidate Cases by Darius Ishun Green. Responses due by 11/17/2014. (Williams, Mario) (Entered: 10/30/2014)

Oct. 30, 2014 PACER
32

STATUS REPORT -JOINT by John Brown, Torie Grubbs, Brad Hooks. (Hirsch, Michelle) (Entered: 10/30/2014)

Oct. 30, 2014 PACER
33

First MOTION to Stay re 30 Second MOTION to Compel Regarding The Department Of Corrections' Unlawful Conduct During Discovery, 29 First MOTION to Compel Against The Department Of CorrectionsFirst MOTION for Sanctions Against The Department of Corrections, 31 Consent MOTION to Consolidate Cases Discovery Until The Resolution Of Multiple Motions And For Other Legitimate Reasons by Darius Ishun Green. Responses due by 11/17/2014. (Attachments: # 1 Exhibit Email Where Plaintiff Has Demonstrated Good Faith In Holding Off Depositions Until December)(Williams, Mario) (Entered: 10/30/2014)

Oct. 30, 2014 PACER
34

MOTION for Leave of Absence as to Darius Ishun Green for dates of : 12/16/2014 to 01/05/2015 by Darius Ishun Green. Responses due by 11/17/2014. (Williams, Mario) (Entered: 10/31/2014)

Oct. 31, 2014 PACER
35

NOTICE of Filing by Darius Ishun Green re 30 Second MOTION to Compel Regarding The Department Of Corrections' Unlawful Conduct During Discovery New Evidence That Supports Pl's Motion To Compel (ECF 30) (Attachments: # 1 Exhibit Email Demonstrating DOC Find Relevant Information Rather Quickly, # 2 Exhibit Declaration of Inmate Which Was Secured After Defendants Visited Inmate; Then Said Inmate Contacted Pl's Counsel)(Williams, Mario) (Entered: 11/03/2014)

Nov. 3, 2014 PACER
37

RESPONSE in Opposition re 29 First MOTION to Compel Against The Department Of CorrectionsFirst MOTION for Sanctions Against The Department of Corrections filed by John Brown, Torie Grubbs, Brad Hooks. (Hirsch, Michelle) (Entered: 11/04/2014)

Nov. 4, 2014 PACER
38

ORDER granting 31 Motion to Consolidate Cases. CV614-46 consolidated with CV614-103. Signed by Judge B. Avant Edenfield on 11/4/14. (bcw) (Entered: 11/04/2014)

Nov. 4, 2014 RECAP
39

MOTION to Dismiss by Cynthia Calhoun, Jettie Calhoun, Shawn Calhoun, Christopher Gay, Basahan McIntosh, Brad Westberry. Responses due by 11/21/2014. (Attachments: # 1 Briefs, # 2 Exhibit A, Declaration of Jettie Calhoun, # 3 Exhibit B, Declaration of Shawn Calhoun, # 4 Exhibit C, Declaration of Christopher Gay, # 5 Exhibit D, Declaration of Otis McIntosh, # 6 Exhibit E, Declaration of Leland Westberry, # 7 Exhibit F, Declaration of Cynthia Calhoun)(Hirsch, Michelle) (Entered: 11/04/2014)

Nov. 4, 2014 PACER
40

MOTION for leave to depose Joel Reid at his place of incarceration and brief in support. (Williams, Mario) Modified on 11/7/2014 (wwp). (Entered: 11/05/2014)

Nov. 5, 2014 PACER
41

MOTION to Dismiss by Charles Calhoun, John Jordan. Responses due by 11/24/2014. (Attachments: # 1 Briefs, # 2 Exhibit A, Declaration of John Jordan, # 3 Exhibit B, Declaration of Charles Calhoun)(Hirsch, Michelle) (Entered: 11/05/2014)

Nov. 5, 2014 PACER
42

MOTION for leave to depose Darryl Ricard at his place of incarceration and brief in support. (Williams, Mario) Modified on 11/7/2014 (wwp). (Entered: 11/05/2014)

Nov. 5, 2014 PACER

MOTIONS REFERRED: 40 MOTION for Leave to File, 42 MOTION for Leave to File. (wwp)

Nov. 7, 2014 PACER
43

MOTION to Dismiss by Benjamin Mourad. Responses due by 12/1/2014. (Attachments: # 1 Briefs, # 2 Exhibit A, Declaration of Benjamin Mourad)(Hirsch, Michelle) (Entered: 11/12/2014)

Nov. 12, 2014 PACER
44

Consent MOTION for Extension of Time to File Response/Reply as to 37 Response in Opposition to Motion Regarding Plaintiff's Motion To Compel and Sanction The Department Of Corrections by Darius Ishun Green. Responses due by 12/1/2014. (Williams, Mario) (Entered: 11/13/2014)

Nov. 13, 2014 PACER

MOTIONS REFERRED: 44 Consent MOTION for Extension of Time to File Response/Reply as to 37 Response in Opposition to Motion Regarding Plaintiff's Motion To Compel and Sanction The Department Of Corrections. (bcw)

Nov. 13, 2014 PACER
45

RESPONSE to Motion re 29 First MOTION to Compel Against The Department Of CorrectionsFirst MOTION for Sanctions Against The Department of Corrections filed by Georgia Department of Corrections. (Attachments: # 1 Exhibit A- "Emails To Mario Williams re: search for Identity of person who transported Plaintiff to cell", # 2 Exhibit B-"Sept. 24, 2014 email to Mario Williams with Plaintiff's hand written statement attached", # 3 Exhibit C-"Emails to Mario Williams re: location of security checklists")(McClendon, Angelique) (Entered: 11/14/2014)

Nov. 14, 2014 PACER
46

Consent MOTION to Stay re 10 Scheduling Order, Discovery by Darius Ishun Green. Responses due by 12/4/2014. (Williams, Mario) (Entered: 11/17/2014)

Nov. 17, 2014 PACER

MOTIONS REFERRED: 46 Consent MOTION to Stay re 10 Scheduling Order, Discovery. (wwp)

Nov. 17, 2014 PACER
47

Summons Returned Unexecuted by Darius Ishun Green as to Mark Smith. (Williams, Mario) (Entered: 11/17/2014)

Nov. 17, 2014 PACER
48

RESPONSE to Motion re 30 Second MOTION to Compel Regarding The Department Of Corrections' Unlawful Conduct During Discovery filed by Georgia Department of Corrections. (Attachments: # 1 Exhibit A- E-mail to Mario Williams regarding discovery pick-up", # 2 Exhibit B- "Subpoena Production Cover Letter", # 3 Exhibit C- "Email to Mario Williams regarding unredacted audit summaries", # 4 Exhibit D-"Email to Mario Williams re: locks as public records")(McClendon, Angelique) (Entered: 11/17/2014)

Nov. 17, 2014 PACER
49

RESPONSE in Opposition re 39 MOTION to Dismiss To Defs' Mot To Dimiss 39 filed by Darius Ishun Green. (Williams, Mario) (Entered: 11/21/2014)

Nov. 21, 2014 PACER
50

*******First MOTION for Hearing re 49 Response in Opposition to Motion, 39 MOTION to Dismiss, First MOTION for Order to Show Cause by Darius Ishun Green. Responses due by 12/11/2014. (Williams, Mario) (Entered: 11/24/2014)

Nov. 24, 2014 PACER
51

RESPONSE in Opposition re 43 MOTION to Dismiss To Mourad's Motion To Dismiss filed by Darius Ishun Green. (Williams, Mario) (Entered: 11/24/2014)

Nov. 24, 2014 PACER
52

RESPONSE in Opposition re 41 MOTION to Dismiss To Jordan And C Calhoun's MTD filed by Darius Ishun Green. (Williams, Mario) (Entered: 11/24/2014)

Nov. 24, 2014 PACER
53

REPLY to Response to Motion re 44 Consent MOTION for Extension of Time to File Response/Reply as to 37 Response in Opposition to Motion Regarding Plaintiff's Motion To Compel and Sanction The Department Of Corrections filed by Darius Ishun Green. (Williams, Mario) (Entered: 12/01/2014)

Dec. 1, 2014 PACER
54

REPLY to Response to Motion re 29 First MOTION to Compel Against The Department Of CorrectionsFirst MOTION for Sanctions Against The Department of Corrections Reply To Defendants Response To Pl's Mot To Compel And Sanction The Dept Of Corrections filed by Darius Ishun Green. (Williams, Mario) (Entered: 12/01/2014)

Dec. 1, 2014 PACER
55

NOTICE of Intent to File Reply Briefs by Charles Calhoun, Cynthia Calhoun, Jettie Calhoun, Shawn Calhoun, Christopher Gay, John Jordan, Basahan McIntosh, Benjamin Mourad, Brad Westberry re 43 MOTION to Dismiss, 39 MOTION to Dismiss, 41 MOTION to Dismiss . (Hirsch, Michelle) (Entered: 12/03/2014)

Dec. 3, 2014 PACER
56

REPLY to Response to Motion re 30 Second MOTION to Compel Regarding The Department Of Corrections' Unlawful Conduct During Discovery filed by Darius Ishun Green. (Williams, Mario) (Entered: 12/03/2014)

Dec. 3, 2014 PACER
57

Summons Issued as to Mark Smith. (bcw) (Entered: 12/04/2014)

Dec. 4, 2014 PACER
58

REPLY to Response to Motion re 43 MOTION to Dismiss, 39 MOTION to Dismiss, 41 MOTION to Dismiss filed by Charles Calhoun, Cynthia Calhoun, Jettie Calhoun, Shawn Calhoun, Christopher Gay, John Jordan, Basahan McIntosh, Benjamin Mourad, Brad Westberry. (Attachments: # 1 Exhibit A, Declaration of Melissa McClary, # 2 Exhibit B, Declaration of Leland Westberry, # 3 Exhibit C, List of Employees)(Hirsch, Michelle) (Entered: 12/08/2014)

Dec. 8, 2014 PACER
59

RESPONSE in Opposition re 50 First MOTION for Hearing re 49 Response in Opposition to Motion, 39 MOTION to Dismiss First MOTION for Order to Show Cause filed by Charles Calhoun, Cynthia Calhoun, Jettie Calhoun, Shawn Calhoun, Christopher Gay, John Jordan, Basahan McIntosh, Benjamin Mourad, Brad Westberry. (Hirsch, Michelle) (Entered: 12/08/2014)

Dec. 8, 2014 PACER
60

SUMMONS Returned Executed by Darius Ishun Green. (Williams, Mario) (Entered: 12/15/2014)

Dec. 15, 2014 PACER
61

ORDER granting 46 Motion to Stay discovery in the case. Signed by Magistrate Judge G. R. Smith on 12/16/14. (wwp) (Entered: 12/16/2014)

Dec. 16, 2014 PACER
62

Summons Issued as to Jermaine Calhoun, Terry Calhoun. (wwp) (Entered: 12/17/2014)

Dec. 17, 2014 PACER
63

SUR REPLY re 39 MOTION to Dismiss Plaintiff's Sur Reply to Defendants' reply in support of their Motion to Dismiss filed by Darius Ishun Green. (Attachments: # 1 Exhibit Defendants required specialized training regarding their work shifts in the protective custody (administration segregation) unit)(Williams, Mario) (Entered: 12/23/2014)

Dec. 23, 2014 PACER
64

SUMMONS Returned Executed by Darius Ishun Green. Terry Calhoun served on 12/23/2014, answer due 1/13/2015. (Williams, Mario) (Entered: 12/30/2014)

Dec. 30, 2014 PACER
65

SUMMONS Returned Executed by Darius Ishun Green. Jermaine Calhoun served on 12/23/2014, answer due 1/13/2015. (Williams, Mario) (Entered: 12/30/2014)

Dec. 30, 2014 PACER
66

MOTION to Dismiss by Mark Smith. Responses due by 1/19/2015. (Attachments: # 1 Briefs, # 2 Exhibit A, Declaration of Mark Smith, # 3 Exhibit B, Declaration of Ceci Jordan)(Hirsch, Michelle) (Entered: 01/02/2015)

Jan. 2, 2015 PACER

MOTIONS REFERRED: 66 MOTION to Dismiss. (bcw)

Jan. 5, 2015 PACER
67

Summons Issued as to Wayne Cook. (wwp) (Entered: 01/06/2015)

Jan. 6, 2015 PACER
68

ORDER granting in part and denying in part 39 Motion to Dismiss; granting in part and denying in part 41 Motion to Dismiss; granting in part and denying in part 43 Motion to Dismiss; denying 50 Motion for Hearing; denying 50 Motion for Order to Show Cause. The Court denied the Defendants' motions to dismiss, ECF 39, 41, 43 with regard to Counts I, II, and III. Therefore, those counts remain. Signed by Judge B. Avant Edenfield on 1/6/15. (wwp) Modified on 1/7/2015 (wwp). (Entered: 01/07/2015)

Jan. 6, 2015 RECAP
69

NOTICE of Filing by Mark Smith re 66 MOTION to Dismiss (Attachments: # 1 Declaration of Mark Smith)(Hirsch, Michelle) (Entered: 01/09/2015)

Jan. 9, 2015 PACER

Motions No Longer Referred: 66 MOTION to Dismiss. (wwp)

Jan. 12, 2015 PACER
70

MOTION to Dismiss by Jermaine Calhoun, Terry Calhoun. Responses due by 1/30/2015. (Attachments: # 1 Briefs, # 2 Exhibit A, Declaration of Terry Calhoun, # 3 Exhibit B, Declaration of Jermaine Calhoun)(Hirsch, Michelle) (Entered: 01/13/2015)

Jan. 13, 2015 PACER
71

RESPONSE in Opposition re 66 MOTION to Dismiss filed by Darius Ishun Green. (Williams, Mario) (Entered: 01/13/2015)

Jan. 13, 2015 PACER
72

RESPONSE in Opposition re 70 MOTION to Dismiss filed by Darius Ishun Green. (Williams, Mario) (Entered: 01/13/2015)

Jan. 13, 2015 PACER
73

SUMMONS Returned Executed by Darius Ishun Green. Wayne Cook served on 1/9/2015, answer due 1/30/2015. (Williams, Mario) (Entered: 01/14/2015)

Jan. 14, 2015 PACER
74

ORDER dismissing as moot 34 Motion for Leave of Absence. Signed by Judge B. Avant Edenfield on 1/22/15. (wwp) (Entered: 01/22/2015)

Jan. 22, 2015 PACER
75

ANSWER to Complaint by Charles Calhoun, Cynthia Calhoun, Jettie Calhoun, Shawn Calhoun, Christopher Gay, John Jordan, Basahan McIntosh, Benjamin Mourad, Brad Westberry.(Hirsch, Michelle) (Entered: 01/26/2015)

Jan. 26, 2015 PACER
76

MOTION to Dismiss (Partial) by Wayne Cook. Responses due by 2/12/2015. (Attachments: # 1 Briefs)(Hirsch, Michelle) (Entered: 01/26/2015)

Jan. 26, 2015 PACER
77

REPLY to Response to Motion re 66 MOTION to Dismiss, 70 MOTION to Dismiss filed by Jermaine Calhoun, Terry Calhoun, Mark Smith. (Attachments: # 1 Exhibit A, Executed Declaration of Terry Calhoun, # 2 Exhibit B, Executed Declaration of Jermaine Calhoun)(Hirsch, Michelle) (Entered: 01/28/2015)

Jan. 28, 2015 PACER
78

ORDER granting in part and denying in part 66 Motion to Dismiss; granting in part and denying in part 70 Motion to Dismiss; granting in part and denying in part 76 Motion to Dismiss. Signed by Judge B. Avant Edenfield on 2/10/15. (bcw) (Entered: 02/10/2015)

Feb. 10, 2015 RECAP
79

MOTION for Clarification re 78 Order on Motion to Dismiss,, by John Brown, Charles Calhoun, Cynthia Calhoun, Jermaine Calhoun, Jettie Calhoun, Shawn Calhoun, Terry Calhoun, Wayne Cook, Christopher Gay, Torie Grubbs, Brad Hooks, John Jordan, Basahan McIntosh, Benjamin Mourad, Mark Smith, Brad Westberry. Responses due by 3/5/2015. (Hirsch, Michelle) (Entered: 02/16/2015)

Feb. 16, 2015 PACER
80

ANSWER to Complaint with Defenses by Jermaine Calhoun, Terry Calhoun, Wayne Cook, Mark Smith.(Hirsch, Michelle) (Entered: 02/27/2015)

Feb. 27, 2015 PACER
81

ORDER REASSIGNING CASE. Case reassigned to Judge J. Randal Hall for all further proceedings. Judge B. Avant Edenfield no longer assigned to case. Signed by Chief Judge Lisa G. Wood on 5/7/15. (wwp) Modified on 5/11/2015 (wwp). (Main Document 81 replaced on 5/12/2015) (bcw). (Entered: 05/07/2015)

May 7, 2015 PACER
82

ORDER directing the Clerk to terminate 79 Motion for Clarification. Signed by Judge J. Randal Hall on 05/15/2015. (thb) (Entered: 05/15/2015)

May 15, 2015 PACER

Cases associated: Create association to 6:14-cv-00046-JRH-GRS. (jah)

June 18, 2015 PACER
84

ORDER denying as moot 33 Motion to Stay. Signed by Judge J. Randal Hall on 6/26/15. (cmr) (Entered: 06/26/2015)

June 26, 2015 RECAP
85

ORDER denying 29 Motion for Sanctions; granting in part and denying in part 30 Motion to Compel; granting 40 Motion for Leave to File; granting 42 Motion for Leave to File; granting 44 Motion for Extension of Time to File Response/Reply ; denying 29 Motion to Compel. Responses due by 8/3/2015 for the parties to confer and submit a status report to the Court proposing a new scheduling order. Signed by Magistrate Judge G. R. Smith on 7/16/15. (wwp) (Entered: 07/17/2015)

July 17, 2015 RECAP
86

REPORT of Rule 26(f) Planning Meeting. (Hirsch, Michelle) (Entered: 07/30/2015)

July 30, 2015 PACER
87

MOTION for Discovery Unopposed Motion for Leave to Depose Incarcerated Persons by John Brown, Charles Calhoun, Cynthia Calhoun, Jermaine Calhoun, Jettie Calhoun, Shawn Calhoun, Terry Calhoun, Wayne Cook, Christopher Gay, Torie Grubbs, Brad Hooks, John Jordan, Basahan McIntosh, Benjamin Mourad, Mark Smith, Brad Westberry. Responses due by 8/17/2015. (Attachments: # 1 Text of Proposed Order)(Hirsch, Michelle) (Entered: 07/30/2015)

July 30, 2015 PACER

MOTIONS REFERRED: 87 MOTION for Discovery Unopposed Motion for Leave to Depose Incarcerated Persons. (bcw)

July 30, 2015 PACER
88

ORDER granting 87 Motion for Discovery. Defendants are granted leave to depose William Douthitt and William Pierce. Signed by Magistrate Judge G. R. Smith on 7/30/15. (bcw) (Entered: 07/31/2015)

July 31, 2015 PACER

State / Territory: Georgia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 17, 2014

Closing Date: 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is a trans woman housed in a men's prison in Georgia

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Georgia Department of Corrections (Reidsville, Tattnall), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Assault/abuse by residents/inmates/students

Gay/lesbian/transgender

Prison Rape Elimination Act

Sexual abuse by residents/inmates

Discrimination-basis:

Gender identity

Type of Facility:

Government-run