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 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.

The settlement process began in April, 2025. As of March 18, 2026, the plaintiffs' motion for partial summary judgment is pending. The case is ongoing.

Summary Authors

Renuka Wagh (4/4/2025)

Jacob Chang (3/15/2026)

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 B. (Georgia)

Attorney for Defendant

Chism, Daniel James (Georgia)

Correia, Cristina Maria (Georgia)

Judge(s)

Self, Tilman Eugene (Georgia)

Attorney for Plaintiff

Ansley, William Sutton (Georgia)

Brennan-Krohn, Zoe (Georgia)

Center, Claudia B. (Georgia)

CURTIS, AARON J (Georgia)

DELGADO, ANDRES MARTIN (Georgia)

Emilio, Anna Bitencourt (Georgia)

FAIRMAN, LAUREN (Georgia)

Isaacson, Cory (Georgia)

LEWIS, TALILA A (Georgia)

LIEGEL, BRIAN GEORGE (Georgia)

Lopez-Delgado, Andres Martin (Georgia)

MANN, ARIANE SALONE (Georgia)

Miller, Ralph I. (Georgia)

Mizner, Susan (Georgia)

MOSSAVI, SAMIN (Georgia)

RESENDES, WESTLEY (Georgia)

SAIONTZ, LEAH (Georgia)

SHAIKH, NIGAR (Georgia)

SHEIKH-KHALIL, SALAM (Georgia)

Shrader, Brittany (Georgia)

STANO, AUDREY E (Georgia)

Swette, Alexandria E G (Georgia)

Tucker, Kosha S (Georgia)

Young, Sean Jengwei (Georgia)

Attorney for Defendant

Chism, Daniel James (Georgia)

Correia, Cristina Maria (Georgia)

Davidson, Meghan Robson (Georgia)

DEARING, ANDREW FRANK (Georgia)

Hill, Anne Adams (Georgia)

Lunsford, William R. (Georgia)

Piper, Tina M (Georgia)

Reeves, Matthew (Georgia)

ROBERT, RANDAL JAMES (Georgia)

ROGERS, STEPHEN CLARENCE (Georgia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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

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Docket

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

Last updated Aug. 27, 2026, 4:56 a.m.

Docket for: HARRIS v. GEORGIA DEPARTMENT OF CORRECTIONS

ECF Number	Date	Description	Link
108	Aug. 10, 2021	This is a text only entry; no document issued. ORDER granting 107 Motion to Withdraw as Attorney. Attorney ARIANE MOSS terminated. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 8/10/2021 (TES) (Entered: 08/10/2021)	RECAP
108	Aug. 10, 2021	This is a text only entry; no document issued. ORDER granting 107 Motion to Withdraw as Attorney. Attorney ARIANE MOSS terminated. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 8/10/2021 (TES) (Entered: 08/10/2021)	RECAP
	Aug. 10, 2021	Order on Motion to Withdraw as Attorney
	Aug. 10, 2021	Order on Motion to Withdraw as Attorney
109	Aug. 11, 2021	Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by AARON J CURTIS. (mdm) (Entered: 08/11/2021)	RECAP
109	Aug. 11, 2021	Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by AARON J CURTIS. (mdm) (Entered: 08/11/2021)	RECAP
110	Aug. 12, 2021	ORDER granting 103 Motion for Leave to Permit Witness to Appear Remotely. Ordered by US DISTRICT JUDGE TILMAN E. SELF, III on 8/12/2021. (ech) (Entered: 08/12/2021)	RECAP
110	Aug. 12, 2021	ORDER granting 103 Motion for Leave to Permit Witness to Appear Remotely. Ordered by US DISTRICT JUDGE TILMAN E. SELF, III on 8/12/2021. (ech) (Entered: 08/12/2021)	RECAP
111	Aug. 20, 2021	MOTION for Leave to File Supplemental Declaration in Support of Motion for Class Certification (Dkt. 49) by TOMMY GREEN, RICARDO HARRIS, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH filed by RALPH I MILLER. (Attachments: # 1 Declaration of Kim Cavitt, AuD, Doctor of Audiology)(MILLER, RALPH) (Entered: 08/20/2021)	RECAP
111	Aug. 20, 2021	MOTION for Leave to File Supplemental Declaration in Support of Motion for Class Certification (Dkt. 49) by TOMMY GREEN, RICARDO HARRIS, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH filed by RALPH I MILLER. (Attachments: # 1 Declaration of Kim Cavitt, AuD, Doctor of Audiology)(MILLER, RALPH) (Entered: 08/20/2021)	RECAP
113	Aug. 24, 2021	Plaintiff's Exhibit List by TOMMY GREEN, RICARDO HARRIS, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH (Attachments: # 1 Exhibit P-1 Audiological Evaluation Form, # 2 Exhibit P-2 Audiological Evaluation Form for Mr. Smith)(hdw) (Entered: 08/30/2021)	RECAP
113	Aug. 24, 2021	Plaintiff's Exhibit List by TOMMY GREEN, RICARDO HARRIS, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH (Attachments: # 1 Exhibit P-1 Audiological Evaluation Form, # 2 Exhibit P-2 Audiological Evaluation Form for Mr. Smith)(hdw) (Entered: 08/30/2021)	RECAP
114	Aug. 24, 2021	Defendant's Exhibit List by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD (Attachments: # 1 Exhibit D-1 Medical History Form, # 2 Exhibit D-2 Screening Health Form, # 3 Exhibit D-3 Diagnostic Physical Exam Form, # 4 Exhibit D-4 Health Activity Form, # 5 Exhibit D-5 Medical Classification and Profiling Policy, # 6 Exhibit D-6 Consultation Request Referral Form, # 7 Exhibit D-7 World Health Organization on Deafness and Hearing Loss, # 8 Exhibit D-9 Ohio Department of Rehabilitation & Correction, Inmates with Disabilities Form)(hdw) (Entered: 08/30/2021)	RECAP
114	Aug. 24, 2021	Defendant's Exhibit List by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD (Attachments: # 1 Exhibit D-1 Medical History Form, # 2 Exhibit D-2 Screening Health Form, # 3 Exhibit D-3 Diagnostic Physical Exam Form, # 4 Exhibit D-4 Health Activity Form, # 5 Exhibit D-5 Medical Classification and Profiling Policy, # 6 Exhibit D-6 Consultation Request Referral Form, # 7 Exhibit D-7 World Health Organization on Deafness and Hearing Loss, # 8 Exhibit D-9 Ohio Department of Rehabilitation & Correction, Inmates with Disabilities Form)(hdw) (Entered: 08/30/2021)	RECAP
112	Aug. 25, 2021	Minute Entry (content for administrative purposes only) for proceedings held before US DISTRICT JUDGE TILMAN E SELF, III: Evidentiary Hearing held on 8/24/2021. Court Reporter: Tammy DiRocco.Time in Court: 5 hours 39 minutes. (chc) Modified on 8/26/2021 to edit docket text(hdw). (Entered: 08/25/2021)	RECAP
112	Aug. 25, 2021	Minute Entry (content for administrative purposes only) for proceedings held before US DISTRICT JUDGE TILMAN E SELF, III: Evidentiary Hearing held on 8/24/2021. Court Reporter: Tammy DiRocco.Time in Court: 5 hours 39 minutes. (chc) Modified on 8/26/2021 to edit docket text(hdw). (Entered: 08/25/2021)	RECAP
115	Sept. 3, 2021	TRANSCRIPT of Proceedings held on 8-24-21, before Judge Self. Court Reporter Tammy W. DiRocco. Volume Number: 1 of 1 Bench trial. The transcript may be inspected at the court or purchased through the court reporter for a period of 90 days. After 90 days, the transcript may be obtained via PACER. REDACTION OF TRANSCRIPTS: Complete redaction policy available on the courts website. (Tammy W. DiRocco) (Entered: 09/03/2021)	RECAP
115	Sept. 3, 2021	TRANSCRIPT of Proceedings held on 8-24-21, before Judge Self. Court Reporter Tammy W. DiRocco. Volume Number: 1 of 1 Bench trial. The transcript may be inspected at the court or purchased through the court reporter for a period of 90 days. After 90 days, the transcript may be obtained via PACER. REDACTION OF TRANSCRIPTS: Complete redaction policy available on the courts website. (Tammy W. DiRocco) (Entered: 09/03/2021)	RECAP
116	Sept. 7, 2021	MOTION to Exclude the Testimony and Declaration of Dr. Kim Cavitt by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD filed by STEPHEN CLARENCE ROGERS.(ROGERS, STEPHEN) (Entered: 09/07/2021)	RECAP
116	Sept. 7, 2021	MOTION to Exclude the Testimony and Declaration of Dr. Kim Cavitt by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD filed by STEPHEN CLARENCE ROGERS.(ROGERS, STEPHEN) (Entered: 09/07/2021)	RECAP
117	Sept. 7, 2021	MEMORANDUM in Support filed by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD re: 116 MOTION to Exclude the Testimony and Declaration of Dr. Kim Cavitt (ROGERS, STEPHEN) (Entered: 09/07/2021)	RECAP
117	Sept. 7, 2021	MEMORANDUM in Support filed by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD re: 116 MOTION to Exclude the Testimony and Declaration of Dr. Kim Cavitt (ROGERS, STEPHEN) (Entered: 09/07/2021)	RECAP
118	Sept. 21, 2021	RESPONSE filed by TOMMY GREEN, RICARDO HARRIS, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH re 116 MOTION to Exclude the Testimony and Declaration of Dr. Kim Cavitt (Attachments: # 1 Exhibit A - Bohannon Deposition Transcript)(MILLER, RALPH) (Entered: 09/21/2021)	RECAP
118	Sept. 21, 2021	RESPONSE filed by TOMMY GREEN, RICARDO HARRIS, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH re 116 MOTION to Exclude the Testimony and Declaration of Dr. Kim Cavitt (Attachments: # 1 Exhibit A - Bohannon Deposition Transcript)(MILLER, RALPH) (Entered: 09/21/2021)	RECAP
119	Sept. 29, 2021	JOINT MOTION to Continue the Discovery Deadlines and Motion for a Status Conference by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD filed by STEPHEN CLARENCE ROGERS.(ROGERS, STEPHEN) (Entered: 09/29/2021)	RECAP
119	Sept. 29, 2021	JOINT MOTION to Continue the Discovery Deadlines and Motion for a Status Conference by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD filed by STEPHEN CLARENCE ROGERS.(ROGERS, STEPHEN) (Entered: 09/29/2021)	RECAP
120	Sept. 29, 2021	This is a text only entry; no document issued. ORDER granting 119 Joint Motion to Continue. The parties are excused from the discovery deadlines currently pending. After the Court issues its ruling on the Plaintiffs' Motion for Class Certification, the Court will schedule a status conference to discuss discovery going forward, should that be necessary at that juncture. The Court encourages the parties to continue to negotiate and conduct what discovery they can. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 9/29/2021 (TES) (Entered: 09/29/2021)	RECAP
120	Sept. 29, 2021	This is a text only entry; no document issued. ORDER granting 119 Joint Motion to Continue. The parties are excused from the discovery deadlines currently pending. After the Court issues its ruling on the Plaintiffs' Motion for Class Certification, the Court will schedule a status conference to discuss discovery going forward, should that be necessary at that juncture. The Court encourages the parties to continue to negotiate and conduct what discovery they can. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 9/29/2021 (TES) (Entered: 09/29/2021)	RECAP
	Sept. 29, 2021	Order on Motion to Continue
	Sept. 29, 2021	Order on Motion to Continue
121	Dec. 29, 2021	ORDER (Proposed Scheduling/Discovery order due by 1/31/2022.); granting 49 Motion to Certify Class; terminates as moot 111 Motion for Leave to File Supplemental Declaration in Support of Motion for Class Certification; denies 116 Motion to Exclude the Testimony and Declaration of Dr. Kim Cavitt. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 12/28/2021. (hdw) Modified on 12/29/2021 to add docket text (hdw). (Entered: 12/29/2021)	RECAP
121	Dec. 29, 2021	ORDER (Proposed Scheduling/Discovery order due by 1/31/2022.); granting 49 Motion to Certify Class; terminates as moot 111 Motion for Leave to File Supplemental Declaration in Support of Motion for Class Certification; denies 116 Motion to Exclude the Testimony and Declaration of Dr. Kim Cavitt. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 12/28/2021. (hdw) Modified on 12/29/2021 to add docket text (hdw). (Entered: 12/29/2021)	RECAP
122	Jan. 31, 2022	NOTICE Joint Amended Rule 26 Report by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD (ROGERS, STEPHEN) (Entered: 01/31/2022)	RECAP
122	Jan. 31, 2022	NOTICE Joint Amended Rule 26 Report by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD (ROGERS, STEPHEN) (Entered: 01/31/2022)	RECAP
	Feb. 1, 2022	Notice of Deficiency (related document(s): 122 NOTICE Joint Amended Rule 26 Report filed by TERRY BARNARD, TIMOTHY C. WARD, GEORGIA STATE BOARD OF PARDONS AND PAROLES, GEORGIA DEPARTMENT OF CORRECTIONS ); The Proposed Scheduling and Discovery Order should be emailed to the court pursuant to 26 Rules 16/26 Order and not filed on the docket. (hdw)
	Feb. 1, 2022	Notice of Deficiency (related document(s): 122 NOTICE Joint Amended Rule 26 Report filed by TERRY BARNARD, TIMOTHY C. WARD, GEORGIA STATE BOARD OF PARDONS AND PAROLES, GEORGIA DEPARTMENT OF CORRECTIONS ); The Proposed Scheduling and Discovery Order should be emailed to the court pursuant to 26 Rules 16/26 Order and not filed on the docket. (hdw)
	Feb. 1, 2022	Notice of Deficiency
	Feb. 1, 2022	Notice of Deficiency
123	Feb. 2, 2022	SCHEDULING/DISCOVERY ORDER:Discovery to be complete by 11/1/2022. Dispositive motions due by 4/7/2023. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 2/2/2022. (hdw) (Entered: 02/02/2022)	RECAP
123	Feb. 2, 2022	SCHEDULING/DISCOVERY ORDER:Discovery to be complete by 11/1/2022. Dispositive motions due by 4/7/2023. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 2/2/2022. (hdw) (Entered: 02/02/2022)	RECAP
124	April 8, 2022	PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by TOMMY GREEN, RICARDO HARRIS, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4060510, $100. LOCAL COUNSEL Name and Georgia Bar #: Sean Jengwei Young. (Attachments: # 1 Certificate of Good Standing)(MOSSAVI, SAMIN) (Entered: 04/08/2022)	RECAP
124	April 8, 2022	PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by TOMMY GREEN, RICARDO HARRIS, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4060510, $100. LOCAL COUNSEL Name and Georgia Bar #: Sean Jengwei Young. (Attachments: # 1 Certificate of Good Standing)(MOSSAVI, SAMIN) (Entered: 04/08/2022)	RECAP
125	April 8, 2022	Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by SAMIN MOSSAVI (mdm) (Entered: 04/08/2022)	RECAP
125	April 8, 2022	Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by SAMIN MOSSAVI (mdm) (Entered: 04/08/2022)	RECAP
126	April 22, 2022	NOTICE of Attorney Appearance by ANDRES MARTIN LOPEZ DELGADO on behalf of TOMMY GREEN, RICARDO HARRIS, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH Attorney ANDRES MARTIN LOPEZ DELGADO added to party TOMMY GREEN(pty:pla), Attorney ANDRES MARTIN LOPEZ DELGADO added to party RICARDO HARRIS(pty:pla), Attorney ANDRES MARTIN LOPEZ DELGADO added to party TONY MOORE, JR(pty:pla), Attorney ANDRES MARTIN LOPEZ DELGADO added to party CHRISTOPHER SHIELDS(pty:pla), Attorney ANDRES MARTIN LOPEZ DELGADO added to party ANDREW SMITH(pty:pla), Attorney ANDRES MARTIN LOPEZ DELGADO added to party DARRELL SMITH, JR(pty:pla), Attorney ANDRES MARTIN LOPEZ DELGADO added to party JORAE SMITH(pty:pla)(LOPEZ DELGADO, ANDRES) (Entered: 04/22/2022)	RECAP
126	April 22, 2022	NOTICE of Attorney Appearance by ANDRES MARTIN LOPEZ DELGADO on behalf of TOMMY GREEN, RICARDO HARRIS, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH Attorney ANDRES MARTIN LOPEZ DELGADO added to party TOMMY GREEN(pty:pla), Attorney ANDRES MARTIN LOPEZ DELGADO added to party RICARDO HARRIS(pty:pla), Attorney ANDRES MARTIN LOPEZ DELGADO added to party TONY MOORE, JR(pty:pla), Attorney ANDRES MARTIN LOPEZ DELGADO added to party CHRISTOPHER SHIELDS(pty:pla), Attorney ANDRES MARTIN LOPEZ DELGADO added to party ANDREW SMITH(pty:pla), Attorney ANDRES MARTIN LOPEZ DELGADO added to party DARRELL SMITH, JR(pty:pla), Attorney ANDRES MARTIN LOPEZ DELGADO added to party JORAE SMITH(pty:pla)(LOPEZ DELGADO, ANDRES) (Entered: 04/22/2022)	RECAP
127	April 28, 2022	NOTICE of Attorney Withdrawal by SEAN JENGWEI YOUNG on behalf of TOMMY GREEN, RICARDO HARRIS, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH(YOUNG, SEAN) (Entered: 04/28/2022)	RECAP
127	April 28, 2022	NOTICE of Attorney Withdrawal by SEAN JENGWEI YOUNG on behalf of TOMMY GREEN, RICARDO HARRIS, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH(YOUNG, SEAN) (Entered: 04/28/2022)	RECAP
128	June 16, 2022	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-4112405, $100. LOCAL COUNSEL Name and Georgia Bar #: Andres Martin Lopez Delgado 552876. (Attachments: # 1 Certificate of Good Standing Certificate of Good Standing)(RESENDES, WESTLEY) (Entered: 06/16/2022) 1 Certificate of Good Standing Certificate of Good Standing View on PACER	RECAP
128	June 16, 2022	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-4112405, $100. LOCAL COUNSEL Name and Georgia Bar #: Andres Martin Lopez Delgado 552876. (Attachments: # 1 Certificate of Good Standing Certificate of Good Standing)(RESENDES, WESTLEY) (Entered: 06/16/2022) 1 Certificate of Good Standing Certificate of Good Standing View on PACER	RECAP
129	June 16, 2022	Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by WESTLEY RESENDES (tam) (Entered: 06/16/2022)	RECAP
129	June 16, 2022	Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by WESTLEY RESENDES (tam) (Entered: 06/16/2022)	RECAP
	June 16, 2022	Notice of Deficiency (related document(s): 129 Attorney Admission Fee Met ); Case Administrator Deficiency. Entered in error. Attorney needs to submit a certificate of good standing from a US District court. (tam)
	June 16, 2022	Notice of Deficiency
	June 16, 2022	Notice of Deficiency (related document(s): 128 Petition to the Clerk for Admission to Plead and Practice Pro Hac Vice, filed by CHRISTOPHER SHIELDS, RICARDO HARRIS, TOMMY GREEN, ANDREW SMITH, JORAE SMITH, DARRELL SMITH, JR., TONY MOORE, JR. ); Other (Please provide a Certificate of Good Standing from a US District Court that you are admitted to practice).(tam)
	June 16, 2022	Notice of Deficiency (related document(s): 129 Attorney Admission Fee Met ); Case Administrator Deficiency. Entered in error. Attorney needs to submit a certificate of good standing from a US District court. (tam)
	June 16, 2022	Notice of Deficiency
	June 16, 2022	Notice of Deficiency (related document(s): 128 Petition to the Clerk for Admission to Plead and Practice Pro Hac Vice, filed by CHRISTOPHER SHIELDS, RICARDO HARRIS, TOMMY GREEN, ANDREW SMITH, JORAE SMITH, DARRELL SMITH, JR., TONY MOORE, JR. ); Other (Please provide a Certificate of Good Standing from a US District Court that you are admitted to practice).(tam)
130	June 29, 2022	MOTION to Withdraw as Attorney by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD filed by STEPHEN CLARENCE ROGERS.(ROGERS, STEPHEN) (Entered: 06/29/2022)	RECAP
130	June 29, 2022	MOTION to Withdraw as Attorney by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD filed by STEPHEN CLARENCE ROGERS.(ROGERS, STEPHEN) (Entered: 06/29/2022)	RECAP
131	June 29, 2022	This is a text only entry; no document issued. ORDER granting 130 Motion to Withdraw as Attorney. Attorney STEPHEN CLARENCE ROGERS terminated. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 6/29/2022 (TES) (Entered: 06/29/2022)	RECAP
131	June 29, 2022	This is a text only entry; no document issued. ORDER granting 130 Motion to Withdraw as Attorney. Attorney STEPHEN CLARENCE ROGERS terminated. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 6/29/2022 (TES) (Entered: 06/29/2022)	RECAP
	June 29, 2022	Order on Motion to Withdraw as Attorney
	June 29, 2022	Order on Motion to Withdraw as Attorney
132	July 14, 2022	PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4135202, $100. LOCAL COUNSEL Name and Georgia Bar #: Tina Piper 142469. (Attachments: # 1 Certificate of Good Standing in the Northern District of Alabama)(REEVES, MATTHEW) (Entered: 07/14/2022)	RECAP
132	July 14, 2022	PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4135202, $100. LOCAL COUNSEL Name and Georgia Bar #: Tina Piper 142469. (Attachments: # 1 Certificate of Good Standing in the Northern District of Alabama)(REEVES, MATTHEW) (Entered: 07/14/2022)	RECAP
133	July 14, 2022	Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by MATTHEW REEVES (tam) (Entered: 07/14/2022)	RECAP
133	July 14, 2022	Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by MATTHEW REEVES (tam) (Entered: 07/14/2022)	RECAP
	July 14, 2022	Notice of Deficiency
	July 14, 2022	Notice of Deficiency (related document(s): 132 Petition to the Clerk for Admission to Plead and Practice Pro Hac Vice, filed by TERRY BARNARD, TIMOTHY C. WARD, GEORGIA STATE BOARD OF PARDONS AND PAROLES, GEORGIA DEPARTMENT OF CORRECTIONS ); For future filings all documents must be converted into text-searchable PDF format. See CM/ECF Administrative Procedures, page 9. NO NEED TO REFILE (tam)
	July 14, 2022	Notice of Deficiency (related document(s): 132 Petition to the Clerk for Admission to Plead and Practice Pro Hac Vice, filed by TERRY BARNARD, TIMOTHY C. WARD, GEORGIA STATE BOARD OF PARDONS AND PAROLES, GEORGIA DEPARTMENT OF CORRECTIONS ); For future filings all documents must be converted into text-searchable PDF format. See CM/ECF Administrative Procedures, page 9. NO NEED TO REFILE (tam)
	July 14, 2022	Notice of Deficiency
134	July 27, 2022	PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4145021, $100. LOCAL COUNSEL Name and Georgia Bar #: Tina Piper 142469. (Attachments: # 1 Certificate of Good Standing in the Northern District of Alabama)(TOLER, ANDREW) (Entered: 07/27/2022)	RECAP
134	July 27, 2022	PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4145021, $100. LOCAL COUNSEL Name and Georgia Bar #: Tina Piper 142469. (Attachments: # 1 Certificate of Good Standing in the Northern District of Alabama)(TOLER, ANDREW) (Entered: 07/27/2022)	RECAP
135	July 28, 2022	Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by ANDREW THOMAS TOLER (tam) (Entered: 07/28/2022)	RECAP
135	July 28, 2022	Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by ANDREW THOMAS TOLER (tam) (Entered: 07/28/2022)	RECAP
136	July 28, 2022	UNOPPOSED MOTION to Substitute a Class Representative by TOMMY GREEN, RICARDO HARRIS, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH filed by RALPH I MILLER. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Amended Complaint, # 3 Proposed Order)(MILLER, RALPH). Added MOTION to Amend Complaint on 7/28/2022 (ggs). (Entered: 07/28/2022) 1 Memorandum in Support View on PACER 2 Exhibit A - Amended Complaint View on PACER 3 Proposed Order View on PACER	RECAP
136	July 28, 2022	UNOPPOSED MOTION to Substitute a Class Representative by TOMMY GREEN, RICARDO HARRIS, TONY MOORE, JR, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH filed by RALPH I MILLER. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - Amended Complaint, # 3 Proposed Order)(MILLER, RALPH). Added MOTION to Amend Complaint on 7/28/2022 (ggs). (Entered: 07/28/2022) 1 Memorandum in Support View on PACER 2 Exhibit A - Amended Complaint View on PACER 3 Proposed Order View on PACER	RECAP
137	July 29, 2022	ORDER granting 136 Motion to Substitute a Class Representative. MARK BIRDOW is substituted as a class representative in this action in the place and stead of TONY MOORE. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 7/28/2022. (ggs) (Entered: 07/29/2022)	RECAP
137	July 29, 2022	ORDER granting 136 Motion to Substitute a Class Representative. MARK BIRDOW is substituted as a class representative in this action in the place and stead of TONY MOORE. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 7/28/2022. (ggs) (Entered: 07/29/2022)	RECAP
	July 29, 2022	NOTICE TO COUNSEL ANNA BITENCOURT - 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. PLEASE BE ADVISED you will not receive electronic notification of electronic filings until you comply with the admissions requirements.(ggs)
	July 29, 2022	Notice to Attorney Re: Admissions Requirement
	July 29, 2022	NOTICE TO COUNSEL ANNA BITENCOURT - 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. PLEASE BE ADVISED you will not receive electronic notification of electronic filings until you comply with the admissions requirements.(ggs)
	July 29, 2022	Notice to Attorney Re: Admissions Requirement
138	Aug. 25, 2022	JOINT 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 WILLIAM LUNSFORD.(LUNSFORD, WILLIAM) (Entered: 08/25/2022)	RECAP
138	Aug. 25, 2022	JOINT 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 WILLIAM LUNSFORD.(LUNSFORD, WILLIAM) (Entered: 08/25/2022)	RECAP
139	Aug. 25, 2022	This is a text only entry; no document issued. ORDER granting 138 Motion for Extension of Time to Complete Discovery. The discovery deadlines are extended as follows: Close of fact discovery - December 23, 2022; Plaintiffs expert reports due - January 13, 2023; Plaintiffs to make their experts available for depositions - January 20 to February 10, 2023; States expert reports due - February 24, 2023; The State to make its experts available for deposition - March 3 to March 24, 2023; Plaintiffs rebuttal expert reports due - April 7, 2023; Close of expert discovery - April 28, 2023; Dispositive and Daubert motions due - May 26, 2023; Responses in opposition to dispositive and Daubert motions due - June 23, 2023; and Replies in support of dispositive and Daubert motions - July 14, 2023. The parties agree that any rebuttal expert reports from Plaintiffs will be limited to contradict or rebut evidence on the same subject matter identified in the States expert reports. See Fed. R. Civ. P. 26(a)(2)(D)(ii). The Parties also agree that the State may depose, or re-depose as may be, any purported expert who submits a rebuttal report for Plaintiffs in this action. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 8/25/2022 (TES) (Entered: 08/25/2022)	RECAP
139	Aug. 25, 2022	This is a text only entry; no document issued. ORDER granting 138 Motion for Extension of Time to Complete Discovery. The discovery deadlines are extended as follows: Close of fact discovery - December 23, 2022; Plaintiffs expert reports due - January 13, 2023; Plaintiffs to make their experts available for depositions - January 20 to February 10, 2023; States expert reports due - February 24, 2023; The State to make its experts available for deposition - March 3 to March 24, 2023; Plaintiffs rebuttal expert reports due - April 7, 2023; Close of expert discovery - April 28, 2023; Dispositive and Daubert motions due - May 26, 2023; Responses in opposition to dispositive and Daubert motions due - June 23, 2023; and Replies in support of dispositive and Daubert motions - July 14, 2023. The parties agree that any rebuttal expert reports from Plaintiffs will be limited to contradict or rebut evidence on the same subject matter identified in the States expert reports. See Fed. R. Civ. P. 26(a)(2)(D)(ii). The Parties also agree that the State may depose, or re-depose as may be, any purported expert who submits a rebuttal report for Plaintiffs in this action. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 8/25/2022 (TES) (Entered: 08/25/2022)	RECAP
	Aug. 26, 2022	Order on Motion for Extension of Time to Complete Discovery
	Aug. 26, 2022	Order on Motion for Extension of Time to Complete Discovery
140	Sept. 1, 2022	JOINT MOTION for Protective Order by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD filed by WILLIAM LUNSFORD. (Attachments: # 1 Proposed Protective Order)(LUNSFORD, WILLIAM) (Entered: 09/01/2022)	RECAP
140	Sept. 1, 2022	JOINT MOTION for Protective Order by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD filed by WILLIAM LUNSFORD. (Attachments: # 1 Proposed Protective Order)(LUNSFORD, WILLIAM) (Entered: 09/01/2022)	RECAP
141	Sept. 6, 2022	PROTECTIVE ORDER Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 9/6/2022. (Attachments: # 1 Exhibit A - Facility Inspection Protocol)(ggs) (Entered: 09/06/2022) 1 Exhibit A - Facility Inspection Protocol View on RECAP	RECAP
141	Sept. 6, 2022	PROTECTIVE ORDER Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 9/6/2022. (Attachments: # 1 Exhibit A - Facility Inspection Protocol)(ggs) (Entered: 09/06/2022) 1 Exhibit A - Facility Inspection Protocol View on RECAP	RECAP
142	Sept. 14, 2022	PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4183394, $100. LOCAL COUNSEL Name and Georgia Bar #: Tina Piper 142469. (Attachments: # 1 Certificate of Good Standing in the Northern District of Alabama for Anne Adams Hill)(HILL, ANNE) (Entered: 09/14/2022)	RECAP
142	Sept. 14, 2022	PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by TERRY BARNARD, GEORGIA DEPARTMENT OF CORRECTIONS, GEORGIA STATE BOARD OF PARDONS AND PAROLES, TIMOTHY C. WARD Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4183394, $100. LOCAL COUNSEL Name and Georgia Bar #: Tina Piper 142469. (Attachments: # 1 Certificate of Good Standing in the Northern District of Alabama for Anne Adams Hill)(HILL, ANNE) (Entered: 09/14/2022)	RECAP
143	Sept. 14, 2022	Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by ANNE ADAMS HILL (nop) (Entered: 09/14/2022)	RECAP
143	Sept. 14, 2022	Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by ANNE ADAMS HILL (nop) (Entered: 09/14/2022)	RECAP
144	Sept. 19, 2022	PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by MARK BIRDOW, TOMMY GREEN, RICARDO HARRIS, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4187589, $100. LOCAL COUNSEL Name and Georgia Bar #: Andres Martin Lopez Delgado, Georgia State Bar No. 552876. (Attachments: # 1 Certificate of Good Standing)(SAIONTZ, LEAH) Modified on 9/19/2022 (esl) to correct misspelling of name in italics. (Entered: 09/19/2022)	RECAP
144	Sept. 19, 2022	PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by MARK BIRDOW, TOMMY GREEN, RICARDO HARRIS, CHRISTOPHER SHIELDS, ANDREW SMITH, DARRELL SMITH, JR, JORAE SMITH Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4187589, $100. LOCAL COUNSEL Name and Georgia Bar #: Andres Martin Lopez Delgado, Georgia State Bar No. 552876. (Attachments: # 1 Certificate of Good Standing)(SAIONTZ, LEAH) Modified on 9/19/2022 (esl) to correct misspelling of name in italics. (Entered: 09/19/2022)	RECAP

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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 Affiliates (any)

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Georgia Department of Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Other Dockets:

Middle District of Georgia 5:18-cv-00365

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Disability and Disability Rights:

Hearing impairment

Recommended Citation

Case Summary of Harris v. Georgia Department of Corrections, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/45183/ (last updated 3/15/2026).