Case: Jones v. Hill

1:20-cv-02791 | U.S. District Court for the Northern District of Georgia

Filed Date: July 1, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: Four incarcerated individuals filed this class-action lawsuit against the Clayton County Jail based on conditions-of-confinement claims, as well as a habeas claim, a Rehabilitation Act claim, and an ADA claim. The suit remains ongoing. Four individuals incarcerated in the Clayton County Jail filed this complaint against the Clayton County Sheriff, in the U.S. District Court for the Northern District of Georgia, on July 1, 2020. The COVID-19 pandemic was sweeping through jails…

COVID-19 Summary: Four incarcerated individuals filed this class-action lawsuit against the Clayton County Jail based on conditions-of-confinement claims, as well as a habeas claim, a Rehabilitation Act claim, and an ADA claim. The suit remains ongoing.


Four individuals incarcerated in the Clayton County Jail filed this complaint against the Clayton County Sheriff, in the U.S. District Court for the Northern District of Georgia, on July 1, 2020. The COVID-19 pandemic was sweeping through jails and prisons across the country, and the plaintiffs alleged that the jail was ignoring the health and safety of its inmates. Instead of decreasing its population, like jails and prisons across the country and across Georgia, the jail was increasing its population. The jail was infested with mold, mildew, cockroaches, and rodents, inmates were told to use underwear for face coverings, and many were forced to sleep on the floor next to open toilets. Social distancing was nonexistent, jail staff did not educate inmates about COVID-19 risks or prevention, and inmates who became ill were waiting up to a week to be treated by medical staff.

Represented by the ACLU, the ACLU of Georgia, and the Southern Center for Human Rights, the plaintiffs sued under 42 U.S.C. §1983, alleging violations of the Eighth and Fourteenth Amendments. Because their incarceration was unconstitutional, they argued, the court should issue a writ of habeas corpus under 28 U.S.C. §§2241 and 2243. They also brought claims under the Americans with Disabilities Act and the Rehabilitation Act, and sought a declaratory judgment under 28 U.S.C. §2201-2202. The petition was assigned to Judge Eleanor L. Ross, but she later recused herself and the case was reassigned to Judge J. P. Boulee.

The plaintiffs sought certification of two classes, each with two subclasses:

    the Pretrial Class, composed of all inmates who were at the jail awaiting trial, including:
    • a Medically Vulnerable Subclass (inmates with medical conditions which placed them at higher risk of serious illness or death from COVID-19), and
    • a Disabilities Subclass (inmates whose medical conditions also qualified as disabilities under the ADA and the Rehabilitation Act); and
    the Post-Adjudication Class, composed of all inmates who were serving time in the prison following conviction of a crime, including:
    • a Medically Vulnerable Subclass (inmates with medical conditions which placed them at higher risk of serious illness or death from COVID-19), and
    • a Disabilities Subclass (inmates whose medical conditions also qualified as disabilities under the ADA and the Rehabilitation Act).
They sought release or transfer for all members of the Medically Vulnerable and Disabilities Subclasses; an injunction requiring the jail to adopt measures to mitigate the risk of COVID-19 infection for the remaining inmates (including social distancing and personal protective equipment); a writ of habeas corpus directing the immediate transfer or release of the Medically Vulnerable and Disability Subclasses; and attorneys’ fees and costs.

The court denied the request for preliminary injunctive relief on July 9, 2020, stating that such a request must be made by separate motion, not in the complaint. The plaintiffs filed a separate motion for a preliminary injunction on July 27, 2020.

The defendants moved to dismiss the claims on August 3. The defendants argued that they were entitled to Eleventh Amendment immunity, that the plaintiffs failed to exhaust their administrative remedies as required by the Prison Litigation Reform Act, and that the plaintiffs failed to state both a habeas claim and an ADA claim. Before ruling on the motion, the Court granted the plaintiffs motion for an expedited discovery. On September 16, 2020, Magistrate Judge Christopher Bly recommended that one plaintiffs claims be dismissed as he had been released from jail, but advised that the other claims should proceed.

As of October 30, Judge Boulee had not granted or denied the motion and the case remains ongoing.

Summary Authors

Gregory Marsh (7/29/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18559757/parties/jones-v-hill/


Judge(s)

Bly, Christopher C. (Georgia)

Boulee, Jean-Paul None None (Georgia)

Ross, Eleanor Louise (Georgia)

Attorneys(s) for Plaintiff

Buskey, Brandon (New York)

Cutting, Jeremy Dakota (Georgia)

Fathi, David Cyrus (District of Columbia)

Geraghty, Sarah E. (Georgia)

Hunter, Robert W. (New York)

Lopez-Delgado, Andres Martin (Georgia)

Pevar, Stephen L. (Connecticut)

Judge(s)

Bly, Christopher C. (Georgia)

Boulee, Jean-Paul None None (Georgia)

Ross, Eleanor Louise (Georgia)

Attorneys(s) for Plaintiff

Buskey, Brandon (New York)

Cutting, Jeremy Dakota (Georgia)

Fathi, David Cyrus (District of Columbia)

Geraghty, Sarah E. (Georgia)

Hunter, Robert W. (New York)

Lopez-Delgado, Andres Martin (Georgia)

Pevar, Stephen L. (Connecticut)

Primerano, Ryan (Georgia)

Tucker, Kosha S (Georgia)

Attorneys(s) for Defendant

Hancock, Jack Reynolds (Georgia)

Loken, Jacob (Georgia)

Sabzevari, Arash Ali (Georgia)

Expert/Monitor/Master

Fefferman, Nina H. (Tennessee)

Rottnek, Fred (Missouri)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 17, 2021 Docket
1

Class Action Complaint and Petition for Writ of Habeas Corpus

July 1, 2020 Complaint
7 & 7-1

Plaintiffs' Motion for Class Certification

July 2, 2020 Pleading / Motion / Brief
8

Order

July 9, 2020 Order/Opinion
19 (19-1 to 19-5 and 19-15)

Plaintiffs' Motion for Preliminary Injunction

July 27, 2020 Pleading / Motion / Brief
23-1

Memorandum of Law in Support of Defendants' Motion to Dismiss

Aug. 3, 2020 Pleading / Motion / Brief
40

Defendants' Reply in Support of Motion to Dismiss I. Argument and Citation to Authority

Aug. 31, 2020 Pleading / Motion / Brief
52

Non-Final Report and Recommendation

Sept. 16, 2020 Order/Opinion
57

Plaintiffs' Reply Brief in Support of Motion for Preliminary Injunction

Sept. 24, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Civil Rights Groups File Lawsuit Against Clayton County Sheriff for Failure to Protect People in Jain from Escalating COVID-19 Outbreak

American Civil Liberties Union

ATLANTA –Last night, the Southern Center for Human Rights, the American Civil Liberties Union, and the ACLU of Georgia filed a lawsuit in federal district court on behalf of four people incarcerated … July 2, 2020 https://www.acluga.org/en/press-releases/civil-rights-groups-file-lawsuit-against-clayton-county-sheriff-failure-protect

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18559757/jones-v-hill/

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

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT AND PETITION FOR WRIT OF HABEAS CORPUS (request for injunctive relief found within) filed by Randolph Mitchell, Michael Singleton, Rhonda Jones, Barry Watkins. (Filing fee $400, receipt number AGANDC-9861789) (Attachments: # (1) Statement of Related Case, # (2) Civil Cover Sheet)(tmf) 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 on 7/2/2020 to edit text(tmf).

1 Statement of Related Case

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2 Civil Cover Sheet

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July 1, 2020 PACER
2

Certificate of Interested Persons and Corporate Disclosure Statement by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (tmf)

July 1, 2020 PACER

Submission of 1 Complaint,, to District Judge Eleanor L. Ross. (tmf)

July 2, 2020 PACER

Clerks Notation re 2 Certificate of Interested Persons/Corporate Disclosures by Rhonda Jones, Randolph Mitchell, Michael Singleton and Barry Watkins. Read and approved by District Judge Eleanor L. Ross. (mlb)

July 2, 2020 PACER
3

Electronic Summons Issued as to Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas. (Attachments: # (1) Summons Gibson, # (2) Summons Hill, # (3) Summons Johnson, # (4) Summons Thomas)(tmf)

1 Summons Gibson

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2 Summons Hill

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3 Summons Johnson

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4 Summons Thomas

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July 2, 2020 PACER
4

GENERAL ORDER 20-01 Fourth Amendment IN RE: COURT OPERATIONS UNDERTHE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS Signed by Judge Thomas W. Thrash, Jr. on 7/1/2020. (tmf)

July 2, 2020 PACER
5

NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb)

July 2, 2020 PACER
6

NOTICE Of Filing by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins (Attachments: # (1) Exhibit A: Declarations of Named Plaintiffs Currently Incarcerated in the Clayton County Jail, # (2) Exhibit B: Redacted Declarations of People Currently Incarcerated in or Recently Released from the Clayton County Jail)(Cutting, Jeremy)

1 Exhibit A: Declarations of Named Plaintiffs Currently Incarcerated in the Clayto

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2 Exhibit B: Redacted Declarations of People Currently Incarcerated in or Recently

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July 2, 2020 PACER
7

MOTION to Certify Class with Brief In Support by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Attachments: # (1) Brief in Support of Plaintiffs' Motion to Certify Class)(Primerano, Ryan)

1 Brief in Support of Plaintiffs' Motion to Certify Class

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July 2, 2020 PACER

CASE REFERRED to Magistrate Judge Christopher C. Bly. (jed)

July 9, 2020 PACER

Submission of 8 Order and 1 Complaint to Magistrate Judge Christopher C. Bly. (jed)

July 9, 2020 PACER
8

ORDER: The Court DENIES Plaintiffs' request for preliminary injunctive relief. Furthermore, because Plaintiffs' Complaint seeks habeas corpus relief pursuant to 28 U.S.C. §§ 2241 and 2243, the Court DIRECTS the Clerk to refer this case to a Magistrate Judge pursuant to Standing Order 18-01. Signed by Judge Eleanor L. Ross on 7/9/2020. (jed)

July 9, 2020 PACER
9

MOTION for Leave to File Excess Pages with Brief In Support by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Primerano, Ryan)

July 10, 2020 PACER
10

FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (mmc) (ADI)

July 13, 2020 RECAP
11

NOTICE of Appearance by Arash A. Sabzevari on behalf of Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas (Sabzevari, Arash)

July 13, 2020 PACER
12

APPLICATION for Admission of David Fathi Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9910935).by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Geraghty, Sarah) Documents for this entry are not available for viewing outside the courthouse.

July 14, 2020 PACER
13

NOTICE of Appearance by Jack Reynolds Hancock on behalf of Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas (Hancock, Jack)

July 14, 2020 PACER
14

APPLICATION for Admission of Stephen Pevar Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9916491).by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Tucker, Kosha) Documents for this entry are not available for viewing outside the courthouse.

July 15, 2020 PACER
15

APPLICATION for Admission of Robert W. Hunter Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9916569).by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Tucker, Kosha) Documents for this entry are not available for viewing outside the courthouse.

July 15, 2020 PACER
16

ORDER granting [9] Motion for Leave to File Excess Pages. Plaintiffs may file an additional ten (10) pages - for a total of thirty-five (35) pages - to its forthcoming Motion for Preliminary Injunction. Signed by Judge Eleanor L. Ross on 7/15/2020. (jpk)

July 15, 2020 PACER

APPROVAL by Clerks Office re: 12 APPLICATION for Admission of David Fathi Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9910935).. Attorney David C. Fathi added appearing on behalf of Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins (nmb)

July 16, 2020 PACER

MINUTE ORDER (by docket entry only) GRANTING 12 Application for Admission Pro Hac Vice of David C. Fathi. Approved by District Judge Eleanor L. Ross on 7/16/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(mlb)

July 16, 2020 PACER

Clerk's Certificate of Mailing (via email) to Attorney David C. Fathi as to Rhonda Jones, Randolph Mitchell, Michael Singleton and Barry Watkins regarding Order on Application for Admission PHV. (mlb)

July 16, 2020 PACER

APPROVAL by Clerks Office re: 15 APPLICATION for Admission of Robert W. Hunter Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9916569).. Attorney Robert W. Hunter added appearing on behalf of Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins (nmb)

July 17, 2020 PACER

MINUTE ORDER (by docket entry only) GRANTING 15 Application for Admission Pro Hac Vice of Robert W. Hunter. Approved by District Judge Eleanor L. Ross on 7/17/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(mlb)

July 17, 2020 PACER

Clerk's Certificate of Mailing (via email) to Attorneys Stephen Pevar and Robert Hunter as to Michael Singleton and Barry Watkins regarding Order(s) on Application for Admission PHVs. (mlb)

July 17, 2020 PACER
17

APPLICATION for Admission of Brandon Buskey Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9924715).by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Tucker, Kosha) Documents for this entry are not available for viewing outside the courthouse.

July 17, 2020 PACER

Submission of 7 MOTION to Certify Class to Magistrate Judge Christopher C. Bly. (jpk)

July 20, 2020 PACER
18

NOTICE of Leave of Absence for the following dates: July 27, 2020 - July 31, 2020 by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas (Hancock, Jack) Modified on 7/22/2020 to edit text and add dates (jpk).

July 21, 2020 PACER

APPROVAL by Clerks Office re: 17 APPLICATION for Admission of Brandon Buskey Pro Hac Vice (Application fee $ 150, receipt number AGANDC-9924715).. Attorney Brandon Buskey added appearing on behalf of Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins (nmb)

July 24, 2020 PACER

MINUTE ORDER (by docket entry only) GRANTING 17 Application for Admission Pro Hac Vice of Brandon Buskey. Approved by District Judge Eleanor L. Ross on 7/24/20. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(mlb)

July 24, 2020 PACER

Clerk's Certificate of Mailing (via email) to Attorney Brandon Buskey as to Rhonda Jones, Randolph Mitchell, Michael Singleton and Barry Watkins regarding Order on Application for Admission PHV. (mlb)

July 24, 2020 PACER
19

MOTION for Preliminary Injunction with Brief In Support by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Attachments: # (1) Brief in Support of Motion for Preliminary Injunction, # (2) Exhibit A: Declaration of Nina H. Fefferman, Ph.D, # (3) Exhibit B: Declaration of Fred Rottnek, M.D., # (4) Exhibit C: Declaration of Emmitt L. Sparkman, # (5) Exhibit D: Declarations of 12 Current or Recent Detainees, # (6) Exhibit E: Email from E. Cross to Defendants, Mar. 13, 2020, # (7) Exhibit F: Email from Sheriff Victor Hill, Mar. 17, 2020, # (8) Exhibit G: Records from Clayton County Health District, # (9) Exhibit H: Records from CorrectHealth, LLC, # (10) Exhibit I: Detainee Grievances, # (11) Exhibit J: Assorted COVID-19 Records from Clayton Cty. Sheriffs Office, # (12) Exhibit K: Clayton Cty. Sheriffs Office Advisory, Jul. 2, 2020, # (13) Exhibit L: CDC Interim Guidance, # (14) Exhibit M: Ga. Dept of Public Health Interim Guidance, # (15) Text of Proposed Order Granting Motion for Preliminary Injunction)(Cutting, Jeremy)

1 Brief in Support of Motion for Preliminary Injunction

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2 Exhibit A: Declaration of Nina H. Fefferman, Ph.D

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3 Exhibit B: Declaration of Fred Rottnek, M.D.

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4 Exhibit C: Declaration of Emmitt L. Sparkman

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5 Exhibit D: Declarations of 12 Current or Recent Detainees

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6 Exhibit E: Email from E. Cross to Defendants, Mar. 13, 2020

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7 Exhibit F: Email from Sheriff Victor Hill, Mar. 17, 2020

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8 Exhibit G: Records from Clayton County Health District

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9 Exhibit H: Records from CorrectHealth, LLC

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10 Exhibit I: Detainee Grievances

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11 Exhibit J: Assorted COVID-19 Records from Clayton Cty. Sheriffs Office

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12 Exhibit K: Clayton Cty. Sheriffs Office Advisory, Jul. 2, 2020

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13 Exhibit L: CDC Interim Guidance

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14 Exhibit M: Ga. Dept of Public Health Interim Guidance

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15 Text of Proposed Order Granting Motion for Preliminary Injunction

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July 27, 2020 PACER
20

MOTION for Hearing re [19] MOTION for Preliminary Injunction, MOTION to Expedite Hearing on Motion for Preliminary Injunction with Brief In Support by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Cutting, Jeremy)

July 27, 2020 PACER
21

MOTION for Discovery, MOTION to Expedite Discovery with Brief In Support by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Attachments: # (1) Brief in Support of Motion for Expedited Discovery, # (2) Exhibit A: Plaintiffs Proposed Written Discovery, # (3) Text of Proposed Order Granting Plaintiffs Request for Expedited Discovery)(Cutting, Jeremy)

1 Brief in Support of Motion for Expedited Discovery

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2 Exhibit A: Plaintiffs Proposed Written Discovery

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3 Text of Proposed Order Granting Plaintiffs Request for Expedited Discovery

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July 27, 2020 PACER
22

ORDER OF RECUSAL. Judge Eleanor L. Ross recused. Case reassigned to Judge J. P. Boulee for all further proceedings NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:20-CV-02791-JPB-CCB. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Eleanor L. Ross on 7/28/2020. (jpk)

July 28, 2020 PACER
23

First MOTION to Dismiss with Brief In Support by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas. (Attachments: # (1) Brief Memorandum of Law, # (2) Exhibit)(Sabzevari, Arash)

1 Brief Memorandum of Law

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2 Exhibit

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Aug. 3, 2020 PACER
24

First Certificate of Interested Persons by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas. (Sabzevari, Arash)

Aug. 3, 2020 PACER
25

First MOTION to Stay Discovery with Brief In Support by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas. (Attachments: # (1) Text of Proposed Order)(Sabzevari, Arash)

1 Text of Proposed Order

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Aug. 3, 2020 PACER
26

Consent MOTION for Leave to File Excess Pages in Brief in Opposition to Motion for Preliminary Injunction by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas. (Attachments: # (1) Text of Proposed Order)(Sabzevari, Arash)

1 Text of Proposed Order

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Aug. 3, 2020 PACER

ORDER: For good cause shown, the 26 Consent Motion for Leave to File Excess Pages is GRANTED. IT IS HEREBY ORDERED that Defendants response in opposition to Plaintiffs Motion for Preliminary Injunction may exceed the page limit by ten additional pages for a total of thirty-five pages. Signed by Judge J. P. Boulee on 8/4/20. (bnw)

Aug. 4, 2020 PACER
27

SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (dgs) (ADI)

Aug. 4, 2020 PACER
28

MOTION to Stay or in the Alternative, MOTION for Extension of Time to File Response in Opposition to Plaintiffs' Motion for Preliminary Injunction re: [19] MOTION for Preliminary Injunction with Brief In Support by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas. (Attachments: # (1) Text of Proposed Order Staying Motion for Preliminary Injunction, # (2) Text of Proposed Order Granting Extension of Time)(Sabzevari, Arash)

1 Text of Proposed Order Staying Motion for Preliminary Injunction

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2 Text of Proposed Order Granting Extension of Time

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Aug. 4, 2020 PACER
29

RESPONSE in Opposition re [20] MOTION for Hearing re [19] MOTION for Preliminary Injunction MOTION to Expedite Hearing on Motion for Preliminary Injunction filed by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas. (Attachments: # (1) Text of Proposed Order Denying Motion for Expedited Hearing)(Sabzevari, Arash)

1 Text of Proposed Order Denying Motion for Expedited Hearing

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Aug. 4, 2020 PACER
30

RESPONSE in Opposition re [21] MOTION for Discovery MOTION to Expedite Discovery filed by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas. (Attachments: # (1) Text of Proposed Order Denying Motion for Expedited Discovery)(Sabzevari, Arash)

1 Text of Proposed Order Denying Motion for Expedited Discovery

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Aug. 4, 2020 PACER

ORDER: This Court HEREBY ORDERS expedited briefing on Defendants' 28 Motion to Stay Plaintiffs' Motion for Preliminary Injunction. Plaintiffs shall file their response to Defendants' Motion to Stay no later than noon on August 10, 2020. Defendants' reply, if any, shall be filed no later than the close of business on August 11, 2020. Signed by Judge J. P. Boulee on 8/6/20. (bnw)

Aug. 6, 2020 PACER
31

RESPONSE in Opposition re [28] MOTION to Stay or in the Alternative MOTION for Extension of Time to File Response in Opposition to Plaintiffs' Motion for Preliminary Injunction re: [19] MOTION for Preliminary Injunction filed by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Attachments: # (1) Exhibit A: CorrectHealth June Statistical Report)(Primerano, Ryan)

1 Exhibit A: CorrectHealth June Statistical Report

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Aug. 10, 2020 PACER
32

REPLY BRIEF re [28] MOTION to Stay or in the Alternative MOTION for Extension of Time to File Response in Opposition to Plaintiffs' Motion for Preliminary Injunction re: [19] MOTION for Preliminary Injunction filed by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas. (Sabzevari, Arash)

Aug. 11, 2020 PACER
33

MOTION for Leave to File Excess Pages with Brief In Support by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Attachments: # (1) Text of Proposed Order Granting Motion for Leave to File Excess Pages)(Primerano, Ryan)

1 Text of Proposed Order Granting Motion for Leave to File Excess Pages

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Aug. 13, 2020 PACER
34

STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge J. P. Boulee on 8/14/20. (bnw)

Aug. 14, 2020 PACER
35

ORDER granting [21] Plaintiffs' Motion for Expedited Discovery. At this time, this Court will not determine the exact scope of the permissible discovery or the corresponding deadlines to complete discovery. Discovery, however, shall not be broader than that requested in the Motion for Expedited Discovery. No later than August 21, 2020, the parties are to meet and confer to determine the proper scope of the allowable discovery pursuant to this Court's Standing Order. Defendants; Motion to Stay Plaintiffs' Motion for Preliminary Injunction, or in the alternative, Motion for Extension of Time [28] is granted in part. Defendants shall file their response to Plaintiffs' Motion for Preliminary Injunction no later than August 31, 2020. Plaintiffs' reply, if any, shall be filed no later than September 14, 2020. Signed by Judge J. P. Boulee on 8/14/2020. (ddm)

Aug. 14, 2020 PACER
36

MINUTE ORDER: Plaintiffs' unopposed motion for a page-limit extension, (Doc. 33), is GRANTED. Plaintiffs may file a brief of up to 35 pages in length in response to Defendants' motion to dismiss, and Defendants may file a reply brief of up to 25 pages in length. Ordered by Magistrate Judge Christopher C. Bly on 8/14/20. (jtj)

Aug. 14, 2020 PACER
37

RESPONSE in Opposition re [23] First MOTION to Dismiss filed by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Attachments: # (1) Exhibit A: Clayton County Sheriff's Office Request for Proposal No. SO-02)(Cutting, Jeremy)

1 Exhibit A: Clayton County Sheriff's Office Request for Proposal No. SO-02

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Aug. 17, 2020 PACER
38

RESPONSE in Opposition re [25] First MOTION to Stay Discovery filed by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Primerano, Ryan)

Aug. 17, 2020 PACER

Submission of 20 MOTION for Hearing re 19 MOTION for Preliminary Injunction, MOTION to Expedite Hearing on Motion for Preliminary Injunction, to Magistrate Judge Christopher C. Bly. (ddm)

Aug. 24, 2020 PACER
39

CERTIFICATE OF SERVICE by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas.(Sabzevari, Arash)

Aug. 28, 2020 PACER
40

REPLY BRIEF re [23] First MOTION to Dismiss filed by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas. (Sabzevari, Arash)

Aug. 31, 2020 RECAP
41

RESPONSE in Opposition re [19] MOTION for Preliminary Injunction filed by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas. (Attachments: # (1) Exhibit Declaration of Terrance Gibson, # (2) Exhibit Declaration of Demarco May, # (3) Exhibit Declaration of Doctor Charles Clopton, # (4) Exhibit Declaration of Edward Sweeney)(Sabzevari, Arash)

1 Exhibit Declaration of Terrance Gibson

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2 Exhibit Declaration of Demarco May

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3 Exhibit Declaration of Doctor Charles Clopton

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4 Exhibit Declaration of Edward Sweeney

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Aug. 31, 2020 PACER
42

SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (ddm) (ADI)

Sept. 2, 2020 PACER

Submission of 23 First MOTION to Dismiss, 25 First MOTION to Stay Discovery, to Magistrate Judge Christopher C. Bly. (ddm)

Sept. 4, 2020 PACER
43

RESPONSE re [35] Order on Motion for Discovery,,,, Order on Motion to Expedite,,,, Order on Motion to Stay,,,, Order on Motion for Extension of Time,,, Consolidated/Joint Discovery Statement filed by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Attachments: # (1) Exhibit A: Description of Proposed Inspection, # (2) Exhibit B: Excerpt of Original Relevant Discovery Requests)(Cutting, Jeremy)

1 Exhibit A: Description of Proposed Inspection

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2 Exhibit B: Excerpt of Original Relevant Discovery Requests

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Sept. 4, 2020 PACER
44

Unopposed MOTION for Leave to File Excess Pages, First MOTION for Extension of Time to File Reply in Support of Plaintiffs' re: [19] MOTION for Preliminary Injunction with Brief In Support by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Attachments: # (1) Text of Proposed Order)(Cutting, Jeremy)

1 Text of Proposed Order

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Sept. 8, 2020 PACER

ORDER: For good cause shown, Plaintiffs' 44 Motion for Extension of Time and Page Limit is GRANTED. IT IS HEREBY ORDERED that Plaintiffs' reply brief can exceed the allowable page limitation, but shall not exceed twenty-five pages. IT IS FURTHER ORDERED that Plaintiffs' deadline to file the reply brief is extended through and including September 24, 2020. Signed by Judge J. P. Boulee on 9/10/20. (bnw)

Sept. 10, 2020 PACER
45

RESPONSE re [44] Unopposed MOTION for Leave to File Excess Pages First MOTION for Extension of Time to File Reply in Support of Plaintiffs' re: [19] MOTION for Preliminary Injunction filed by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas. (Sabzevari, Arash)

Sept. 10, 2020 PACER

NOTICE of TELECONFERENCE Hearing: Hearing set for 9/11/2020 at 2:00 PM EST before Judge J. P. Boulee. (bnw)

Sept. 11, 2020 PACER
46

CERTIFICATE OF SERVICE by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas.(Sabzevari, Arash)

Sept. 11, 2020 PACER
47

Minute Entry for proceedings held before Judge J. P. Boulee: The Court held a discovery hearing on 9/11/20. The Court granted Plaintiffs request for an inspection to be performed at a time agreeable to the parties. The limitations proposed by Defendants in footnote 8 of the discovery statement are approved with the following exceptions: (1) the court will not appoint a court appointed expert; and (2) the authorized individuals who can attend the inspection are the four experts (two from each party), and two counsel for Plaintiffs and two counsel for Defendants. Plaintiffs request for production of documents is granted and Plaintiffs are entitled to documents from July 1, 2020, to the present assuming that a protective order is in place. No later than the close of business on Wednesday, September 16, 2020, Plaintiffs shall brief any issues associated with the protective order. Defendants shall respond regarding the protective order no later than close of business on Friday, September 18, 2020. (Court Reporter Penny Coudriet)(ddm)

Sept. 11, 2020 PACER
48

NOTICE Of Filing DEFENDANTS NOTICE OF FILING ADDITIONAL EVIDENCE IN OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas re [41] Response in Opposition to Motion, Plaintiffs Motion for Preliminary Injunction (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5, # (6) Exhibit Exhibit 6, # (7) Exhibit Exhibit 7, # (8) Exhibit Exhibit 8, # (9) Exhibit Exhibit 9, # (10) Exhibit Exhibit 10, # (11) Exhibit Exhibit 11, # (12) Exhibit Exhibit 12, # (13) Exhibit Exhibit 13, # (14) Exhibit Exhibit 14, # (15) Exhibit Exhibit 15, # (16) Exhibit Exhibit 16, # (17) Exhibit Exhibit 17)(Sabzevari, Arash)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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4 Exhibit Exhibit 4

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5 Exhibit Exhibit 5

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6 Exhibit Exhibit 6

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7 Exhibit Exhibit 7

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8 Exhibit Exhibit 8

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9 Exhibit Exhibit 9

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10 Exhibit Exhibit 10

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11 Exhibit Exhibit 11

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12 Exhibit Exhibit 12

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13 Exhibit Exhibit 13

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14 Exhibit Exhibit 14

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15 Exhibit Exhibit 15

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16 Exhibit Exhibit 16

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17 Exhibit Exhibit 17

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Sept. 14, 2020 PACER
49

CERTIFICATE OF SERVICE by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas.(Sabzevari, Arash)

Sept. 14, 2020 PACER
50

MOTION to Withdraw Robert W. Hunter as Attorneyby Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Attachments: # (1) Text of Proposed Order)(Hunter, Robert)

1 Text of Proposed Order

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Sept. 15, 2020 PACER

ORDER granting 50 Motion to Withdraw as Attorney. Attorney Robert W. Hunter terminated. Signed by Judge J. P. Boulee on 9/16/20. (bnw)

Sept. 16, 2020 PACER
51

RESPONSE re [47] Discovery Hearing,,,, Plaintiffs' Supplemental Memorandum of Law in Support of the Production of Certain Grievances and "Sick Call" Requests Related to COVID-19 filed by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Attachments: # (1) Exhibit A: Proposed Protective Order, # (2) Exhibit B: Protective Order - Barnett v. Tony, # (3) Exhibit C: CorrectHealth Contract)(Cutting, Jeremy)

1 Exhibit A: Proposed Protective Order

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2 Exhibit B: Protective Order - Barnett v. Tony

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3 Exhibit C: CorrectHealth Contract

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Sept. 16, 2020 PACER
52

NON-FINAL REPORT AND RECOMMENDATION RECOMMENDING that Defendants' motion to dismiss (Doc. 23) be GRANTED IN PART and DENIED IN PART, Plaintiff Randolph Mitchel's individual claims be DISMISSED, the remaining Plaintiffs' claims of deliberate indifference be ALLOWED TO PROCEED, and the remaining Plaintiffs' remaining claims be DISMISSED. Signed by Magistrate Judge Christopher C. Bly on 9/16/20. (jtj)

Sept. 16, 2020 RECAP
53

ORDER for Service of [52] Non-Final Report and Recommendation, by Magistrate Judge Christopher C. Bly. 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 Christopher C. Bly on 9/16/20. (jtj)

Sept. 16, 2020 PACER
54

ORDER advising the parties that, upon further consideration, the Court is satisfied that the filing fee has been paid in this case. Signed by Magistrate Judge Christopher C. Bly on 9/17/2020. (ddm)

Sept. 17, 2020 PACER
55

RESPONSE re [47] Discovery Hearing,,,, DEFENDANTS RESPONSE TO PLAINTIFFS MEMORANDUM OF LAW FOR THE PRODUCTION OF COVID-19 RELATED GRIEVANCES AND SICK CALL REQUESTS filed by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas. (Sabzevari, Arash)

Sept. 18, 2020 PACER
56

ORDER re [43] Consolidated/Joint Discovery Statement. This Court is not persuaded that individual medical releases are required. This Court is satisfied that Plaintiffs are entitled to the discovery of the sick call requests, medical requests and grievances filed in relation to COVID-19 and that a protective order should allay any concerns about patient privacy where, as here, a non-covered entity under the Health Insurance Portability and Accountability Act (HIPAA) is the one producing medical information. The Proposed HIPAA-Qualified Protective Order [Doc. 51-1] is APPROVED as if fully incorporated herein. Signed by Judge J. P. Boulee on 9/24/20. (jpa)

Sept. 24, 2020 PACER
57

REPLY BRIEF re [19] MOTION for Preliminary Injunction filed by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Attachments: # (1) Exhibit A: Supplemental Declaration of Nina H. Fefferman, Ph.D, # (2) Exhibit B: Declarations of Thirteen Current or Recent Detainees, # (3) Exhibit C: Email from E. Smith, CorrectHealth, # (4) Exhibit D: Screenshots from Court Appearances, # (5) Exhibit E: Email from O. Adewale, Clayton County Health District)(Cutting, Jeremy)

1 Exhibit A: Supplemental Declaration of Nina H. Fefferman, Ph.D

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2 Exhibit B: Declarations of Thirteen Current or Recent Detainees

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3 Exhibit C: Email from E. Smith, CorrectHealth

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4 Exhibit D: Screenshots from Court Appearances

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5 Exhibit E: Email from O. Adewale, Clayton County Health District

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Sept. 24, 2020 RECAP

Submission of 19 MOTION for Preliminary Injunction, to District Judge J. P. Boulee. (ddm)

Sept. 28, 2020 PACER
58

NOTICE of Appearance by Andres Martin Lopez-Delgado on behalf of Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins (Lopez-Delgado, Andres)

Sept. 29, 2020 PACER
59

EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (adg) (ADI)

Sept. 29, 2020 PACER
60

OBJECTIONS to [52] Report and Recommendation filed by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Lopez-Delgado, Andres)

Sept. 30, 2020 PACER
61

CERTIFICATE OF SERVICE of Discovery Materials by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas.(Sabzevari, Arash)

Oct. 1, 2020 PACER

ORDER granting 62 Motion to Withdraw as Attorney. Attorney Kosha Shonyetta Tucker terminated. Signed by Judge J. P. Boulee on 10/2/20. (bnw)

Oct. 2, 2020 PACER
62

MOTION to Withdraw Kosha Shonyetta Tucker as Attorneyby Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Attachments: # (1) Text of Proposed Order)(Tucker, Kosha)

1 Text of Proposed Order

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Oct. 2, 2020 PACER

Submission of the 52 REPORT AND RECOMMENDATION and 23 First MOTION to Dismiss to District Judge J. P. Boulee. (aaq)

Oct. 5, 2020 PACER
63

Joint MOTION for Protective Order Regarding Photographs Taken During Jail Inspection by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins. (Attachments: # (1) Text of Proposed Order)(Primerano, Ryan)

1 Text of Proposed Order

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Oct. 7, 2020 PACER
64

Consent MOTION for Extension of Time Respond to Plaintiff's Objections to Report and Recommendation by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas. (Attachments: # (1) Text of Proposed Order)(Sabzevari, Arash)

1 Text of Proposed Order

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Oct. 8, 2020 PACER

ORDER: For good cause shown, the 64 Consent Motion for Extension of Time for Defendants to Respond to Plaintiffs' Objections is GRANTED. IT IS HEREBY ORDERED that Defendant shall respond to Plaintiffs' objections no later than October 21, 2020. Signed by Judge J. P. Boulee on 10/9/20. (bnw)

Oct. 9, 2020 PACER
65

CERTIFICATE OF SERVICE by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas.(Sabzevari, Arash)

Oct. 12, 2020 PACER
66

Petition for Leave of Absence for the following date(s): November 13 and 16 2020; November 20, 2020 through November 24, 2020; December 28, 2020 through January 4, 2021; January 15, 2021 through January 19, 2021; February 12, 2021 through February 22, 2021; April 2, 2021 through April 12, 2021; May 28, 2021 through June 1, 2021; July 2, 2021 through including July 5, 2021., by Arash A. Sabzevari. (Sabzevari, Arash)

Oct. 14, 2020 PACER
67

CERTIFICATE OF SERVICE of Discovery Materials by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas.(Sabzevari, Arash)

Oct. 19, 2020 PACER
68

Petition for Leave of Absence for the following date(s): October 23 and 24, 2020; November 2, 2020 through and including November 6, 2020, by Jack Reynolds Hancock. (Hancock, Jack)

Oct. 19, 2020 PACER
69

RESPONSE re [60] Objections to Report and Recommendation filed by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas. (Sabzevari, Arash)

Oct. 21, 2020 PACER

Submission of 63 Joint MOTION for Protective Order Regarding Photographs Taken During Jail Inspection, to Magistrate Judge Christopher C. Bly. (ddm)

Oct. 26, 2020 PACER
70

ORDER granting [63] the parties' Joint Motion for Protective Order Regarding Photographs Taken During Jail Inspection. Signed by Judge J. P. Boulee on 10/27/2020. (ddm)

Oct. 27, 2020 PACER
71

First Initial Disclosures by Rhonda Jones, Randolph Mitchell, Michael Singleton, Barry Watkins.(Cutting, Jeremy)

Nov. 5, 2020 PACER
72

CERTIFICATE OF SERVICE of Discovery Materials by Roland Boehrer, Terrance Gibson, Victor Hill, Maurice Johnson, Kevin Thomas.(Sabzevari, Arash)

Nov. 18, 2020 PACER

ORDER: In light of this Court's 73 Order, the First 25 Motion to Stay Discovery is DENIED AS MOOT. Signed by Judge J. P. Boulee on 11/19/20. (bnw)

Nov. 19, 2020 PACER

NOTICE OF VIDEO PROCEEDING : Preliminary Injunction Hearing set for 12/8/2020 at 9:00 AM before Judge J. P. Boulee. Connection Instructions: Join ZoomGov Meeting https://ganduscourts.zoomgov.com/j/1605978758 Meeting ID: 160 597 8758 Passcode: 934852 One tap mobile +16692545252 You must follow the instructions of the Court for remote proceedings available here. The procedure for filing documentary exhibits admitted during the proceeding is available here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (bnw) Modified on 11/23/2020 to edit time (bnw).

Nov. 19, 2020 PACER

State / Territory: Georgia

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: July 1, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Inmates at the Clayton County Jail (Georgia) threatened by the COVID-19 pandemic.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Southern Center for Human Rights (SCHR)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Sheriff of Clayton County, Georgia (Clayton), County

Jail Administrator (Clayton), County

Jail Security Operations Section Commander (Clayton), 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.

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

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Reasonable Accommodations

Reasonable Modifications

Sanitation / living conditions

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run