Case: Middleton v. Ward

5:21-cv-00334 | U.S. District Court for the Middle District of Georgia

Filed Date: Sept. 10, 2021

Closed Date: March 9, 2022

Clearinghouse coding complete

Case Summary

This putative class-action challenged the conditions of confinement in segregation units at the Georgia State Prison (GSP), an over 100-year-old maximum security facility in Tattnall County. The plaintiffs were three men held in the prison's "Tier II Program" and other solitary confinement housing units, one of whom had a mental health condition recognized by the Georgia Department of Corrections (Department). Tier II was an “incentive program” used to encourage “appropriate adjustments” so tha…

This putative class-action challenged the conditions of confinement in segregation units at the Georgia State Prison (GSP), an over 100-year-old maximum security facility in Tattnall County. The plaintiffs were three men held in the prison's "Tier II Program" and other solitary confinement housing units, one of whom had a mental health condition recognized by the Georgia Department of Corrections (Department). Tier II was an “incentive program” used to encourage “appropriate adjustments” so that people can be returned to the general population. The plaintiffs alleged that in practice, this meant assigning people to in-cell lockdown for months or even years on end. Further, over 70 percent of the approximately 300 men in GSP’s Tier II Program have a serious mental illness. The Department had allegedly placed numerous men in the program solely by reason of their mental conditions. Further, the Department allegedly failed to provide adequate care and forced people into conditions that were so harsh and isolating that self-injury, violence, and even suicide were commonplace at GSP.

On September 10, 2021, the plaintiffs filed a class action complaint in the U.S. District Court for the Middle District of Georgia, where it was assigned to U.S. District Judge Marc T. Treadwell. The defendants included officials from both the Department and GSP. The plaintiffs sued under 42 U.S.C. § 1983, the Declaratory Judgment Act, the Americans with Disabilities Act (ADA), and the Rehabilitation Act (Rehab Act), They alleged the conditions violated the cruel and unusual punishments clause of the Eighth Amendment and the guarantees against discrimination based on disability created by the ADA and the Rehab Act. Relief sought included both declaratory and injunctive relief, as well as attorneys fees.

On September 16, 2021, the plaintiffs moved to certify two classes. The primary class included “all persons who are now or will in the future be held in [GSP’s] Tier II Program segregation units or other segregation units that indefinitely confine persons to their cells for 22 or more hours per day.” The subclass contained the same language except it was limited to those classified by the Georgia Department of Corrections as having certain mental health or psychiatric conditions.

On October 8, 2021, defendants moved to dismiss, citing the plaintiffs’ apparent failure to exhaust administrative remedies.

On October 9, 2021, plaintiffs moved for a preliminary injunction. However, within a week of filing, they asked the court to hold their request in abeyance in light of the Eleventh Circuit's ruling in Georgia Advocacy Office v. Jackson, where the Court of Appeals interpreted the Prison Litigation Reform Act (PLRA) to require that preliminary injunctions be converted to permanent injunctions or expire after 90 days. 4 F.4th 1200. As plaintiffs did not believe they had time to litigate to a permanent injunction within 90 days, they asked the court not to rule on their request for preliminary relief.

The parties engaged in discovery over the following months. However, on February 2, 2022, the parties jointly moved to stay the case. They cited recent news reports that GSP was among four prisons that the Department planned to close. Considering this possible closure, the parties asked for a thirty day stay to confirm the closure or at least the cessation of the complained solitary confinement practices. The next day, the court granted the stay. On March 8, 2022, the plaintiffs stipulated to a dismissal without prejudice. The court ordered the case closed the following day.

GSP was closed for general operations in early 2022. It was subsequently used as a transfer hub for prisoners being transferred from other jurisdictions. However, around the time GSP was closed, Georgia officials were openly contemplating building a new and larger maximum-security facility in the same county.

Summary Authors

Jonah Hudson-Erdman (12/5/2021)

Eric Gripp (3/17/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60379926/parties/middleton-v-ward/


Attorney for Plaintiff

BEDARD, STEPHANIE (Georgia)

BOGAN, JAMES F (Georgia)

CALDAS, TAMARA SERWER (Georgia)

GANEM, ALISON (Georgia)

Attorney for Defendant

CROWDER, ELIZABETH MCRARY (Georgia)

show all people

Documents in the Clearinghouse

Document

5:21-cv-00334

Docket

Dec. 1, 2021

Dec. 1, 2021

Docket
1

5:21-cv-00334

Complaint

Sept. 10, 2021

Sept. 10, 2021

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60379926/middleton-v-ward/

Last updated April 6, 2024, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Plaintiffs Fee paid: Receipt # AGAMDC-3894379, $402 filed by All Plaintiffs (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Timothy Ward, # 3 Summons for Ahmed Holt, # 4 Summons for Robert Toole, # 5 Summons for Stan Shepard, # 6 Summons for Jack Sauls, # 7 Summons for Ioannis Ioannou, # 8 Summons for Trevonza Bobbitt, # 9 Summons for Charles Spinn, # 10 Summons for Josh Wicker, # 11 Summons for Deidra Edwards, # 12 Summons for Vikki Irwin, # 13 Summons for Juanita Sharpe)(PRIMERANO, RYAN) (Entered: 09/10/2021)

1 Civil Cover Sheet

View on PACER

2 Summons for Timothy Ward

View on PACER

3 Summons for Ahmed Holt

View on PACER

4 Summons for Robert Toole

View on PACER

5 Summons for Stan Shepard

View on PACER

6 Summons for Jack Sauls

View on PACER

7 Summons for Ioannis Ioannou

View on PACER

8 Summons for Trevonza Bobbitt

View on PACER

9 Summons for Charles Spinn

View on PACER

10 Summons for Josh Wicker

View on PACER

11 Summons for Deidra Edwards

View on PACER

12 Summons for Vikki Irwin

View on PACER

13 Summons for Juanita Sharpe

View on PACER

Sept. 10, 2021

Sept. 10, 2021

Clearinghouse

Case REASSIGNED to CHIEF DISTRICT JUDGE MARC T TREADWELL. (vs)

Sept. 13, 2021

Sept. 13, 2021

PACER

US MAGISTRATE JUDGE CHARLES H WEIGLE no longer assigned to case. (vs)

Sept. 13, 2021

Sept. 13, 2021

PACER
2

Summons Issued as to All Defendants. (Attachments: # 1 Summons 2 - Ahmed Holt, # 2 Summons 3 - Robert Toole, # 3 Summons 4 - Stan Shepard, # 4 Summons 5 - Jack Sauls, # 5 Summons 6 - Ioannis Ioannou, # 6 Summons 7 - Trevonza Bobbit, # 7 Summons 8 - Charles Spinn, # 8 Summons 9 - Josh Wicker, # 9 Summons 10 - Deidra Edwards, # 10 Summons 11 - Vikki Irwin, # 11 Summons 12 - Juanita Sharpe)(vs) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
3

NOTICE of Attorney Appearance by ALISON GANEM on behalf of All Plaintiffs Attorney ALISON GANEM added to party JACORI HODGES(pty:pla), Attorney ALISON GANEM added to party COREY HOLBROOKS(pty:pla), Attorney ALISON GANEM added to party JOHNELL MIDDLETON(pty:pla)(GANEM, ALISON) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
4

MOTION to Certify Class by JACORI HODGES, COREY HOLBROOKS, JOHNELL MIDDLETON filed by ALISON GANEM. (Attachments: # 1 Memorandum in Support Memorandum of Law in Support of Plaintiffs' Motion for Class Certification)(GANEM, ALISON) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

RECAP
5

CONSENT MOTION for Extension of Time to File Answer re 1 Complaint,, by TREVONZA BOBBITT, DEIDRA EDWARDS, AHMED HOLT, IOANNIS IOANNOU, VIKKI IRWIN, JACK SAULS, JUANITA SHARPE, STAN SHEPARD, CHARLES SPINN, ROBERT TOOLE, TIMOTHY WARD, JOSH WICKER filed by ELIZABETH MCRARY CROWDER. (Attachments: # 1 Proposed Order ORDER ON CONSENT MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS COMPLAINT)(CROWDER, ELIZABETH) (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

PACER
6

NOTICE Amended Certificate of Service by JACORI HODGES, COREY HOLBROOKS, JOHNELL MIDDLETON re 4 MOTION to Certify Class (PRIMERANO, RYAN) (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

PACER
7

FIRST MOTION for Extension of Time to File RESPONSE as to 4 MOTION to Certify Class by TREVONZA BOBBITT, DEIDRA EDWARDS, AHMED HOLT, IOANNIS IOANNOU, VIKKI IRWIN, JACK SAULS, JUANITA SHARPE, STAN SHEPARD, CHARLES SPINN, ROBERT TOOLE, TIMOTHY WARD, JOSH WICKER filed by ELIZABETH MCRARY CROWDER. (Attachments: # 1 Proposed Order)(CROWDER, ELIZABETH) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
8

This is a text only entry; no document issued. ORDER GRANTING 5 Motion for Extension of Time to Answer. The defendants shall answer or otherwise respond by October 11, 2021. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 09/29/21 (mbw) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

PACER
9

This is a text only entry; no document issued. ORDER GRANTING 7 Motion for Extension of Time to File Response. The defendants' response to the motion for class certification is due October 18, 2021. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 09/29/21 (mbw) (Entered: 09/29/2021)

Sept. 29, 2021

Sept. 29, 2021

PACER

Order on Motion for Extension of Time to Answer

Sept. 29, 2021

Sept. 29, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply

Sept. 29, 2021

Sept. 29, 2021

PACER
10

MOTION to Dismiss Complaint re 1 Complaint,, : by TREVONZA BOBBITT, DEIDRA EDWARDS, AHMED HOLT, IOANNIS IOANNOU, VIKKI IRWIN, JACK SAULS, JUANITA SHARPE, STAN SHEPARD, CHARLES SPINN, ROBERT TOOLE, TIMOTHY WARD, JOSH WICKER filed by ELIZABETH MCRARY CROWDER. (Attachments: # 1 Memorandum in Support, # 2 Affidavit Deidra Edwards, # 3 Attachment 1 to Edwards Aff, # 4 Attachment 2 to Edwards Aff)(CROWDER, ELIZABETH) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

RECAP
11

NOTICE of Attorney Appearance by C ALLEN GARRETT, JR on behalf of All Plaintiffs Attorney C ALLEN GARRETT, JR added to party JACORI HODGES(pty:pla), Attorney C ALLEN GARRETT, JR added to party COREY HOLBROOKS(pty:pla), Attorney C ALLEN GARRETT, JR added to party JOHNELL MIDDLETON(pty:pla)(GARRETT, C) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER
12

NOTICE of Attorney Appearance by JAMES F BOGAN, III on behalf of All Plaintiffs Attorney JAMES F BOGAN, III added to party JACORI HODGES(pty:pla), Attorney JAMES F BOGAN, III added to party COREY HOLBROOKS(pty:pla), Attorney JAMES F BOGAN, III added to party JOHNELL MIDDLETON(pty:pla)(BOGAN, JAMES) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER
13

MOTION for Preliminary Injunction by JACORI HODGES, COREY HOLBROOKS, JOHNELL MIDDLETON filed by RYAN PRIMERANO. (Attachments: # 1 Memorandum in Support of Motion for Preliminary Injunction, # 2 Exhibit A: Declarations, # 3 Exhibit B: Incident Reports Regarding Deaths at Georgia State Prison, # 4 Exhibit C: Logbook Excerpt, # 5 Exhibit D: Audit Reports Regarding Georgia State Prison, # 6 Exhibit E: Letter from Jeffrey L. Metzner, M.D., to Commissioner Timothy C. Ward, # 7 Exhibit F: Mortality Log, Homicides and Suicides, 2014 to Aug. 2019, # 8 Exhibit G: GDC Management Team Monthly Roll-Up, Aug. 2021, # 9 Exhibit H: Letters to Defendants Regarding Conditions at Georgia State Prison)(PRIMERANO, RYAN) (Entered: 10/09/2021)

Oct. 9, 2021

Oct. 9, 2021

PACER
14

MOTION for Leave to File Excess Pages by JACORI HODGES, COREY HOLBROOKS, JOHNELL MIDDLETON filed by RYAN PRIMERANO.(PRIMERANO, RYAN) (Entered: 10/09/2021)

Oct. 9, 2021

Oct. 9, 2021

PACER
15

MOTION for Discovery by JACORI HODGES, COREY HOLBROOKS, JOHNELL MIDDLETON filed by RYAN PRIMERANO. (Attachments: # 1 Exhibit A: Proposed Requests for Production, # 2 Exhibit B: Proposed Deposition Notices, # 3 Proposed Order Granting Expedited Discovery)(PRIMERANO, RYAN) (Entered: 10/09/2021)

Oct. 9, 2021

Oct. 9, 2021

PACER

Notice of Deficiency (related document(s): 11 Notice of Attorney Appearance, filed by COREY HOLBROOKS, JACORI HODGES, JOHNELL MIDDLETON ); Notice to Counsel - C. Allen Garrett, Jr. Your email address in CM/ECF is not current. Please update your email address via PACER.(vs)

Oct. 12, 2021

Oct. 12, 2021

PACER

Notice of Deficiency (related document(s): 12 Notice of Attorney Appearance, filed by COREY HOLBROOKS, JACORI HODGES, JOHNELL MIDDLETON ); Notice to Counsel - James F. Bogan, III - Your email address in CM/ECF is not current. Please update your email address via PACER.(vs)

Oct. 12, 2021

Oct. 12, 2021

PACER
16

MOTION to Hold Motion for Preliminary Injunction in Abeyance re 13 MOTION for Preliminary Injunction by JACORI HODGES, COREY HOLBROOKS, JOHNELL MIDDLETON filed by RYAN PRIMERANO.(PRIMERANO, RYAN) (Entered: 10/12/2021)

Oct. 12, 2021

Oct. 12, 2021

RECAP
17

This is a text only entry; no document issued. ORDER GRANTING 14 Motion for Leave to File Excess Pages. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 10/12/21 (mbw) (Entered: 10/12/2021)

Oct. 12, 2021

Oct. 12, 2021

PACER

Order on Motion for Leave to File Excess Pages

Oct. 12, 2021

Oct. 12, 2021

PACER
18

UNOPPOSED MOTION to Stay Stay Discovery by TREVONZA BOBBITT, DEIDRA EDWARDS, AHMED HOLT, IOANNIS IOANNOU, VIKKI IRWIN, JACK SAULS, JUANITA SHARPE, STAN SHEPARD, CHARLES SPINN, ROBERT TOOLE, TIMOTHY WARD, JOSH WICKER filed by ELIZABETH MCRARY CROWDER. (Attachments: # 1 Proposed Order Order Staying Discovery)(CROWDER, ELIZABETH) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER
19

UNOPPOSED MOTION for Extension of Time to File RESPONSE as to 4 MOTION to Certify Class by TREVONZA BOBBITT, DEIDRA EDWARDS, AHMED HOLT, IOANNIS IOANNOU, VIKKI IRWIN, JACK SAULS, JUANITA SHARPE, STAN SHEPARD, CHARLES SPINN, ROBERT TOOLE, TIMOTHY WARD, JOSH WICKER filed by ELIZABETH MCRARY CROWDER. (Attachments: # 1 Proposed Order Order Extending Time For Response to Motion for Class Certification)(CROWDER, ELIZABETH) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER
20

NOTICE of Attorney Appearance by TAMARA SERWER CALDAS on behalf of All Plaintiffs Attorney TAMARA SERWER CALDAS added to party JACORI HODGES(pty:pla), Attorney TAMARA SERWER CALDAS added to party COREY HOLBROOKS(pty:pla), Attorney TAMARA SERWER CALDAS added to party JOHNELL MIDDLETON(pty:pla)(CALDAS, TAMARA) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
21

This is a text only entry; no document issued. ORDER GRANTING 19 Motion for Extension of Time to File Response. The defendants' response to the plaintiffs' motion for class certification is due twenty-one days form the date of the Court's ruling on the defendants' motion to dismiss. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 10/19/21 (mbw) (Entered: 10/19/2021)

Oct. 19, 2021

Oct. 19, 2021

PACER
22

This is a text only entry; no document issued. ORDER GRANTING 18 Motion to Stay Discovery. Any discovery sought by the parties is to be limited to the issue of exhaustion of administrative remedies until the defendants' motion to dismiss is ruled upon. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 10/19/21 (mbw) (Entered: 10/19/2021)

Oct. 19, 2021

Oct. 19, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply

Oct. 19, 2021

Oct. 19, 2021

PACER

Order on Motion to Stay

Oct. 19, 2021

Oct. 19, 2021

PACER
23

CONSENT MOTION for Extension of Time to File RESPONSE as to 10 MOTION to Dismiss Complaint re 1 Complaint,, : by JACORI HODGES, COREY HOLBROOKS, JOHNELL MIDDLETON filed by RYAN PRIMERANO.(PRIMERANO, RYAN) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER
24

This is a text only entry; no document issued. ORDER GRANTING 23 Motion for Extension of Time to File Response. The plaintiffs' response is due November 12, 2021. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 10/27/21 (mbw) (Entered: 10/27/2021)

Oct. 27, 2021

Oct. 27, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply

Oct. 27, 2021

Oct. 27, 2021

PACER
25

NOTICE of Attorney Appearance by EMILIA STROMBERG on behalf of All Plaintiffs Attorney EMILIA STROMBERG added to party JACORI HODGES(pty:pla), Attorney EMILIA STROMBERG added to party COREY HOLBROOKS(pty:pla), Attorney EMILIA STROMBERG added to party JOHNELL MIDDLETON(pty:pla)(STROMBERG, EMILIA) (Entered: 11/01/2021)

Nov. 1, 2021

Nov. 1, 2021

PACER
26

MOTION to Compel by JACORI HODGES, COREY HOLBROOKS, JOHNELL MIDDLETON filed by RYAN PRIMERANO. (Attachments: # 1 Exhibit A: Plaintiffs' Subpoena to Ga. Dep't of Corr., # 2 Exhibit B: Ga. Dep't of Corr. Objections to Subpoena, # 3 Exhibit C: Email from Ga. Dep't of Corr.)(PRIMERANO, RYAN) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
27

***Refiled at 28 *** RESPONSE filed by JACORI HODGES, COREY HOLBROOKS, JOHNELL MIDDLETON re 10 MOTION to Dismiss Complaint re 1 Complaint,, : (Attachments: # 1 Exhibit Ex. A - Declaration of J. Hodges, # 2 Exhibit Ex. B - Declaration of J. Middleton, # 3 Exhibit Ex. C - Declaration of C. Holbrooks, # 4 Exhibit Ex. D - GDC Monthly Roll-Ups, # 5 Exhibit Ex. E - Letters to Defendants, # 6 Exhibit Ex. F - Declaration of T.K., # 7 Exhibit Ex. G - Declaration of K.J.)(GANEM, ALISON) Modified on 11/12/2021 to add docket text(vs). (Entered: 11/11/2021)

Nov. 11, 2021

Nov. 11, 2021

PACER

Notice of Deficiency (related document(s): 27 Response to Motion, filed by COREY HOLBROOKS, JACORI HODGES, JOHNELL MIDDLETON ); The PACER login ID and password used to electronically file a document constitutes the Participants electronic signature for all purposes under the Federal Rules. Document must be re-filed using the user credentials of the name of the attorney in the signature block. See CM/ECF Administrative Procedures, page 7..(vs)

Nov. 12, 2021

Nov. 12, 2021

PACER
28

RESPONSE filed by JACORI HODGES, COREY HOLBROOKS, JOHNELL MIDDLETON re 10 MOTION to Dismiss Complaint re 1 Complaint,, : (Attachments: # 1 Exhibit Ex. A - Declaration of J. Hodges, # 2 Exhibit Ex. B - Declaration of J. Middleton, # 3 Exhibit Ex. C - Declaration of C. Holbrooks, # 4 Exhibit Ex. D - GDC Monthly Roll-Ups, # 5 Exhibit Ex. E - Letters to Defendants, # 6 Exhibit Ex. F - Declaration of T.K., # 7 Exhibit Ex. G - Declaration of K.J.)(GANEM, ALISON) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
29

NOTICE of Attorney Appearance by STEPHANIE BEDARD on behalf of All Plaintiffs Attorney STEPHANIE BEDARD added to party JACORI HODGES(pty:pla), Attorney STEPHANIE BEDARD added to party COREY HOLBROOKS(pty:pla), Attorney STEPHANIE BEDARD added to party JOHNELL MIDDLETON(pty:pla)(BEDARD, STEPHANIE) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
30

REPLY to Response filed by TREVONZA BOBBITT, DEIDRA EDWARDS, AHMED HOLT, IOANNIS IOANNOU, VIKKI IRWIN, JACK SAULS, JUANITA SHARPE, STAN SHEPARD, CHARLES SPINN, ROBERT TOOLE, TIMOTHY WARD, JOSH WICKER re 10 MOTION to Dismiss Complaint re 1 Complaint,, : (Attachments: # 1 Exhibit "A" Certified copies of movement histories, # 2 Exhibit "B" Affidavit of Heather M. Howard)(CROWDER, ELIZABETH) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER
31

RESPONSE filed by GEORGIA DEPARTMENT OF CORRECTIONS re 26 MOTION to Compel (PIPER, TINA) (Entered: 12/01/2021)

Dec. 1, 2021

Dec. 1, 2021

PACER
32

MOTION for Leave to File Surreply to Motion to Dismiss by JACORI HODGES, COREY HOLBROOKS, JOHNELL MIDDLETON filed by ALISON GANEM.(GANEM, ALISON) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER
33

This is a text only entry; no document issued. ORDER GRANTING 32 Motion for Leave to File Surreply. The plaintiffs may file a 12-page surreply brief by December 28, 2021. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 12/07/21 (mbw) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

PACER
34

REPLY to Response filed by JACORI HODGES, COREY HOLBROOKS, JOHNELL MIDDLETON re 26 MOTION to Compel (GANEM, ALISON) (Entered: 12/07/2021)

Dec. 7, 2021

Dec. 7, 2021

PACER

Order on Motion for Leave to File

Dec. 7, 2021

Dec. 7, 2021

PACER
35

SURREPLY filed by JACORI HODGES, COREY HOLBROOKS, JOHNELL MIDDLETON re 10 MOTION to Dismiss Complaint re 1 Complaint,, : (GANEM, ALISON) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

PACER
36

ORDER for Response. The Court will hold an evidentiary hearing to determine whether administrative remedies were available to the plaintiffs while housed in the Tier II program at Georgia State Prison. The parties shall submit a list of witnesses and other evidence they intend to present by February 3, 2022, and the Court will schedule the hearing at a date to be determined. Further, the parties shall confer and formulate a plan for the gathering and presentation of necessary evidence. The parties shall submit a joint pre-hearing report addressing these matters no later than February 10, 2022. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 1/26/2022. (kat) (Entered: 01/26/2022)

Jan. 26, 2022

Jan. 26, 2022

PACER
37

JOINT MOTION to Stay by JACORI HODGES, COREY HOLBROOKS, JOHNELL MIDDLETON filed by RYAN PRIMERANO.(PRIMERANO, RYAN) (Entered: 02/02/2022)

Feb. 2, 2022

Feb. 2, 2022

RECAP
38

This is a text only entry; no document issued. ORDER GRANTING 37 Motion to Stay. This action is stayed for thirty days. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 02/03/22 (mbw) (Entered: 02/03/2022)

Feb. 3, 2022

Feb. 3, 2022

PACER

Order on Motion to Stay

Feb. 3, 2022

Feb. 3, 2022

PACER
39

UNOPPOSED MOTION for Extension of Time to File. by JACORI HODGES, COREY HOLBROOKS, JOHNELL MIDDLETON filed by RYAN PRIMERANO.(PRIMERANO, RYAN) (Entered: 03/03/2022)

March 3, 2022

March 3, 2022

PACER
40

This is a text only entry; no document issued. ORDER GRANTING 39 Motion to Extend Stay. The stay is extended until March 19, 2022. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 03/04/22 (mbw) (Entered: 03/04/2022)

March 4, 2022

March 4, 2022

PACER

Order on Motion for Extension of Time (Misc)

March 4, 2022

March 4, 2022

PACER
41

STIPULATION of Dismissal by JACORI HODGES, JOHNELL MIDDLETON, COREY HOLBROOKS as to JACORI HODGES, JOHNELL MIDDLETON, COREY HOLBROOKS, TREVONZA BOBBITT, DEIDRA EDWARDS, AHMED HOLT, IOANNIS IOANNOU, VIKKI IRWIN, JACK SAULS, JUANITA SHARPE, STAN SHEPARD, CHARLES SPINN, ROBERT TOOLE, TIMOTHY WARD, JOSH WICKER (PRIMERANO, RYAN) (Entered: 03/08/2022)

March 8, 2022

March 8, 2022

RECAP

REMARK: Due to 41 Stipulation of Dismissal, this case has been closed. (vs)

March 9, 2022

March 9, 2022

PACER

REMARK

March 9, 2022

March 9, 2022

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Sept. 10, 2021

Closing Date: March 9, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three men housed in Georgia State Prison's Tier II program or other segregation units. They sought to certify a class of "[a]ll persons who are now or will in the future be held in GSP’s Tier II Program segregation units or other segregation units that indefinitely confine persons to their cells for 22 or more hours per day." There was also a subclass with the same definition except it was limited to those with mental or psychiatric conditions.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Center for Human Rights (SCHR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Georgia Department of Corrections (Reidsville, Tattnall), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General/Misc.:

Disciplinary procedures

Recreation / Exercise

Staff (number, training, qualifications, wages)

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Assault/abuse by staff (facilities)

Disciplinary segregation

Solitary confinement/Supermax (conditions or process)

Medical/Mental Health Care:

Mental health care, general