Case: Harris v. Georgia Department of Corrections

5:18-cv-00365 | U.S. District Court for the Middle District of Georgia

Filed Date: Oct. 3, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the alleged denial of effective communication for deaf and hard of hearing individuals incarcerated in Georgia. On October 3, 2018, incarcerated individuals who were deaf and hard of hearing filed a collective class action lawsuit against the Georgia Department of Corrections in the U.S. District Court for the Middle District of Georgia. Plaintiffs, represented by the ACLU, National Association of the Deaf, and a private law firm, claimed that defendants denied them effecti…

This is a case about the alleged denial of effective communication for deaf and hard of hearing individuals incarcerated in Georgia. On October 3, 2018, incarcerated individuals who were deaf and hard of hearing filed a collective class action lawsuit against the Georgia Department of Corrections in the U.S. District Court for the Middle District of Georgia. Plaintiffs, represented by the ACLU, National Association of the Deaf, and a private law firm, claimed that defendants denied them effective communication access, hindering their mental and physical health while potentially punishing them for failing to follow instructions that are only conveyed orally, lengthening their sentences. Plaintiffs alleged that defendants violated the Americans with Disabilities Act, the Rehabilitation Act, and the Eighth Amendment of the U.S. Constitution. This case was presided over by Judge Tilman E. Self III. Plaintiffs sought injunctive relief, declaratory relief, attorneys' fees, and costs. 

On October 4, 2019, plaintiffs filed a motion to certify class consisting of "all present and future deaf and hard of hearing individuals in GDC custody and/or subject to GBOP authority, who require hearing-related accommodations and services—including but not limited to interpreters, hearing devices, other auxiliary aids or services, or reasonable modifications—to communicate effectively and/or to access or participate in programs, services, or activities available to individuals in GDC custody and subject to GBOP authority". Defendants opposed class certification, arguing that plaintiffs did not have standing, and even if they did have standing, class certification should be denied as it was "overly broad and not reasonably ascertainable". On December 29, 2021, the court granted the plaintiffs' motion for class certification, reasoning that plaintiffs' met the criteria for class certification. 

On July 28, 2022 plaintiffs filed an amended complaint, removing certain members of the certified class who either no longer wished to be a part of the litigation or who had passed away. Plaintiffs also filed an unopposed motion to substitute a class representative due to those aforementioned reasons. 

On September 25, 2023, plaintiffs filed a motion for partial summary judgment with respects to portions of counts I, II, and III of the amended complaint, seeking permanent injunctive relief. Plaintiffs argued that defendants were in violation of the ADA, Section 504, and the Eighth Amendment as they failed to identify and support deaf or hard of hearing inmates, and they did not provide effective communication in group settings, medical/mental health care, and with telecommunications. Additionally, plaintiffs argued that defendants had an unreasonable handcuffing policy for sign language users, they were deliberately indifferent to inmates' hearing aid needs, and they failed to provide accessible information to new inmates.

On November 11, 2023, the defendant filed a memorandum of law in opposition to plaintiffs' motion for partial summary judgment, arguing that the motion should be denied. They claimed that they were not required to provide disabled individuals with equal access to a public entity's programs, services, and activities but rather meaningful access, which they claimed to have done. Additionally, they argued that they did not violate the ADA as they reasonably accommodated and did not discriminate against disabled individuals. Furthermore, defendants argue that plaintiffs' motion failed as to the eighth amendment claim as there were issues of material fact as to whether class members experienced a "serious medical need" for Eighth Amendment purposes. Lastly, the defendant argued that the ADA imposed no affirmative obligation to "identify and assess" disable offenders and class members had been routinely accommodated. 

As of April 5, 2025, the plaintiffs' motion for partial summary judgment is pending. The case is ongoing. 

 

Summary Authors

Renuka Wagh (4/4/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15043584/parties/harris-v-georgia-department-of-corrections/


Judge(s)
Attorney for Plaintiff

ANSLEY, WILLIAM SUTTON (Georgia)

BRENNAN-KROHN, ZOE (Georgia)

CENTER, CLAUDIA (Georgia)

CURTIS, AARON J (Georgia)

Attorney for Defendant

CORREIA, CRISTINA M (Georgia)

show all people

Documents in the Clearinghouse

Document
1

5:18-cv-00365

Complaint for Injunctive and Declaratory Relief

Oct. 3, 2018

Oct. 3, 2018

Complaint
136

5:18-cv-00365

Plaintiffs' Unopposed Motion to Substitute a Class Representative

July 28, 2022

July 28, 2022

Pleading / Motion / Brief
182

5:18-cv-00365

Plaintiffs' Motion for Partial Summary Judgment

Sept. 25, 2023

Sept. 25, 2023

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15043584/harris-v-georgia-department-of-corrections/

Last updated May 10, 2025, 10:15 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants Fee paid: Receipt # 113G-2990755, $400 filed by All Plaintiffs (Attachments: # 1 Civil Cover Sheet)(YOUNG, SEAN) (Entered: 10/03/2018)

1 Civil Cover Sheet

View on PACER

Oct. 3, 2018

Oct. 3, 2018

Clearinghouse
2

Consent Form (28 USC 636(c)(1)) sent to BRANDON COBB, TOMMY GREEN, RICARDO HARRIS, LEROY HENDERSON, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH (ggs) (Entered: 10/04/2018)

Oct. 4, 2018

Oct. 4, 2018

PACER

Notice to Attorney Re: Admissions Requirement

Oct. 4, 2018

Oct. 4, 2018

PACER

NOTICE TO COUNSEL NIGAR SHAIKH, ANNA BITENCOURT, TALILA A LEWIS - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled. (ggs)

Oct. 4, 2018

Oct. 4, 2018

PACER

NOTICE TO COUNSEL RALPH I MILLER, AUDREY E STANO, ALEXANDRIA E G SWETTE, SUSAN MIZNER, CLAUDIA CENTER, ZOE BRENNAN-KROHN - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled. (ggs)

Oct. 5, 2018

Oct. 5, 2018

PACER

Notice to Attorney Re: Admissions Requirement

Oct. 5, 2018

Oct. 5, 2018

PACER
3

Mail Returned - Notice to Attorney Re: Admissions Requirement, sent to NIGAR SHAIKH returned as undeliverable. (ggs) (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER

SECOND NOTICE TO COUNSEL RALPH I MILLER, NIGAR SHAIKH, ALEXANDRIA E G SWETTE, SUSAN MIZNER, CLAUDIA CENTER, ZOE BRENNAN-KROHN, ANNA BITENCOURT, TALILA A LEWIS - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled. Electronic notifications have been discontinued until the admissions requirements have been met. (ggs)

Oct. 19, 2018

Oct. 19, 2018

PACER

Notice to Attorney Re: Admissions Requirement

Oct. 19, 2018

Oct. 19, 2018

PACER
4

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by ZOE BRENNAN-KROHN (nop) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

RECAP
5

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by CLAUDIA CENTER (nop) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

RECAP
6

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by ANNA BITENCOURT EMILIO (nop) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
7

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by AUDREY E STANO (nop) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
8

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by ALEXANDRIA E G SWETTE (nop) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
9

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by RALPH I MILLER (nop) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
10

WAIVER OF SERVICE Returned Executed by All Plaintiffs. as to TOMMY BOWEN (CENTER, CLAUDIA) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
11

WAIVER OF SERVICE Returned Executed by All Plaintiffs. as to GEORGIA STATE BOARD OF PARDONS AND PAROLES (CENTER, CLAUDIA) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
12

WAIVER OF SERVICE Returned Executed by All Plaintiffs. as to CLAY NIX (CENTER, CLAUDIA) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
13

WAIVER OF SERVICE Returned Executed by All Plaintiffs. as to TERRY BARNARD (CENTER, CLAUDIA) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
14

WAIVER OF SERVICE Returned Executed by All Plaintiffs. as to GREGORY C DOZIER (CENTER, CLAUDIA) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
15

WAIVER OF SERVICE Returned Executed by All Plaintiffs. as to JAY SANDERS (CENTER, CLAUDIA) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
16

WAIVER OF SERVICE Returned Executed by All Plaintiffs. as to TED PHILBIN (CENTER, CLAUDIA) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
17

WAIVER OF SERVICE Returned Executed by All Plaintiffs. as to JACK RANDY SAULS (CENTER, CLAUDIA) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
18

WAIVER OF SERVICE Returned Executed by All Plaintiffs. as to TIMOTHY C. WARD (CENTER, CLAUDIA) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
19

WAIVER OF SERVICE Returned Executed by All Plaintiffs. as to RICKY MYRICK (CENTER, CLAUDIA) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
20

WAIVER OF SERVICE Returned Executed by All Plaintiffs. as to GEORGIA DEPARTMENT OF CORRECTIONS (CENTER, CLAUDIA) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
21

WAIVER OF SERVICE Returned Executed by All Plaintiffs. as to ANTOINE CALDWELL (CENTER, CLAUDIA) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

PACER
22

ANSWER to Complaint by TERRY BARNARD, TOMMY BOWEN, ANTOINE CALDWELL, GREGORY C DOZIER, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, RICKY MYRICK, CLAY NIX, TED PHILBIN, JAY SANDERS, JACK RANDY SAULS, TIMOTHY C. WARD.(PIPER, TINA)Attorney TINA M PIPER added to party TERRY BARNARD(pty:dft), Attorney TINA M PIPER added to party TOMMY BOWEN(pty:dft), Attorney TINA M PIPER added to party ANTOINE CALDWELL(pty:dft), Attorney TINA M PIPER added to party GREGORY C DOZIER(pty:dft), Attorney TINA M PIPER added to party GEORGIA DEPARTMENT OF CORRECTIONS(pty:dft), Attorney TINA M PIPER added to party GEORGIA STATE BOARD OF PARDONS AND PAROLES(pty:dft), Attorney TINA M PIPER added to party RICKY MYRICK(pty:dft), Attorney TINA M PIPER added to party CLAY NIX(pty:dft), Attorney TINA M PIPER added to party TED PHILBIN(pty:dft), Attorney TINA M PIPER added to party JAY SANDERS(pty:dft), Attorney TINA M PIPER added to party JACK RANDY SAULS(pty:dft), Attorney TINA M PIPER added to party TIMOTHY C. WARD (pty:dft) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
23

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by TALILA A LEWIS (nop) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
24

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by NIGAR SHAIKH (nop) (Entered: 12/11/2018)

Dec. 11, 2018

Dec. 11, 2018

PACER
25

Mail Returned - Notice to Attorney (dated 10/4/2018) Re: Admissions Requirement, sent to TALILA A. LEWIS returned as undeliverable. (ggs) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
26

RULES 16/26 ORDER: Proposed Scheduling/Discovery order due by 2/4/2019. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 01/04/2019. (Attachments: # 1 Required Form)(chc) (Entered: 01/04/2019)

Jan. 4, 2019

Jan. 4, 2019

PACER
27

SCHEDULING/DISCOVERY ORDER: Discovery to be complete by 8/4/2019. Dispositive motions due by 9/3/2019. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 02/04/2019. (chc) (Entered: 02/04/2019)

Feb. 4, 2019

Feb. 4, 2019

PACER
28

AMENDED SCHEDULING/DISCOVERY ORDER: Discovery to be complete by 8/4/2019. Dispositive motions due by 9/3/2019. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 002/27/2019. (chc) (Entered: 02/27/2019)

Feb. 27, 2019

Feb. 27, 2019

PACER
29

NOTICE of Attorney Appearance by MEGHAN ROBSON DAVIDSON on behalf of TERRY BARNARD, TOMMY BOWEN, ANTOINE CALDWELL, GREGORY C DOZIER, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, RICKY MYRICK, CLAY NIX, TED PHILBIN, JAY SANDERS, JACK RANDY SAULS, TIMOTHY C. WARD Attorney MEGHAN ROBSON DAVIDSON added to party TERRY BARNARD(pty:dft), Attorney MEGHAN ROBSON DAVIDSON added to party TOMMY BOWEN(pty:dft), Attorney MEGHAN ROBSON DAVIDSON added to party ANTOINE CALDWELL(pty:dft), Attorney MEGHAN ROBSON DAVIDSON added to party GREGORY C DOZIER(pty:dft), Attorney MEGHAN ROBSON DAVIDSON added to party GEORGIA DEPARTMENT OF CORRECTIONS(pty:dft), Attorney MEGHAN ROBSON DAVIDSON added to party GEORGIA STATE BOARD OF PARDONS AND PAROLES(pty:dft), Attorney MEGHAN ROBSON DAVIDSON added to party RICKY MYRICK(pty:dft), Attorney MEGHAN ROBSON DAVIDSON added to party CLAY NIX(pty:dft), Attorney MEGHAN ROBSON DAVIDSON added to party TED PHILBIN(pty:dft), Attorney MEGHAN ROBSON DAVIDSON added to party JAY SANDERS(pty:dft), Attorney MEGHAN ROBSON DAVIDSON added to party JACK RANDY SAULS(pty:dft), Attorney MEGHAN ROBSON DAVIDSON added to party TIMOTHY C. WARD (pty:dft) (DAVIDSON, MEGHAN) (Entered: 03/01/2019)

March 1, 2019

March 1, 2019

PACER
30

JOINT MOTION for Protective Order by TERRY BARNARD, TOMMY BOWEN, ANTOINE CALDWELL, GREGORY C DOZIER, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, RICKY MYRICK, CLAY NIX, TED PHILBIN, JAY SANDERS, JACK RANDY SAULS, TIMOTHY C. WARD filed by MEGHAN ROBSON DAVIDSON. (Attachments: # 1 Exhibit A-Proposed Protective Order)(DAVIDSON, MEGHAN) (Entered: 05/02/2019)

May 2, 2019

May 2, 2019

PACER
31

ORDER granting 30 Motion for Protective Order. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 05/02/2019 (cma) (Entered: 05/02/2019)

May 2, 2019

May 2, 2019

PACER
32

UNOPPOSED MOTION for Extension of Time to File Expert Witness Disclosure. by BRANDON COBB, TOMMY GREEN, RICARDO HARRIS, LEROY HENDERSON, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH filed by CLAUDIA CENTER.(CENTER, CLAUDIA) (Entered: 05/03/2019)

May 3, 2019

May 3, 2019

PACER
33

AMENDED MOTION Amending 32 MOTION for Extension of Time to File Expert Witness Disclosure. by BRANDON COBB, TOMMY GREEN, RICARDO HARRIS, LEROY HENDERSON, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH filed by CLAUDIA CENTER.(CENTER, CLAUDIA) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

PACER
34

This is a text only entry; no document issued. ORDER granting 32 Motion for Extension of Time(); granting 33 Amended Motion. Plaintiffs shall have until November 12, 2019 to identify any expert witnesses and the current scheduling order shall be extended accordingly. The parties shall submit an amended scheduling order to reflect all extensions within 7 days. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 5/6/2019 (TES) (Entered: 05/06/2019)

May 6, 2019

May 6, 2019

PACER

Order on Amended Motion

May 7, 2019

May 7, 2019

PACER

Order on Motion for Extension of Time (Misc)

May 7, 2019

May 7, 2019

PACER
35

MOTION to Stay Discovery by TERRY BARNARD, TOMMY BOWEN, ANTOINE CALDWELL, GREGORY C DOZIER, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, RICKY MYRICK, CLAY NIX, TED PHILBIN, JAY SANDERS, JACK RANDY SAULS, TIMOTHY C. WARD filed by MEGHAN ROBSON DAVIDSON. (Attachments: # 1 Proposed Order)(DAVIDSON, MEGHAN) (Entered: 05/08/2019)

May 8, 2019

May 8, 2019

PACER

Order on Motion to Stay

May 8, 2019

May 8, 2019

PACER
36

This is a text only entry; no document issued. ORDER granting 35 Motion to Stay. Discovery is stayed for 60 days in order to facilitate settlement discussions. No other deadlines shall be affected. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 5/8/2019 (TES) (Entered: 05/08/2019)

May 8, 2019

May 8, 2019

PACER
37

UNOPPOSED MOTION to Stay Discovery by TERRY BARNARD, TOMMY BOWEN, ANTOINE CALDWELL, GREGORY C DOZIER, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, RICKY MYRICK, CLAY NIX, TED PHILBIN, JAY SANDERS, JACK RANDY SAULS, TIMOTHY C. WARD filed by MEGHAN ROBSON DAVIDSON. (Attachments: # 1 Proposed Order)(DAVIDSON, MEGHAN) (Entered: 07/05/2019)

July 5, 2019

July 5, 2019

PACER
38

This is a text only entry; no document issued. ORDER granting 37 Motion to Stay Discovery until and including July 31, 2019. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 7/8/2019 (TES) (Entered: 07/08/2019)

July 8, 2019

July 8, 2019

PACER

Order on Motion to Stay

July 8, 2019

July 8, 2019

PACER
39

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by All Plaintiffs Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3219164, $100 (Attachments: # 1 Certificate of Good Standing)(SHRADER, BRITTANY) (Entered: 07/24/2019)

1

View on RECAP

July 24, 2019

July 24, 2019

PACER
40

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by BRITTANY SHRADER (nop) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

PACER
41

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by All Plaintiffs Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3220188, $100 (Attachments: # 1 Certificate of Good Standing of Brian Liegel)(LIEGEL, BRIAN) (Entered: 07/25/2019)

1 Certificate of Good Standing of Brian Liegel

View on RECAP

July 25, 2019

July 25, 2019

RECAP
42

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by BRIAN GEORGE LIEGEL (nop) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

PACER
43

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by All Plaintiffs Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3220591, $100 (Attachments: # 1 Certificate of Good Standing Certificate of Good Standing for Ariane Moss - District Court for the Eastern District of Texas)(MOSS, ARIANE) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
44

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by ARIANE MOSS (nop) (Entered: 07/26/2019)

July 26, 2019

July 26, 2019

PACER
45

UNOPPOSED MOTION to Stay Discovery by TERRY BARNARD, TOMMY BOWEN, ANTOINE CALDWELL, GREGORY C DOZIER, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, RICKY MYRICK, CLAY NIX, TED PHILBIN, JAY SANDERS, JACK RANDY SAULS, TIMOTHY C. WARD filed by MEGHAN ROBSON DAVIDSON. (Attachments: # 1 Proposed Order)(DAVIDSON, MEGHAN) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER

Order on Motion to Stay

July 30, 2019

July 30, 2019

PACER
46

This is a text only entry; no document issued. ORDER granting 45 Motion to Stay discovery for an additional 45 days, until and including September 16, 2019. This will likely be the last stay of discovery. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 7/30/2019 (TES) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
47

SCHEDULING/DISCOVERY ORDER: Discovery to be complete by 5/25/2020. Dispositive motions due by 6/24/2020. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 8/16/2019. (chc) (Entered: 08/16/2019)

Aug. 16, 2019

Aug. 16, 2019

PACER
48

AMENDED SCHEDULING/DISCOVERY ORDER: Discovery to be complete by 5/25/2020. Dispositive motions due by 6/24/2020. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 8/19/2019. (chc) Modified on 8/19/2019 (chc). (Entered: 08/19/2019)

Aug. 19, 2019

Aug. 19, 2019

PACER
49

MOTION to Certify Class by TOMMY GREEN, RICARDO HARRIS, LEROY HENDERSON, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH filed by CLAUDIA CENTER. (Attachments: # 1 Memorandum in Support Memorandum of Points and Authorities in Support of Motion for Class Certification, # 2 Appendix Appendix A - Certified Classes of Incarcerated or Detained People with Disabilities, # 3 Appendix Appendix B - Certified Classes of People with Disabilities in Non-Institutional Settings, # 4 Exhibit Declaration of Andrew Smith, # 5 Exhibit Declaration of Kyle Richard Bishop III, # 6 Exhibit Declaration of Virgil Brown, # 7 Exhibit Declaration of Darrell Smith, # 8 Exhibit Supplemental Declaration of Darrell Smith, # 9 Exhibit Declaration of Glen Gadson, # 10 Exhibit Declaration of Leroy Henderson, # 11 Exhibit Supplemental Declaration of Leroy Henderson, # 12 Exhibit Declaration of Jorae Smith, # 13 Exhibit Declaration of Gregory Lamb, # 14 Exhibit Declaration of Tony Moore, # 15 Exhibit Supplemental Declaration of Tony Moore, # 16 Exhibit Declaration of Christopher Shields, # 17 Exhibit Supplemental Declaration of Christopher Shields, # 18 Exhibit Declaration of Brittany Shrader, # 19 Exhibit Declaration of Claudia Center, # 20 Exhibit Declaration of Ralph Miller, # 21 Exhibit Declaration of Sean Young, # 22 Exhibit Declaration of Susan Mizner)(CENTER, CLAUDIA) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

RECAP
50

Restricted Document Exhibit A - List of Deaf and Hard of Hearing People Incarcerated in GDC Facilities re 49 MOTION to Certify Class filed pursuant to a protective order. The attached document is restricted to court users and attorneys of record in the case. (CENTER, CLAUDIA) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
51

NOTICE of Attorney Appearance by CRISTINA M CORREIA on behalf of All Defendants Attorney CRISTINA M CORREIA added to party TERRY BARNARD(pty:dft), Attorney CRISTINA M CORREIA added to party TOMMY BOWEN(pty:dft), Attorney CRISTINA M CORREIA added to party ANTOINE CALDWELL(pty:dft), Attorney CRISTINA M CORREIA added to party GREGORY C DOZIER(pty:dft), Attorney CRISTINA M CORREIA added to party GEORGIA DEPARTMENT OF CORRECTIONS(pty:dft), Attorney CRISTINA M CORREIA added to party GEORGIA STATE BOARD OF PARDONS AND PAROLES(pty:dft), Attorney CRISTINA M CORREIA added to party RICKY MYRICK(pty:dft), Attorney CRISTINA M CORREIA added to party CLAY NIX(pty:dft), Attorney CRISTINA M CORREIA added to party TED PHILBIN(pty:dft), Attorney CRISTINA M CORREIA added to party JAY SANDERS(pty:dft), Attorney CRISTINA M CORREIA added to party JACK RANDY SAULS(pty:dft), Attorney CRISTINA M CORREIA added to party TIMOTHY C. WARD (pty:dft) (CORREIA, CRISTINA) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
52

MOTION to Withdraw as Attorney by BRANDON COBB, TOMMY GREEN, RICARDO HARRIS, LEROY HENDERSON, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH filed by RALPH I MILLER. (Attachments: # 1 Proposed Order permitting Nigar Shaikh to withdraw her appearance as counsel for Plaintiff)(MILLER, RALPH) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
53

MOTION to Withdraw as Attorney by BRANDON COBB, TOMMY GREEN, RICARDO HARRIS, LEROY HENDERSON, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH filed by RALPH I MILLER. (Attachments: # 1 Proposed Order permitting Alexandria Swette to withdraw her appearance as counsel for Plaintiff)(MILLER, RALPH) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
54

This is a text only entry; no document issued. ORDER granting 52 Motion to Withdraw as Attorney. Attorney NIGAR SHAIKH terminated Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 10/15/2019 (TES) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER
55

This is a text only entry; no document issued. ORDER granting 53 Motion to Withdraw as Attorney. Attorney ALEXANDRIA E G SWETTE terminated Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 10/15/2019 (TES) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

PACER

Order on Motion to Withdraw as Attorney

Oct. 16, 2019

Oct. 16, 2019

PACER
56

NOTICE of 14 day Extension by TERRY BARNARD, TOMMY BOWEN, ANTOINE CALDWELL, GREGORY C DOZIER, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, RICKY MYRICK, CLAY NIX, TED PHILBIN, JAY SANDERS, JACK RANDY SAULS, TIMOTHY C. WARD re 49 MOTION to Certify Class (CORREIA, CRISTINA) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER
57

EXHIBIT(S) Initial Declaration of Leroy Henderson by TOMMY GREEN, RICARDO HARRIS, LEROY HENDERSON, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH re 49 MOTION to Certify Class (CENTER, CLAUDIA) (Entered: 10/23/2019)

Oct. 23, 2019

Oct. 23, 2019

PACER

Notice of Deficiency

Oct. 23, 2019

Oct. 23, 2019

PACER

Notice of Deficiency (related document(s): 56 Notice (Other) filed by RICKY MYRICK, TERRY BARNARD, CLAY NIX, ANTOINE CALDWELL, JAY SANDERS, JACK RANDY SAULS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, GEORGIA DEPARTMENT OF CORRECTIONS, GREGORY C DOZIER, TIMOTHY C. WARD, TED PHILBIN, TOMMY BOWEN ); Wrong event used - No need to refile (LETTER event should have been used). (cma)

Oct. 23, 2019

Oct. 23, 2019

PACER
58

MOTION for Leave to File Excess Pages for Brief in Opposition to Motion to Certify a Class by TERRY BARNARD, TOMMY BOWEN, ANTOINE CALDWELL, GREGORY C DOZIER, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, RICKY MYRICK, CLAY NIX, TED PHILBIN, JAY SANDERS, JACK RANDY SAULS, TIMOTHY C. WARD filed by CRISTINA M CORREIA. (Attachments: # 1 Proposed Order Proposed Order)(CORREIA, CRISTINA) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
59

This is a text only entry; no document issued. ORDER GRANTING 58 Motion for Leave to File Excess Pages. Plaintiffs' Brief shall not exceed 30 pages. Ordered by US DISTRICT JUDGE TILMAN E. SELF, III on 11/4/19. (rlh) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER

Order on Motion for Leave to File Excess Pages

Nov. 4, 2019

Nov. 4, 2019

PACER
60

RESPONSE filed by TERRY BARNARD, TOMMY BOWEN, ANTOINE CALDWELL, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, RICKY MYRICK, CLAY NIX, TED PHILBIN, JAY SANDERS, JACK RANDY SAULS, TIMOTHY C. WARD re 49 MOTION to Certify Class (Attachments: # 1 Exhibit 1-Declaration of Cheryl Ann Frazier, # 2 Exhibit 2-Declaration of Tomeka Simpson-Dumas, # 3 Exhibit 3-Declaration of Ahmed Holt, # 4 Exhibit 4-ADA SOP 103.63, # 5 Exhibit 5-GDC VRI Contract, # 6 Exhibit 6-VRI Statewide Roll-Out, # 7 Exhibit 7-7/16/19 Correspondence about VRI, # 8 Exhibit 8-2/4/19 Correspondence about VRI, # 9 Exhibit 9-Diagnostic, Reception, Orientation SOP 220.05, # 10 Exhibit 10-LATN invoices for interpreters/CART, # 11 Exhibit 11-GDC VRS Contract, # 12 Exhibit 12-VRS ADA Account List, # 13 Exhibit 13-Correspondence regarding hearing aid batteries, # 14 Exhibit 14-Fire Emergency Planning minutes, # 15 Exhibit 15-ADA Orientation Training 2019, # 16 Exhibit 16-ADA In-Service Training 2019, # 17 Exhibit 17-Facility ADA Coordinator Training, # 18 Exhibit 18-Access to Services SOP 107.02, # 19 Exhibit 19-Offender Access to Telephones SOP 227.01, # 20 Exhibit 20-List of TTY devices, # 21 Exhibit 21-GOAL tablet/J-Pay SOP 204.10, # 22 Exhibit 22-Language Line Invoices for VRI, # 23 Exhibit 23-Interpreter invoice/request tracking log, # 24 Exhibit 24-J. Smith Medical Profile History, # 25 Exhibit 25-T. Moore Medical Profile History, # 26 Exhibit 26-Health Screening-Transfer Offenders SOP 507.04.25, # 27 Exhibit 27-Inter-institutional Transfer SOP 222.01, # 28 Exhibit 28-Photos of placards, # 29 Exhibit 29-Medical Classification/Profiles SOP 507.04.23, # 30 Exhibit 30-Classification SOP 220.03, # 31 Exhibit 31-ADA Compliance Notice, # 32 Exhibit 32-ADA offender handbook inclusion, # 33 Exhibit 33-Grievance Procedure SOP 227.02, # 34 Exhibit 34-Use of Force/Restraint SOP 209.04, # 35 Exhibit 35-Administrative Segregation SOP 209.06, # 36 Exhibit 36-Disciplinary Isolation SOP 209.03, # 37 Exhibit 37-Grievance Histories, # 38 Exhibit 38-C. Shields Disciplinary History, # 39 Exhibit 39-C. Shields Movement History, # 40 Exhibit 40-A. Smith Disciplinary History, # 41 Exhibit 41-A. Smith Program Information, # 42 Exhibit 42-D. Smith DisciplinaryHistory, # 43 Exhibit 43-G. Gadson Movement History, # 44 Exhibit 44-V. Brown Movement History, # 45 Exhibit 45-G. Lamb Disciplinary History, # 46 Exhibit 46-T. Moore DisciplinaryHistory, # 47 Exhibit 47-VRS Access List memo, # 48 Exhibit 48-Correspondence about interpreter requests, # 49 Exhibit 49-L. Henderson Refusal to Accept Treatment, # 50 Exhibit 50-SCRIBE banner alert notes, # 51 Exhibit 51-T. Moore Sentencing Records, # 52 Exhibit 52-D. Smith Sentencing Records, # 53 Exhibit 53-J. Smith Sentencing Records, # 54 Exhibit 54-R. Harris Sentencing Records, # 55 Exhibit 55-B. Cobb Proof of Incarceration)(DAVIDSON, MEGHAN) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER
61

Letter regarding request for 12 day extension to file reply brief re 60 Response to Motion (CENTER, CLAUDIA) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

PACER

Notice of Clerk's Granting of Extension Pursuant to Local Rule 6.2 re: 49 MOTION to Certify Class filed by CHRISTOPHER SHIELDS, RICARDO HARRIS, TONY MOORE, JR., TOMMY GREEN, LEROY HENDERSON, ANDREW SMITH, DARRELL SMITH, JR., JORAE SMITH. (cma)

Nov. 19, 2019

Nov. 19, 2019

PACER

Notice (Other)

Nov. 19, 2019

Nov. 19, 2019

PACER
62

MOTION to Amend/Correct 22 Answer to Complaint by TERRY BARNARD, TOMMY BOWEN, ANTOINE CALDWELL, GREGORY C DOZIER, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, RICKY MYRICK, CLAY NIX, TED PHILBIN, JAY SANDERS, JACK RANDY SAULS, TIMOTHY C. WARD filed by CRISTINA M CORREIA. (Attachments: # 1 Memorandum in Support Brief, # 2 Exhibit Proposed Amended Answer, # 3 Proposed Order Proposed Order)(CORREIA, CRISTINA) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER
63

NOTICE of Voluntary Dismissal by ANDREW SMITH, JORAE SMITH, RICARDO HARRIS, DARRELL SMITH, JR, TOMMY GREEN, LEROY HENDERSON, TONY MOORE, JR, CHRISTOPHER SHIELDS as to TOMMY BOWEN, ANTOINE CALDWELL, BRANDON COBB, GREGORY C DOZIER, RICKY MYRICK, CLAY NIX, TED PHILBIN, JAY SANDERS, JACK RANDY SAULS (CENTER, CLAUDIA) (Entered: 12/03/2019)

Dec. 3, 2019

Dec. 3, 2019

PACER
64

This is a text only entry; no document issued. ORDER granting 62 Motion to Amend Answer. As Plaintiffs have consented to allow the amendment, the Defendants may file their Amended Answer. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 12/4/2019 (TES) (Entered: 12/04/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER

Order on Motion to Amend/Correct

Dec. 4, 2019

Dec. 4, 2019

PACER
65

REPLY to Response filed by TOMMY GREEN, RICARDO HARRIS, LEROY HENDERSON, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH re 49 MOTION to Certify Class (Attachments: # 1 Exhibit Declaration of Claudia Center, # 2 Exhibit A - Responses of Plaintiff Leroy Henderson to Interrogatories of Defendant GDC, # 3 Exhibit B - Responses of Plaintiff Tony Moore to Interrogatories of Defendant GDC, # 4 Exhibit C - Responses of Plaintiff Darrell Smith to Interrogatories of Defendant GDC, # 5 Exhibit D - Responses of Plaintiff Ricardo Harris to Interrogatories of Defendant GDC, # 6 Exhibit F - Responses of Plaintiff Darrell Smith to Interrogatories of Defendant GBOP, # 7 Exhibit G - Responses of Plaintiff Leroy Henderson to Interrogatories of Defendant GBOP, # 8 Exhibit H - Responses of Plaintiff Ricardo Harris to Interrogatories of Defendant GBOP, # 9 Exhibit I - Responses of Plaintiff Jorae Smith to Interrogatories of Defendant GBOP)(CENTER, CLAUDIA) (Entered: 12/04/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER
66

Restricted Document Exhibit E - Responses of Plaintiff Jorae Smith to Interrogatories of Defendant GDC re 65 Reply to Response to Motion filed pursuant to a protective order. The attached document is restricted to court users and attorneys of record in the case. (CENTER, CLAUDIA) (Entered: 12/04/2019)

Dec. 4, 2019

Dec. 4, 2019

PACER
67

AMENDED ANSWER to 22 Answer to Complaint by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD. (CORREIA, CRISTINA) (Entered: 12/05/2019)

Dec. 5, 2019

Dec. 5, 2019

PACER
68

CONSENT MOTION for Extension of Time to File Expert Witness Disclosures. by TOMMY GREEN, RICARDO HARRIS, LEROY HENDERSON, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH filed by CLAUDIA CENTER. (Attachments: # 1 Proposed Order)(CENTER, CLAUDIA) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER

Order on Motion for Extension of Time (Misc)

Dec. 30, 2019

Dec. 30, 2019

PACER
69

toile This is a text only entry; no document issued. ORDER granting 68 Motion for Extension of Time to file expert disclosures. Plaintiffs' disclosures are due by March 25, 2020 and Defendants' disclosures are due April 24, 2020. All other deadlines in current scheduling order remain unchanged. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 12/30/2019 (TES) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
70

CONSENT MOTION for Protective Order by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD filed by CRISTINA M CORREIA. (Attachments: # 1 Proposed Order Proposed Order)(CORREIA, CRISTINA) (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

PACER
71

ORDER granting 70 Motion for Protective Order. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 1/10/2020. (chc) (Entered: 01/10/2020)

Jan. 10, 2020

Jan. 10, 2020

PACER
72

NOTICE of Filing Supplemental Declaration by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD re 60 Response to Motion (Attachments: # 1 Affidavit Supplemental Declaration of Tomeka Simpson-Dumas)(DAVIDSON, MEGHAN) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
73

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by All Plaintiffs Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3370785, $100. LOCAL COUNSEL Name and Georgia Bar #: Kosha Shonyetta Tucker; 214335. (Attachments: # 1 Certificate of Good Standing EDNY Certificate of Good Standing)(SHEIKH-KHALIL, SALAM) (Entered: 01/23/2020)

Jan. 23, 2020

Jan. 23, 2020

PACER
74

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by SALAM SHEIKH-KHALIL (nop) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

PACER

NOTICE OF SETTING HEARING ON MOTION re 49 MOTION to Certify Class: Motion Hearing set for 3/3/2020 at 2:00 PM in Macon before US DISTRICT JUDGE TILMAN E SELF III. (chc)

Feb. 6, 2020

Feb. 6, 2020

PACER

Notice of Hearing on Motion

Feb. 6, 2020

Feb. 6, 2020

PACER
75

CONSENT MOTION for Extension of Time to Complete Discovery by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD filed by CRISTINA M CORREIA. (Attachments: # 1 Proposed Order Proposed Order)(CORREIA, CRISTINA) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

PACER

Order on Motion for Extension of Time to Complete Discovery

Feb. 10, 2020

Feb. 10, 2020

PACER
76

This is a text only entry; no document issued. ORDER granting 75 Motion for Extension of Time to Complete Discovery. Discovery to be complete by 8/25/2020. Dispositive motions due by 9/24/2020. All other deadlines extended by 90 days in accordance with parties' proposed order. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 2/10/2020 (TES) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

PACER

NOTICE OF CANCELING HEARING ON MOTION previously scheduled for 3/3/2020. The parties have notified the Court that they will meet on this date to pursue their options to settle and will report back to the Court within 45 days their progress. If negotiations are unsuccessful, the parties will request to reschedule this hearing. (chc)

Feb. 21, 2020

Feb. 21, 2020

PACER

Notice of Hearing on Motion

Feb. 21, 2020

Feb. 21, 2020

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Disability Rights

Prison Conditions

Key Dates

Filing Date: Oct. 3, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are a class of deaf and hard of hearing individuals who are incarcerated in the Georgia Department of Corrections' prisons who have been denied effective communication access.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Georgia Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Disability and Disability Rights:

Hearing impairment