Case: Hambrick v. Labat

COMPLAINT with Jury Demand (Filing fee $405, receipt number AGANDC-13918541) filed by Shannon Jackson, Nkenegen Hambrick. (Attachments: # 1 Exhibit A - DOJ Report, # 2 Exhibit B - 2022 Sanitation Guidelines, # 3 Exhibit C - 2023 Sanitation Guidelines, # 4 Exhibit D - 2024 Sanitation Guidelines, # 5 Exhibit E - 2023 Facility Inspections, # 6 Exhibit F - 2006 Classification of Inmates, # 7 Exhibit G - August 24, 2024 Incident Report, # 8 Exhibit H - August 10 and 12, 2024 Incident Reports, # 9 Exhibit I - Detainee Deaths from ORR Responses, # 10 Exhibit J - Handwritten Hambrick Report, # 11 Exhibit K - Naphcare Hambrick Records, # 12 Exhibit L - Hambrick Peachtree Meds, # 13 Exhibit M - Plaintiff Hambrick Photos, # 14 Exhibit N - 1st Jackson Stabbing, # 15 Exhibit O - 2nd Jackson Stabbing, # 16 Exhibit P - Door lock failure, # 17 Civil Cover Sheet)(ajw) 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: 12/11/2024)

1 Exhibit A - DOJ Report

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2 Exhibit B - 2022 Sanitation Guidelines

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3 Exhibit C - 2023 Sanitation Guidelines

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4 Exhibit D - 2024 Sanitation Guidelines

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5 Exhibit E - 2023 Facility Inspections

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6 Exhibit F - 2006 Classification of Inmates

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7 Exhibit G - August 24, 2024 Incident Report

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8 Exhibit H - August 10 and 12, 2024 Incident Reports

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9 Exhibit I - Detainee Deaths from ORR Responses

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10 Exhibit J - Handwritten Hambrick Report

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11 Exhibit K - Naphcare Hambrick Records

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12 Exhibit L - Hambrick Peachtree Meds

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13 Exhibit M - Plaintiff Hambrick Photos

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14 Exhibit N - 1st Jackson Stabbing

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15 Exhibit O - 2nd Jackson Stabbing

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16 Exhibit P - Door lock failure

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17 Civil Cover Sheet

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Electronic Summons Issued as to Fulton County Chief Jailer John Jackson, Fulton County Sheriff Patrick Labat. (Attachments: # 1 Summons)(ajw) (Entered: 12/11/2024)

First MOTION to Certify Class with Brief In Support by Nkenegen Hambrick, Shannon Jackson. (Attachments: # 1 Brief Brief in Support, # 2 Exhibit DOJ Report)(Leed, Patrick) (Entered: 01/02/2025)

WAIVER OF SERVICE Returned Executed by Fulton County Sheriff Patrick Labat. Fulton County Sheriff Patrick Labat waiver mailed on 12/18/2024, answer due 2/18/2025. (Choy, Sun) (Entered: 01/09/2025)

WAIVER OF SERVICE Returned Executed by Fulton County Chief Jailer John Jackson. Fulton County Chief Jailer John Jackson waiver mailed on 12/18/2024, answer due 2/18/2025. (Choy, Sun) (Entered: 01/09/2025)

Amended MOTION to Certify Class with Brief In Support by Nkenegen Hambrick. (Attachments: # 1 Brief)(Harper, Michael) (Entered: 01/09/2025)

ORDER OF RECUSAL. Judge Sarah E. Geraghty recused. Case reassigned to Judge Steven D. Grimberg for all further proceedings NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:24-cv-05658-SDG-CCB. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Sarah E. Geraghty on 1/10/2025. (ane) (Entered: 01/13/2025)

Submission of 3 First MOTION to Certify Class, to District Judge Steven D. Grimberg. (dnb)

Joint MOTION for Extension of Time to Respond to Plaintiff's Amended Motion to Certify Class re: 6 Amended MOTION to Certify Class by Fulton County Sheriff Patrick Labat, Fulton County Chief Jailer John Jackson. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Enlargement of Time)(Choy, Sun) (Entered: 01/27/2025)

Submission of 6 Amended MOTION to Certify Class, to Magistrate Judge Christopher C. Bly. (dnb)

NOTICE of Appearance by Jacob Edward Daly on behalf of Fulton County Sheriff Patrick Labat, Fulton County Chief Jailer John Jackson (Daly, Jacob) (Entered: 01/28/2025)

ORDER GRANTING 8 Motion for Extension of Time. The deadline for defendants to file a response to plaintiffs amended motion to certify class shall be extended to and including the later of (1) 3/19/2025, if defendants do not file a Rule 12 motion to dismiss, or (2) if defendants file a Rule 12 motion to dismiss, thirty days after the Court enters an order ruling on the motion. Signed by Magistrate Judge Christopher C. Bly on 1/28/2025. (tas) (Entered: 01/28/2025)

MOTION to Dismiss with Brief In Support by Fulton County Chief Jailer John Jackson, Fulton County Sheriff Patrick Labat. (Attachments: # 1 Exhibit Exhibit A - Consent Decree)(Daly, Jacob) (Entered: 02/18/2025)

First AMENDED COMPLAINT against All Defendants with Jury Demand filed by Shannon Jackson, Nkenegen Hambrick.(Leed, Patrick) 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: 03/03/2025)

RESPONSE in Opposition re 11 MOTION to Dismiss filed by Nkenegen Hambrick, Shannon Jackson. (Leed, Patrick) (Entered: 03/04/2025)

MOTION for Extension of Time to File Answer re 12 Amended Complaint, by Fulton County Sheriff Patrick Labat. (Attachments: # 1 Text of Proposed Order For Enlargement of Time)(Daly, Jacob) (Entered: 03/17/2025)

ORDER GRANTING IN PART 14 Motion for Extension of Time to Respond as to Defendants Labat and Jackson, and DENYING IN PART as to the remaining Defendants. The deadline for Defendants Labat and Jackson to file an answer or motion in response to the first amended class action complaint is 4/16/2025. Additionally, because Plaintiffs have filed an amended complaint, the motion to dismiss the original complaint 11 is DENIED AS MOOT. Signed by Magistrate Judge Christopher C. Bly on 3/19/2025. (tas) (Entered: 03/19/2025)

Submission of 11 MOTION to Dismiss, to Magistrate Judge Christopher C. Bly. (dnb)

MOTION to Dismiss as to the First Amended Complaint with Brief In Support by Fulton County Chief Jailer John Jackson, Fulton County Sheriff Patrick Labat. (Daly, Jacob) (Entered: 04/16/2025)

ORDER DENYING AS MOOT 3 Motion to Certify Class and DENYING WITHOUT PREJUDICE AS MOOT 6 Motion to Certify Class. This order does not in any way modify the current schedule for Defendants to respond to the amended motion to certify the classit simply takes that motion out of "pending" status until after the motion to dismiss is resolved. Signed by Magistrate Judge Christopher C. Bly on 4/17/2025. (tas) (Entered: 04/17/2025)

RESPONSE re 16 MOTION to Dismiss as to the First Amended Complaint filed by Nkenegen Hambrick, Shannon Jackson. (Leed, Patrick) (Entered: 04/30/2025)

WAIVER OF SERVICE Returned Executed by Fulton County Sheriff Patrick Labat. Fulton County Sheriff Patrick Labat waiver mailed on 3/28/2025, answer due 5/27/2025. (Daly, Jacob) (Entered: 05/12/2025)

WAIVER OF SERVICE Returned Executed by Fulton County Chief Jailer John Jackson. Fulton County Chief Jailer John Jackson waiver mailed on 3/28/2025, answer due 5/27/2025. (Daly, Jacob) (Entered: 05/12/2025)

WAIVER OF SERVICE Returned Executed by Fulton County. Fulton County waiver mailed on 3/28/2025, answer due 5/27/2025. (Daly, Jacob) (Entered: 05/12/2025)

WAIVER OF SERVICE Returned Executed by Fulton County Board of Commissioners Chairman Robb Pitts. Fulton County Board of Commissioners Chairman Robb Pitts waiver mailed on 3/28/2025, answer due 5/27/2025. (Daly, Jacob) (Entered: 05/12/2025)

WAIVER OF SERVICE Returned Executed by Fulton County Board Commissioner Bridget Thorne. Fulton County Board Commissioner Bridget Thorne waiver mailed on 3/28/2025, answer due 5/27/2025. (Daly, Jacob) (Entered: 05/12/2025)

WAIVER OF SERVICE Returned Executed by Fulton County Board Commissioner Bob Ellis. Fulton County Board Commissioner Bob Ellis waiver mailed on 3/28/2025, answer due 5/27/2025. (Daly, Jacob) (Entered: 05/12/2025)

WAIVER OF SERVICE Returned Executed by Fulton County Board Commissioner Mo Ivory. Fulton County Board Commissioner Mo Ivory waiver mailed on 3/28/2025, answer due 5/27/2025. (Daly, Jacob) (Entered: 05/12/2025)

WAIVER OF SERVICE Returned Executed by Fulton County Board Commissioner Khadijah Abur-Rahman. Fulton County Board Commissioner Khadijah Abur-Rahman waiver mailed on 3/28/2025, answer due 5/27/2025. (Daly, Jacob) (Entered: 05/12/2025)

WAIVER OF SERVICE Returned Executed by Fulton County Board Commissioner Dana Barrett. Fulton County Board Commissioner Dana Barrett waiver mailed on 3/28/2025, answer due 5/27/2025. (Daly, Jacob) (Entered: 05/12/2025)

Submission of 16 MOTION to Dismiss as to the First Amended Complaint, to Magistrate Judge Christopher C. Bly. (dnb)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for lack of subject-matter jurisdiction as to the First Amended Complaint with Brief In Support by Fulton County, Fulton County Board Commissioner Bob Ellis, Fulton County Board Commissioner Bridget Thorne, Fulton County Board Commissioner Dana Barrett, Fulton County Board Commissioner Khadijah Abur-Rahman, Fulton County Board Commissioner Mo Ivory, Fulton County Board of Commissioners Chairman Robb Pitts, Fulton County Chief Jailer John Jackson, Fulton County Sheriff Patrick Labat. (Daly, Jacob) (Entered: 05/27/2025)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Fulton County Board Commissioner Marvin S. Arrington, Jr. (Dreyer, David) (Entered: 05/27/2025)

RESPONSE in Opposition re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for lack of subject-matter jurisdiction as to the First Amended Complaint filed by Nkenegen Hambrick, Shannon Jackson. (Leed, Patrick) (Entered: 06/10/2025)

RESPONSE in Opposition re 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nkenegen Hambrick, Shannon Jackson. (Leed, Patrick) (Entered: 06/10/2025)

REPLY to Response to Motion re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for lack of subject-matter jurisdiction as to the First Amended Complaint filed by Fulton County, Fulton County Board Commissioner Bob Ellis, Fulton County Board Commissioner Bridget Thorne, Fulton County Board Commissioner Dana Barrett, Fulton County Board Commissioner Khadijah Abur-Rahman, Fulton County Board Commissioner Mo Ivory, Fulton County Board of Commissioners Chairman Robb Pitts, Fulton County Chief Jailer John Jackson, Fulton County Sheriff Patrick Labat. (Attachments: # 1 Exhibit Exhibit A - Order appointing monitor, # 2 Exhibit Exhibit B - Motion regarding monitor's budget for 2025, # 3 Exhibit Exhibit C - Order granting motion regarding monitor's budget for 2025)(Daly, Jacob) (Entered: 06/24/2025)

Submission of 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for lack of subject-matter jurisdiction as to the First Amended Complaint, 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to Magistrate Judge Christopher C. Bly. (dnb)

NOTICE of Appearance by Steven Lynn Walters, II on behalf of Fulton County Chief Jailer John Jackson, Fulton County Sheriff Patrick Labat (Walters, Steven) (Entered: 11/20/2025)

OPINION AND ORDER. Defendants' motions to dismiss [ECFs 16 , 28 , 29 ] are GRANTED IN PART as to any claims against Fulton County, the Commissioners, and Plaintiffs' claims for prospective and injunctive relief; DENIED IN PART as to the claims against Defendants Jackson and Labat in their individual capacities and as to the argument that the amended complaint is a shotgun pleading; and DENIED IN PART AS MOOT as to Defendants' statute of limitations arguments and as to the sugge stion that there are claims against Labat and Jackson in their official capacities. The remaining Defendants are ORDERED to answer the remaining portions of the amended complaint no later than April 30, 2026. The Clerk is DIRECTED to terminate the reference to the Magistrate Judge. Signed by Judge Steven D. Grimberg on 3/31/2026. (tcc)

Case no longer referred to Magistrate Judge Christopher C. Bly. (tcc)