Case: Cobb v. Georgia Department of Community Supervision

1:19-cv-03285 | U.S. District Court for the Northern District of Georgia

Filed Date: July 19, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 19, 2019, individuals who were deaf and on parole or probation in the State of Georgia filed this putative class action lawsuit against the Georgia Department of Community Supervision and its commissioner (collectively, “GDCS”) for refusing to provide them with adequate communication access, in violation of Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. The plaintiffs alleged that GDCS’s failure to provide them with adequate communicatio…

On July 19, 2019, individuals who were deaf and on parole or probation in the State of Georgia filed this putative class action lawsuit against the Georgia Department of Community Supervision and its commissioner (collectively, “GDCS”) for refusing to provide them with adequate communication access, in violation of Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. The plaintiffs alleged that GDCS’s failure to provide them with adequate communication access—such as providing ASL interpreters, deaf interpreters, or auxiliary aids and services like communication access real-time translation (“CART”)—rendered them unable to understand complex rules and requirements of their probation or parole. The plaintiffs also filed suit against the commissioner pursuant to 42 U.S.C. § 1983 for violating the Due Process Clause of the Fourteenth Amendment by denying them adequate notice of the rules and requirements of their supervision and a meaningful opportunity to be heard prior to imposing punishment. The ACLU Disability Rights Program and the ACLU of Georgia, as well as the National Association of the Deaf Law and Advocacy Center and private counsel, represented the plaintiffs. The plaintiffs sought class certification, injunctive and declaratory relief, attorneys’ fees and costs, and reasonable service awards for the named plaintiffs. The plaintiffs filed this lawsuit in the U.S. District Court for the Northern District of Georgia, and U.S. District Judge William M. Ray, II presided over this case.

The same day they filed suit, the plaintiffs moved for a preliminary injunction ordering GDCS to provide American Sign Language interpreters, auxiliary aids and services, and reasonable modifications, but subsequently withdrew this motion on February 7, 2020.

On December 10, 2019, GDCS moved to dismiss the case, arguing that the plaintiffs lacked standing and that their claims were moot. The court denied GDCS’s motion to dismiss on March 11, 2020, finding that the allegations were sufficient to survive a motion to dismiss and would be more appropriately considered on a motion for summary judgment. The court ordered the parties to engage in discovery related to the potential class and to engage in mediation within the next sixty days.

The plaintiffs filed two amended complaints substituting certain named plaintiffs for others, and otherwise maintaining the substance of the original, on January 1, 2021 and June 30, 2021.

On February 11, 2022, GDCS moved for summary judgment. On October 13, 2022, the court denied GDCS’s motion for summary judgment. The court reasoned that there was sufficient evidence that the plaintiffs had standing and that the voluntary-cessation exception to the mootness doctrine—under which a defendant’s decision to voluntarily cease allegedly unlawful conduct does not moot a case, out of concern that the defendant will subsequently return to that conduct—applied to the present case. The court also declined to find that the plaintiffs were unable to obtain injunctive relief as a matter of law at this stage of the case. In the same order, the court granted the plaintiffs’ motion for class certification, identifying the class as “[a]ll present and future deaf or hard of hearing individuals supervised by DCS, whose hearing qualifies as a disability under the ADA and Rehabilitation Act and who require hearing-related accommodations and services to communicate effectively and/or to access or participate equally in programs, services, or activities available to individuals supervised by DCS.” On February 8, 2023, the U.S. Court of Appeals for the Eleventh Circuit denied GDCS’s petition for permission to appeal the class certification.

On February 1, 2023, the case was referred to Magistrate Judge Christopher C. Bly for mediation. Mediation and settlement conferences continued until the parties reached an agreement on attorney’s fees on July 24, 2023. The settlement agreement, dated and signed September 19, 2023, was filed with the court on May 6, 2024. The settlement required DCS to provide communication assessments and plans for all individuals with hearing disabilities, along with auxiliary aids and services including ASL interpreters, deaf interpreters, written documents, and video remote interpreting (VRI) as recommended by communication plans. It also required all DCS-approved third-party providers of programs and services related to supervision comply with the ADA and the Rehabilitation Act. The settlement outlined a compliance policy and opportunity to cure, requiring notice to DCS and attempts to resolve concerns prior to filing a motion to enforce settlement. This process was to be overseen by an ADA coordinator. The settlement agreement was to extend for 4 years. Defendants were also to pay $1.25 million in attorney fees and costs.

Summary Authors

Saba Khan (5/19/2023)

Kyle O'Hara (6/9/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18244709/parties/cobb-v-georgia-department-of-community-supervision/


Judge(s)
Attorney for Plaintiff

Brennan-Krohn, Zoe (Georgia)

Caruso, Rebecca Alyssa (Georgia)

Center, Claudia (Georgia)

Attorney for Defendant

Britt, Russell Alan (Georgia)

Cunningham, Pearson Kern (Georgia)

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Documents in the Clearinghouse

Document
1

1:19-cv-03285

Class Action Complaint

July 19, 2019

July 19, 2019

Complaint
262

1:19-cv-03285

Order

Oct. 13, 2022

Oct. 13, 2022

Order/Opinion
302

1:19-cv-03285

Settlement Agreement

May 6, 2024

May 6, 2024

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18244709/cobb-v-georgia-department-of-community-supervision/

Last updated June 5, 2024, 12:42 p.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT filed by plaintiffs. (Filing fee $400, receipt number AGANDC-8805888) (Attachments: # 1 Civil Cover Sheet)(bdb) 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. (Entered: 07/23/2019)

1 Civil Cover Sheet

View on PACER

July 19, 2019

July 19, 2019

Clearinghouse
2

MOTION for Preliminary Injunction and for Oral Argument with Brief In Support by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Attachments: # 1 Memorandum of Law, # 2 Declaration of Brandon Cobb, # 3 Declaration of Carlos Herrera, # 4 Declaration of Carlos Herrera, # 5 Declaration of Jeremy Woody, # 6 Declaration of Joseph Nettles)(bdb) (Entered: 07/23/2019)

July 19, 2019

July 19, 2019

PACER
3

Electronic Summons Issued as to Georgia Department of Community Supervision and Michael Nail. (Attachments: # 1 Michael Nail)(bdb) (Entered: 07/23/2019)

July 19, 2019

July 19, 2019

PACER

Submission of 2 MOTION for Preliminary Injunction and for Oral Argument, to District Judge William M Ray II. (bdb)

July 23, 2019

July 23, 2019

PACER
4

APPLICATION for Admission of Claudia Center Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8813562). Documents for this entry are not available for viewing outside the courthouse.by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Tucker, Kosha) (Entered: 07/23/2019)

July 23, 2019

July 23, 2019

PACER
5

APPLICATION for Admission of Zoe Brennan-Krohn Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8813628). Documents for this entry are not available for viewing outside the courthouse.by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Tucker, Kosha) (Entered: 07/23/2019)

July 23, 2019

July 23, 2019

PACER
6

APPLICATION for Admission of Margaret Ann Girard Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8815966). Documents for this entry are not available for viewing outside the courthouse.by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Young, Sean) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER
7

APPLICATION for Admission of Kathryn Geoffroy Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8816024). Documents for this entry are not available for viewing outside the courthouse.by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Young, Sean) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER
8

APPLICATION for Admission of Stephanna Szotkowski Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8816044). Documents for this entry are not available for viewing outside the courthouse.by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Young, Sean) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER
9

APPLICATION for Admission of Ian Hoffman Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8816053). Documents for this entry are not available for viewing outside the courthouse.by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Young, Sean) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER
10

Application for Refund of Fees paid online through Pay.gov for receipt number AGANDC-8813541. (Tucker, Kosha) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER
11

APPLICATION for Admission of Brittany Lay Shrader Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8816564). Documents for this entry are not available for viewing outside the courthouse.by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Tucker, Kosha) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER
12

APPLICATION for Admission of Susan Mizner Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8816677). Documents for this entry are not available for viewing outside the courthouse.by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Tucker, Kosha) (Entered: 07/24/2019)

July 24, 2019

July 24, 2019

PACER

Clerks Approval re 10 Application for Refund of Fees paid online. (mec)

July 25, 2019

July 25, 2019

PACER

RETURN of 4 APPLICATION for Admission of Claudia Center Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8813562). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: courts. (pmb)

July 29, 2019

July 29, 2019

PACER

APPROVAL by Clerks Office re: 5 APPLICATION for Admission of Zoe Brennan-Krohn Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8813628). Documents for this entry are not available for viewing outside the courthouse.. Attorney Zoe Brennan-Krohn added appearing on behalf of Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody (pmb)

July 29, 2019

July 29, 2019

PACER
13

ORDER granting 5 Application for Admission Pro Hac Vice for Zoe Brennan-Krohn. Signed by Judge William M Ray, II on 7/30/19. 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.(rlb) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER

Clerk's Certificate of Mailing to Zoe Brennan-Krohn re 13 Order on Application for Admission PHV. (rlb)

July 30, 2019

July 30, 2019

PACER

RETURN of 11 APPLICATION for Admission of Brittany Lay Shrader Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8816564). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: local counsel. (pmb)

July 30, 2019

July 30, 2019

PACER

RETURN of 9 APPLICATION for Admission of Ian Hoffman Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8816053). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: local counsel. (pmb)

July 30, 2019

July 30, 2019

PACER

RETURN of 6 APPLICATION for Admission of Margaret Ann Girard Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8815966). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: courts and local counsel. (pmb)

July 30, 2019

July 30, 2019

PACER

RETURN of 7 APPLICATION for Admission of Kathryn Geoffroy Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8816024). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: courts and local counsel. (pmb)

July 30, 2019

July 30, 2019

PACER

RETURN of 8 APPLICATION for Admission of Stephanna Szotkowski Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8816044). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: local counsel. (pmb)

July 30, 2019

July 30, 2019

PACER

RETURN of 12 APPLICATION for Admission of Susan Mizner Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8816677). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: courts. (pmb)

July 30, 2019

July 30, 2019

PACER
14

APPLICATION for Admission of Brittany Lay Shrader Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Tucker, Kosha) (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

PACER
15

Return of Service Executed by Carlos Herrera, Brandon Cobb, Joseph Nettles, Jeremy Woody, Ernest Wilson, Jerry Coen. Michael Nail served on 7/25/2019, answer due 8/15/2019. (Tucker, Kosha) (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

PACER
16

Return of Service Executed by Carlos Herrera, Brandon Cobb, Joseph Nettles, Jeremy Woody, Ernest Wilson, Jerry Coen. Georgia Department of Community Supervision served on 7/25/2019, answer due 8/15/2019. (Tucker, Kosha) (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

PACER

APPROVAL by Clerks Office re: 14 APPLICATION for Admission of Brittany Lay Shrader Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.. Attorney Kosha Shonyetta Tucker added appearing on behalf of Jerry Coen (jkm)

Aug. 2, 2019

Aug. 2, 2019

PACER
17

ORDER granting 14 Application for Admission Pro Hac Vice for Brittany Lay Shrader. Signed by Judge William M Ray, II on 8/2/19. 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.(rlb) (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

PACER

Clerk's Certificate of Mailing to Brittany Lay Shrader re 17 Order on Application for Admission PHV. (rlb)

Aug. 2, 2019

Aug. 2, 2019

PACER
18

APPLICATION for Admission of Claudia Center Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Tucker, Kosha) (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

PACER

APPROVAL by Clerks Office re: 18 APPLICATION for Admission of Claudia Center Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse. (Application fee $ 150, receipt number AGANDC-8813562). Attorney Kosha Shonyetta Tucker added appearing on behalf of Brandon Cobb, Jerry Cohen, Carlos Herrera, Joseph Nettles, Ernest Wilson and Jeremy Wood (jkm)

Aug. 5, 2019

Aug. 5, 2019

PACER
19

ORDER granting 18 Application for Admission Pro Hac Vice for Claudia Center. Signed by Judge William M Ray, II on 8/5/19. 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.(rlb) (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

PACER

Clerk's Certificate of Mailing to Claudia Center re 19 Order on Application for Admission PHV. (rlb)

Aug. 5, 2019

Aug. 5, 2019

PACER
20

ORDER Setting Hearing on 2 Motion for Preliminary Injunction for Wednesday, August 21, 2019 at 9:30 a.m. in ATLA Courtroom 1705 before Judge William M Ray II. PLEASE NOTE THIS HEARING IS BEING SCHEDULED AT THE END OF A JURY TRIAL, THERE IS A POSSIBILITY THE JURY TRIAL MIGHT NOT BE CONCLUDED BY THE HEARING DATE, AND IN THAT EVENT, THE COURT WILL RESCHEDULE THIS HEARING TO A LATER DATE** Signed by Judge William M Ray, II on 8/5/19. (rlb) (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

PACER
21

APPLICATION for Admission of Susan Mizner Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Tucker, Kosha) (Entered: 08/05/2019)

Aug. 5, 2019

Aug. 5, 2019

PACER
22

APPLICATION for Admission of Stephanna Szotkowski Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Young, Sean) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER
23

APPLICATION for Admission of Kathryn Geoffroy Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Young, Sean) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER
24

APPLICATION for Admission of Ian Hoffman Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Young, Sean) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER
25

APPLICATION for Admission of Margaret Ann Girard Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Young, Sean) (Entered: 08/06/2019)

Aug. 6, 2019

Aug. 6, 2019

PACER

APPROVAL by Clerks Office re: 21 APPLICATION for Admission of Susan Mizner Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.. Attorney Susan Mizner added appearing on behalf of Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody (pmb)

Aug. 8, 2019

Aug. 8, 2019

PACER
26

ORDER granting 21 Application for Admission Pro Hac Vice for Susan Mizner. Signed by Judge William M Ray, II on 8/8/19. 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.(rlb) (Entered: 08/08/2019)

Aug. 8, 2019

Aug. 8, 2019

PACER

Clerk's Certificate of Mailing to Susan Mizner re 26 Order on Application for Admission PHV. (rlb)

Aug. 8, 2019

Aug. 8, 2019

PACER
27

Consent MOTION for Extension of Time to Answer Complaint & Respond to 2 Motion for Prelim. Injunction and MOTION to Continue Hearing with Brief In Support by Georgia Department of Community Supervision, Michael Nail. (Weaver, George) Added MOTION to Continue on 8/12/2019 (rlb). (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER

APPROVAL by Clerks Office re: 22 APPLICATION for Admission of Stephanna Szotkowski Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.. Attorney Stephanna Szotkowski added appearing on behalf of Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody (pmb)

Aug. 9, 2019

Aug. 9, 2019

PACER

APPROVAL by Clerks Office re: 23 APPLICATION for Admission of Kathryn Geoffroy Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.. Attorney Kathryn Geoffroy added appearing on behalf of Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody (pmb)

Aug. 9, 2019

Aug. 9, 2019

PACER

APPROVAL by Clerks Office re: 25 APPLICATION for Admission of Margaret Ann Girard Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.. Attorney Margaret Ann Girard added appearing on behalf of Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody (pmb)

Aug. 9, 2019

Aug. 9, 2019

PACER

APPROVAL by Clerks Office re: 24 APPLICATION for Admission of Ian Hoffman Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.. Attorney Ian Hoffman added appearing on behalf of Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody (pmb)

Aug. 9, 2019

Aug. 9, 2019

PACER
28

ORDER granting 22 Application for Admission Pro Hac Vice for Stephanna Szotkowski. Signed by Judge William M Ray, II on 8/12/19. 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.(rlb) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER

Clerk's Certificate of Mailing to Stephanna Szotkowski re 28 Order on Application for Admission PHV. (rlb)

Aug. 12, 2019

Aug. 12, 2019

PACER
29

ORDER granting 23 Application for Admission Pro Hac Vice for Kathryn Geoffroy. Signed by Judge William M Ray, II on 8/12/19. 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.(rlb) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER

Clerk's Certificate of Mailing to Kathryn Geoffroy re 29 Order on Application for Admission PHV. (rlb)

Aug. 12, 2019

Aug. 12, 2019

PACER
30

ORDER granting 24 Application for Admission Pro Hac Vice for Ian Hoffman. Signed by Judge William M Ray, II on 8/12/19. 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.(rlb) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER

Clerk's Certificate of Mailing to Ian Hoffman re 30 Order on Application for Admission PHV. (rlb)

Aug. 12, 2019

Aug. 12, 2019

PACER
31

ORDER granting 25 Application for Admission Pro Hac Vice for Margaret Ann Girard. Signed by Judge William M Ray, II on 8/12/19. 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.(rlb) (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER

Clerk's Certificate of Mailing to Margaret Ann Girard re 31 Order on Application for Admission PHV. (rlb)

Aug. 12, 2019

Aug. 12, 2019

PACER
32

ORDER granting 27 Motion for Extension of Time to Respond to Complaint and Motion for Preliminary Injunction and Motion for Continuance. Defendants Georgia Department of Community Supervision and Michael Nail Answer due 8/29/2019. The August 21, 2019 hearing on the motion for preliminary injunction is continued until Thursday, September 12, 2019, at 9:30 a.m., before in Courtroom 1705 Signed by Judge William M Ray, II on 8/15/19. (rlb) (Entered: 08/15/2019)

Aug. 15, 2019

Aug. 15, 2019

PACER

Refund in the amount of $150.00 has been processed, effective 08/16/2019 in response to Clerks Action on Application for Refund of Fees paid online. (kns)

Aug. 16, 2019

Aug. 16, 2019

PACER
33

ANSWER to 1 COMPLAINT by Georgia Department of Community Supervision, Michael Nail. Discovery ends on 1/27/2020.(Weaver, George) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER
34

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction MOTION for Oral Argument filed by Georgia Department of Community Supervision, Michael Nail. (Attachments: # 1 Exhibit A, Mitchell Decl., # 2 Exhibit B, Mays Decl., # 3 Exhibit C, Franklin Decl., # 4 Exhibit D, Worley Decl., # 5 Exhibit E, Dowdell Decl., # 6 Exhibit F, Branch Decl., # 7 Exhibit G, Driver Decl., # 8 Exhibit H, Burroughs-Lee Decl.)(Weaver, George) (Entered: 08/29/2019)

1 Exhibit A, Mitchell Decl.

View on PACER

2 Exhibit B, Mays Decl.

View on PACER

3 Exhibit C, Franklin Decl.

View on PACER

4 Exhibit D, Worley Decl.

View on PACER

5 Exhibit E, Dowdell Decl.

View on PACER

6 Exhibit F, Branch Decl.

View on PACER

7 Exhibit G, Driver Decl.

View on PACER

8 Exhibit H, Burroughs-Lee Decl.

View on PACER

Aug. 29, 2019

Aug. 29, 2019

PACER
35

NOTICE of Appearance by Bruce Patilloch Dutcher on behalf of Georgia Department of Community Supervision, Michael Nail (Dutcher, Bruce) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER
36

First Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom 1705 by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Tucker, Kosha) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
37

ORDER granting 36 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom on September 12 - 13, 2019. Plaintiffs' counsel, Susan Mizner, Claudia Center, Zoe Brennan-Krohn,Talila A. Lewis, Brittany Shrader, Ian Hoffman, Margaret Girard, StephannaF.Szotkowski, and Kyle Lyons-Burke shall be permitted entry into thecourthouse and courtroom with their cellular telephones and laptop computers, plus mobile hotspot devices and power supplies, as needed. Plaintiffs' litigation support staff, Karl Reed, shall be permitted entry into the courthouse and courtroom with two laptop computers; one USB travel monitor; one HDMI switch box; and one cellular telephone, plus power supplies and extension cables for all devices. Plaintiffs' litigation support staff, Joe Chang and Laura Clark, shall be permitted entry into the courthouse and courtroom with their cellular telephones and laptop computers, plus power supplies, as needed. Plaintiffs' expert witnesses, Dr. Judy Shepard-Kegl and Anna Kurien, shall be permitted entry into the courthouse and courtroom with their cellular telephones and laptop computers, plus power supplies, as needed. Signed by Judge William M. Ray, II on 9/10/19. (rlb) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
38

APPLICATION for Admission of Kyle Lyons-Burke Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8922721). Documents for this entry are not available for viewing outside the courthouse.by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Young, Sean) (Entered: 09/10/2019)

Sept. 10, 2019

Sept. 10, 2019

PACER
39

Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom with Brief In Support by Georgia Department of Community Supervision, Michael Nail. (Weaver, George) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
40

ORDER granting 39 Motion to Bring Audio/Visual/Electronic Equipment in the Courtroom on 9/12-13/2019 at 9:30 AM. Signed by Judge William M. Ray, II on 9/11/19. (jkl) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
41

REPLY BRIEF re 2 MOTION for Preliminary Injunction MOTION for Oral Argument filed by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Attachments: # 1 Declaration of Karen Peltz Strauss, # 2 Declaration of Jeremy Jay Woody)(Tucker, Kosha) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER

NOTICE of TIME CHANGE ONLY. Motion Hearing re: 2 MOTION for Preliminary Injunction set for 9/13/2019 at 8:30 AM in ATLA Courtroom 1705 before Judge William M. Ray II. (jkl)

Sept. 12, 2019

Sept. 12, 2019

PACER
42

Minute Entry for proceedings held before Judge William M. Ray, II: Evidentiary Hearing held on 9/12/2019. Defendant objected to Ms. Peltz Strauss' declaration filed yesterday with Plaintiffs' reply brief. The Court will allow Karen Peltz Strauss to testify telephonically. Parties made opening arguments. Plaintiffs' first witness, Dr. Judy Shepard-Kegl, testified and tendered as an expert witness. Defendant's exhibits 2, 17 (redacted version), 18, and 23 admitted. Hearing not concluded. Court adjourned and will reconvene at 8:30 AM on 9/13/2019. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Wynette Blathers)(rlb) (Entered: 09/13/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER
43

Minute Entry for proceedings held before Judge William M. Ray, II: Evidentiary Hearing held on 9/13/2019. Interpreters sworn. Plaintiffs' witnesses Brandon Cobb and Carlos Herrera sworn in and testified using a team of interpreters. Dr. Shepard-Kegl provided expert testimony regarding Plaintiff's video exhibit 1. Defendants' Exhibits 5-9, 31 (CD) and 34 admitted. Plaintiffs' Exhibit 1 (USB) and Exhibit 2 admitted. This hearing is not concluded. The Court will resume with the cross examination of Mr. Herrera to a date to be determined, likely October 21-22, 2019. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Wynette Blathers)(rlb) (Entered: 09/16/2019)

Sept. 13, 2019

Sept. 13, 2019

PACER

RETURN of 38 APPLICATION for Admission of Kyle Lyons-Burke Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8922721). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: courts. (pmb)

Sept. 16, 2019

Sept. 16, 2019

PACER
44

Notice Setting Hearing on the continuation of 2 Motion for Preliminary Injunction for Wednesday, October 30, 2019 beginning at 8:30 a.m., and continuing through Thursday, October 31, 2019 beginning at 8:30 a.m. in ATLA Courtroom 1705 before Judge William M. Ray II. Counsel are directed to file any motions to bring audio/video equipment into the courtroom no later than Friday, October 25,2019. Signed by Judge William M. Ray, II on 9/23/19. (rlb) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
45

APPLICATION for Admission of Talila Lewis Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8970247). Documents for this entry are not available for viewing outside the courthouse.by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Tucker, Kosha) (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

PACER
46

Certificate of Interested Persons by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Center, Claudia) (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

PACER
47

Joint JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Center, Claudia) (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

PACER
48

Initial Disclosures by Georgia Department of Community Supervision, Michael Nail.(Weaver, George) (Entered: 09/30/2019)

Sept. 30, 2019

Sept. 30, 2019

PACER

Clerks Notation re 46 Certificate of Interested Persons - Ok per WMR (sll)

Oct. 1, 2019

Oct. 1, 2019

PACER
49

SCHEDULING ORDER: re: 47 Joint Preliminary Report and Discovery Plan Discovery ends on 5/27/2020. Motions due by 6/27/2020. Proposed Pretrial Order due by 6/27/2020. Signed by Judge William M. Ray, II on 10/1/19. (rlb) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
50

CERTIFICATE OF SERVICE Plaintiffs' First Set of Interrogatories by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody.(Tucker, Kosha) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
51

CERTIFICATE OF SERVICE by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody.(Tucker, Kosha) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER

RETURN of 45 APPLICATION for Admission of Talila Lewis Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8970247). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: courts. (pmb)

Oct. 4, 2019

Oct. 4, 2019

PACER
52

APPLICATION for Admission of Talila Lewis Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Tucker, Kosha) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
53

MOTION to Certify Class with Brief In Support by Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody. (Attachments: # 1 Brief, # 2 Appendix A, # 3 Declaration of Brandon Cobb, # 4 Declaration of Carlos Herrera, # 5 Declaration of Ernest Wilson, # 6 Declaration of Jeremy Woody, # 7 Declaration of Joseph Nettles, # 8 Declaration of Stephanna Szotkowski, # 9 Declaration of Susan Mizner, # 10 Declaration of Claudia Center, # 11 Declaration of Sean Young, # 12 Declaration of Ian Hoffman, # 13 Declaration of Brittany Shrader)(Tucker, Kosha) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER

APPROVAL by Clerks Office re: 52 APPLICATION for Admission of Talila Lewis Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.. Attorney Talila Lewis added appearing on behalf of Brandon Cobb, Jerry Coen, Carlos Herrera, Joseph Nettles, Ernest Wilson, Jeremy Woody (pmb)

Oct. 11, 2019

Oct. 11, 2019

PACER
54

ORDER granting 52 Application for Admission Pro Hac Vice filed by Talila Lewis. Signed by Judge William M. Ray, II on 10/11/19. 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.(ddm) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER

Clerk's Certificate of Mailing to Talila Lewis re 54 Order. (ddm)

Oct. 11, 2019

Oct. 11, 2019

PACER
55

MOTION to Amend 33 Answer to Complaint with Brief In Support by Georgia Department of Community Supervision, Michael Nail. (Attachments: # 1 Exhibit Proposed First Amended Answer, # 2 Text of Proposed Order)(Weaver, George) (Entered: 10/16/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER
56

ORDER Setting Hearing on 53 Motion to Certify Class . Motion Hearing set for Thursday, January 9, 2020 at 9:30 a.m. in ATLA Courtroom 1705 before Judge William M. Ray II. Signed by Judge William M. Ray, II on 10/22/19. (rlb) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER
57

Consent MOTION for Extension of Time re: 53 MOTION to Certify Class with Brief In Support by Georgia Department of Community Supervision, Michael Nail. (Attachments: # 1 Text of Proposed Order)(Weaver, George) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER
58

ORDER granting 57 Motion for Extension of Time. Defendants Georgia Department of Community Supervision and Michael Nail shall have through November 6, 2019, in which to respond to the motion for class certification. Signed by Judge William M. Ray, II on 10/22/19. (rlb) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER

NOTICE REMOVING HEARING FROM OCT. 30-31 AND CONTINUING TO A DATE TO BE DETERMINED (per parties' request) re 44 Order Setting Hearing on Motion. At the direction of Hon. William M. Ray, II ON 10/24/2019. (jkl)

Oct. 24, 2019

Oct. 24, 2019

PACER
59

TRANSCRIPT of Preliminary Injunction Hearing, Volume I, held on September 12, 2019, before Judge William M. Ray, II. Court Reporter Wynette C. Blathers. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/14/2019. Redacted Transcript Deadline set for 11/25/2019. Release of Transcript Restriction set for 1/22/2020. (Attachments: # 1 Notice of Filing Transcript) (wxb) (Entered: 10/24/2019)

Oct. 24, 2019

Oct. 24, 2019

PACER
60

TRANSCRIPT of Preliminary Injunction Hearing, Volume II, held on September 13, 2019, before Judge William M. Ray, II. Court Reporter Wynette C. Blathers. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/14/2019. Redacted Transcript Deadline set for 11/25/2019. Release of Transcript Restriction set for 1/22/2020. (Attachments: # 1 Notice of Filing Transcript) (wxb) (Entered: 10/24/2019)

Oct. 24, 2019

Oct. 24, 2019

PACER
61

Notice Setting Hearing. The Court sets a hearing on the continuation of the Motion for Preliminary Injunction 2 for Monday,March 9, 2020 beginning at 9:30 a.m., and continuing through Wednesday, March 11, 2020 beginning at 9:30 a.m. in ATLA Courtroom 1705 before Judge William M. Ray II. Given the need for interpreters in this case, the Court requests that parties advise no later than 4:00 p.m. on Wednesday, March 4,2020 if a hearing is no longer needed. Additionally, counsel are directed tofile any motions to bring audio/video equipment into the courtroom no laterthan Wednesday, March 4, 2020. Signed by Judge William M. Ray, II on 10/28/19. (rlb) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER
62

NOTICE Of Filing Transcripts of ASL Communications by Georgia Department of Community Supervision, Michael Nail (Attachments: # 1 Exhibit Transcript of ASL Communications, Brandon Cobb, # 2 Exhibit Transcript of ASL Communications, Clyde Reeves)(Weaver, George) (Entered: 10/29/2019)

Oct. 29, 2019

Oct. 29, 2019

PACER
63

CERTIFICATE OF SERVICE re 50 Certificate of Service, Defs.' Responses to Pls.' First Requests for Production, by Georgia Department of Community Supervision, Michael Nail.(Weaver, George) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER
64

CERTIFICATE OF SERVICE, Defs.' Responses to Pls.' First Interrogatories, by Georgia Department of Community Supervision, Michael Nail.(Weaver, George) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER

Submission of 55 MOTION to Amend 33 Answer to Complaint, to District Judge William M. Ray II. (rlb)

Nov. 4, 2019

Nov. 4, 2019

PACER
65

Consent MOTION for Extension of Time Respond to Motion for Class Certification re: 53 MOTION to Certify Class with Brief In Support by Georgia Department of Community Supervision, Michael Nail. (Attachments: # 1 Text of Proposed Order)(Weaver, George) (Entered: 11/05/2019)

Nov. 5, 2019

Nov. 5, 2019

PACER
66

ORDER granting 65 Motion for Extension of Time. Defendants Georgia Department of Community Supervision and Michael Nail shall have through November 13, 2019, in which to respond to the motion for class certification. Signed by Judge William M. Ray, II on 11/6/19. (rlb) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Criminal Justice (Other)

Disability Rights

Key Dates

Filing Date: July 19, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Class of all present and future deaf or hard of hearing individuals supervised by DCS, whose hearing qualifies as a disability under the ADA and Rehabilitation Act and who require hearing-related accommodations and services to communicate effectively and/or to access or participate equally in programs, services, or activities available to individuals supervised by DCS.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Georgia Department of Community Supervision, State

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

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

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Reasonable Accommodation

Discrimination Prohibition

Monitoring

Amount Defendant Pays: 1.25 million

Order Duration: 2024 - None

Issues

General/Misc.:

Parole grant/revocation

Disability and Disability Rights:

Hearing impairment

Reasonable Modifications

Discrimination Basis:

Disability (inc. reasonable accommodations)