Case: Martin v. United States of America

1:19-cv-04106 | U.S. District Court for the Northern District of Georgia

Filed Date: Sept. 11, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This case was a damage action brought by someone whose home was mistakenly entered by Federal Bureau of Investigation (“FBI”) officers executing a warrant. The officers broke down the front door and detained one of the people there before realizing that they were in the wrong home. The plaintiff was the homeowner; she sued on behalf of herself and her minor child in the United States District Court for the Northern District of Georgia against the United States and the individual FBI agents on S…

This case was a damage action brought by someone whose home was mistakenly entered by Federal Bureau of Investigation (“FBI”) officers executing a warrant. The officers broke down the front door and detained one of the people there before realizing that they were in the wrong home. The plaintiff was the homeowner; she sued on behalf of herself and her minor child in the United States District Court for the Northern District of Georgia against the United States and the individual FBI agents on September 11, 2019. Represented by the Institute for Justice, the plaintiffs sought economic and compensatory damages against the federal government under the Federal Tort Claims Act. Specifically, the complaint alleged that the federal government committed the torts of false arrest/false imprisonment, assault and battery, trespass, negligent infliction of emotional distress, and negligence. The plaintiffs also sought punitive damages against the individual FBI agents under Bivens, arguing that the officers violated the plaintiffs’ Fourth Amendment rights to be free from baseless entry, detention, and arrest. The case was assigned to District Judge J.P. Boulee.

On December 21, 2019, one of the FBI agents filed a motion to dismiss. The court denied this motion without prejudice on August 28, 2020. Approximately one year later, on August 27, 2021, the agent and the United States filed a motion for summary judgment. On May 2, 2022, before ruling on the defendants’ motion for summary judgment, the court consolidated this case with Cliatt v. United States, 1:19-cv-04180. The plaintiff in Cliatt was the homeowner's then-fiancé, who was also present in the home when the FBI executed the no-knock warrant. The defendants had filed a parallel motion for summary judgment in Cliatt

On September 23, 2022, the court partly granted and partly denied the defendants’ motion for summary judgment. 631 F.Supp.3d 1281. The court dismissed the claims against the individual FBI agent under the doctrine of qualified immunity. The court also dismissed the tort claims of trespass, negligent/intentional infliction of emotional distress, and negligence because they involved officer discretion and did not fall under the Law Enforcement Proviso of the Federal Tort Claims Act. However, the court held that the remaining tort claims of false arrest/false imprisonment and assault and battery did fall under the Law Enforcement Proviso and were thus allowed to proceed. 

Both the defendants and the plaintiffs filed motions for reconsideration on November 21, 2022 and November 22, 2022, respectively. On December 30, 2022, the trial court ruled in favor of the defendants and against the plaintiffs, thus dismissing the plaintiffs’ remaining claims. 2022 WL 18263039. The trial court relied on the Eleventh Circuit’s decision in Kordash v. United States, which had been handed down approximately one month after the trial court ruled on the defendants’ motion for summary judgment. In accordance with that precedent, the trial court dismissed the plaintiffs’ remaining claims as barred by the Supremacy Clause.

The plaintiffs appealed the trial court’s judgment to the Eleventh Circuit on January 9, 2023. The Eleventh Circuit affirmed the lower court’s dismissal on April 22, 2024. 2024 WL 1716235.

On September 27, 2024, the plaintiffs filed a petition for certiorari with the Supreme Court. On January 27, 2025, the Supreme Court granted certiorari limited to the following questions: “1) Whether the Constitution’s Supremacy Clause bars claims under the Federal Tort Claims Act when the negligent or wrongful acts of federal employees have some nexus with furthering federal policy and can reasonably be characterized as complying with the full range of federal law. 2) Whether the discretionary-function exception is categorically inapplicable to claims arising under the law enforcement proviso to the intentional torts exception.” 

The case will be argued in the Supreme Court in spring 2025. 

Summary Authors

Maddie Turk (2/21/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16321544/parties/martin-v-united-states-of-america/


Judge(s)

Boulee, Jean-Paul (Georgia)

Attorney for Plaintiff

Filipovits, Jeffrey (Georgia)

Attorney for Defendant

Coty, Darcy F. (Georgia)

Georgia, U.S. Attorney

Expert/Monitor/Master/Other

Brown, Dara

show all people

Documents in the Clearinghouse

Document
1

1:19-cv-04106

Complaint

Sept. 11, 2019

Sept. 11, 2019

Complaint
124

1:19-cv-04106

Order

Sept. 23, 2022

Sept. 23, 2022

Order/Opinion

631 F.Supp.3d 1281

1:19-cv-04106

Order

Dec. 30, 2022

Dec. 30, 2022

Order/Opinion

2022 WL 18263039

141

1:19-cv-04106

Order

Dec. 30, 2022

Dec. 30, 2022

Order/Opinion

2022 WL 18263039

147

1:19-cv-04106

Opinion

U.S. Court of Appeals for the Eleventh Circuit

April 22, 2024

April 22, 2024

Order/Opinion

2024 WL 1716235

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16321544/martin-v-united-states-of-america/

Last updated Nov. 15, 2025, 4:16 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand filed by Curtrina Martin and G.W. (Filing fee $400, receipt number AGANDC-8927870) (Attachments: # 1 Civil Cover Sheet, # 2 Summons Proposed- Incorrect) (jed) 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: 09/13/2019)

Sept. 11, 2019

Sept. 11, 2019

Clearinghouse
2

Summons Issued as to United States of America by U.S. Attorney. (jed) (Entered: 09/13/2019)

Sept. 12, 2019

Sept. 12, 2019

3

PROPOSED SUMMONS filed by G.W., Curtrina Martin (Attachments: # 1 Summons)(Lambert, Lisa) (Entered: 09/13/2019)

Sept. 13, 2019

Sept. 13, 2019

4

Electronic Summons Issued as to Lawrence Guerra, FBI. (ddm) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

115

COMPLAINT with Jury Demand filed by Hilliard Toi Cliatt. (Filing fee $400, receipt number AGANDC- 8940199) (Originally filed in case 1:19-cv-04180-JPB) (Attachments: # 1 Civil Cover Sheet)(ceo) 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: 05/02/2022)

Sept. 17, 2019

Sept. 17, 2019

5

Return of Service Executed by Curtrina Martin, G.W.. United States of America served on 10/2/2019, answer due 12/2/2019. (Filipovits, Jeffrey) Modified on 10/9/2019 to edit dates (ddm). (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

6

Ex Parte MOTION for Order Directing Service of Complaint Upon Unknown Agents and to Provide Notice of Suit Upon Unidentified Defendants with Brief In Support by G.W., Curtrina Martin. (Attachments: # 1 Text of Proposed Order)(Filipovits, Jeffrey) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

7

Ex Parte MOTION for Order Allowing Early Discovery to Identify Unknown FBI Agents with Brief In Support by G.W., Curtrina Martin. (Attachments: # 1 Text of Proposed Order)(Filipovits, Jeffrey) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

8

CERTIFICATE OF SERVICE re 6 Ex Parte MOTION for Order Directing Service of Complaint Upon Unknown Agents and to Provide Notice of Suit Upon Unidentified Defendants, 7 Ex Parte MOTION for Order Allowing Early Discovery to Identify Unknown FBI Agents filed by G.W., Curtrina Martin (Filipovits, Jeffrey) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

10

RESPONSE re 7 Ex Parte MOTION for Order Allowing Early Discovery to Identify Unknown FBI Agents filed by United States of America. (Williams, Samuel) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

9

RESPONSE re 6 Ex Parte MOTION for Order Directing Service of Complaint Upon Unknown Agents and to Provide Notice of Suit Upon Unidentified Defendants filed by United States of America. (Williams, Samuel) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

11

Return of Service Executed by Curtrina Martin, G.W.. Lawrence Guerra served on 10/8/2019, answer due 10/29/2019. (Filipovits, Jeffrey) (Entered: 10/29/2019)

Oct. 29, 2019

Oct. 29, 2019

Submission of 6 Ex Parte MOTION for Order Directing Service of Complaint Upon Unknown Agents and to Provide Notice of Suit Upon Unidentified Defendants, 7 Ex Parte MOTION for Order Allowing Early Discovery to Identify Unknown FBI Agents, to District Judge J. P. Boulee. (ddm)

Nov. 6, 2019

Nov. 6, 2019

Submission to District Judge

Nov. 6, 2019

Nov. 6, 2019

12

ORDER denying 6 Plaintiffs' Motion for Order of Service of the Complaint on Unknown Agents and granting in part and denying in part 7 Plaintiffs' Ex ParteMotion for Limited, Expedited Early Discovery to Identify Unknown Agents andto Extend Time for Personal Service of the Complaint. Plaintiffs shall be permitted limited written discovery for the sole purpose of identifying the John Doe defendants. Specifically, Plaintiffs may serve a single interrogatory on Defendant United States that requests the names of the John Doe defendants. Signed by Judge J. P. Boulee on 11/25/19. (ddm) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

13

CERTIFICATE OF SERVICE of Plaintiffs' Interrogatory to Defendant USA by G.W., Curtrina Martin.(Lambert, Lisa) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

14

Unopposed MOTION for Extension of Time to File Answer with Brief In Support by Lawrence Guerra, United States of America. (Attachments: # 1 Brief Memorandum of Law in Support, # 2 Text of Proposed Order)(Williams, Samuel) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

15

ORDER granting 14 Defendants' Unopposed Motion for Extension of Time, through December 23, 2019, to respond to 1 Plaintiff's Complaint. Signed by Judge J. P. Boulee on 12/3/19. (ddm) (Entered: 12/03/2019)

Dec. 3, 2019

Dec. 3, 2019

116

ANSWER to 115 COMPLAINT by United States of America. (Originally filed in 1:19-cv-04180-JPB)(ceo) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 05/02/2022)

Dec. 21, 2019

Dec. 21, 2019

16

ANSWER to 1 COMPLAINT by United States of America. Discovery ends on 5/19/2020.(Williams, Samuel) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 12/21/2019)

Dec. 21, 2019

Dec. 21, 2019

17

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Lawrence Guerra. (Attachments: # 1 Brief, # 2 Exhibit A)(Williams, Samuel) (Entered: 12/21/2019)

Dec. 21, 2019

Dec. 21, 2019

18

MOTION for Order to Stay Discovery with Brief In Support by Lawrence Guerra. (Attachments: # 1 Brief)(Williams, Samuel) (Entered: 12/23/2019)

Dec. 23, 2019

Dec. 23, 2019

19

Consent MOTION for Extension of Time File Responses re: 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 18 MOTION for Order to Stay Discovery by G.W., Curtrina Martin. (Lambert, Lisa) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

ORDER: For good cause shown, the 19 motion is GRANTED. Plaintiff shall respond to Defendants' motions no later than January 13, 2020. Signed by Judge J. P. Boulee on 1/3/20. (bnw)

Jan. 3, 2020

Jan. 3, 2020

Order on Motion for Extension of Time

Jan. 3, 2020

Jan. 3, 2020

20

RESPONSE in Opposition re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by G.W., Curtrina Martin. (Attachments: # 1 Affidavit)(Lambert, Lisa) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

21

RESPONSE in Opposition re 18 MOTION for Order to Stay Discovery filed by G.W., Curtrina Martin. (Lambert, Lisa) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

22

REPLY BRIEF re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lawrence Guerra. (Williams, Samuel) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

23

REPLY BRIEF re 18 MOTION for Order to Stay Discovery filed by Lawrence Guerra. (Williams, Samuel) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

24

JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by G.W., Curtrina Martin. (Lambert, Lisa) (Entered: 01/28/2020)

Jan. 28, 2020

Jan. 28, 2020

25

SCHEDULING ORDER regarding the parties' 24 Joint Preliminary Report and Discovery Plan. Initial disclosures shall not immediately be provided. In the event Defendants' Motion to Stay is denied, initial disclosures shall be filed within fourteen days of the denial. In the event the stay is granted, initial disclosures shall be filed within fourteen days of the opening of discovery. This case is assigned to a four-month discovery period. The discovery period does not begin, however, until this Court either denies Defendants' Motion to Stay Discovery, or if granted, upon the expiration of the stay. Signed by Judge J. P. Boulee on 1/29/2020. (ddm) (Entered: 01/29/2020)

Jan. 29, 2020

Jan. 29, 2020

Submission of 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 18 MOTION for Order to Stay Discovery, to District Judge J. P. Boulee. (ddm)

Jan. 30, 2020

Jan. 30, 2020

Submission to District Judge

Jan. 30, 2020

Jan. 30, 2020

26

ORDER directing the parties to each file a Certificate of Interested Persons and Corporate Disclosure Statement within seven days from the date of entry of this order. Signed by Judge J. P. Boulee on 2/3/2020. (ddm) (Entered: 02/04/2020)

Feb. 3, 2020

Feb. 3, 2020

27

Certificate of Interested Persons by G.W., Curtrina Martin. (Lambert, Lisa) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

Clerks Notation re 27 Certificate of Interested Persons approved by JPB. (bnw)

Feb. 7, 2020

Feb. 7, 2020

Clerks Notation for LOA/CIP

Feb. 7, 2020

Feb. 7, 2020

28

Certificate of Interested Persons by Lawrence Guerra. (Williams, Samuel) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

29

Certificate of Interested Persons by United States of America. (Williams, Samuel) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

Clerks Notation re 28 29 Certificates of Interested Persons. (bnw)

Feb. 11, 2020

Feb. 11, 2020

Clerks Notation for LOA/CIP

Feb. 11, 2020

Feb. 11, 2020

30

STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge J. P. Boulee on 3/18/20. (bnw) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

31

General Order 20-01 re: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (ddm) (Entered: 03/23/2020)

March 20, 2020

March 20, 2020

32

ORDER granting 18 Defendant Lawrence Guerra's Motion to Stay Discovery. Discovery in this matter is stayed until resolution of Defendant Guerra's Motion to Dismiss. Signed by Judge J. P. Boulee on 3/27/2020. (ddm) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

33

Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (aaq) (ADI) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

34

SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (adg) (ADI) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

35

THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (jap) (ADI) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

36

NOTICE of Appearance by Aaron Joshua Ross on behalf of Lawrence Guerra, United States of America (Ross, Aaron) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

37

FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (rvb) (ADI) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

38

FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (adg) (ADI) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

39

SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (aaq) (ADI) (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

40

ORDER - The Court DENIES Guerra's motion for summary judgment without prejudice and grants Martins motion for discovery. The stay on discovery entered by this Court on March 27, 2020, is hereby lifted, and discovery may proceed against all defendants as allowed under applicable law. Signed by Judge J. P. Boulee on 8/28/2020. (tcc) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

41

SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (mmc) (ADI) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

117

ANSWER to 115 COMPLAINT by Lawrence Guerra. (Originally filed in 1:19-cv-04180-JPB) (ceo) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 05/02/2022)

Sept. 11, 2020

Sept. 11, 2020

42

ANSWER to 1 COMPLAINT by Lawrence Guerra.(Ross, Aaron) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

43

Initial Disclosures by G.W., Curtrina Martin.(Lambert, Lisa) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

44

Initial Disclosures by Lawrence Guerra, United States of America.(Ross, Aaron) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

45

EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (mmc) (ADI) (Entered: 09/29/2020)

Sept. 29, 2020

Sept. 29, 2020

46

CERTIFICATE OF SERVICE Plaintiffs Requests for Production of Documents to Defendant United States of America by G.W., Curtrina Martin.(Lambert, Lisa) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

47

CERTIFICATE OF SERVICE of Defendants' First Interrogatories, First Requests for Production, and First Requests for Admission to Plaintiff by Lawrence Guerra, United States of America.(Ross, Aaron) (Entered: 11/03/2020)

Nov. 3, 2020

Nov. 3, 2020

48

NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (mmc) (ADI) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

49

Joint MOTION for Extension of Time to Complete Discovery with Brief In Support by Lawrence Guerra, United States of America. (Attachments: # 1 Ex. A: Proposed Order)(Ross, Aaron) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

ORDER: For good cause shown, the 49 Joint Motion to Extend Discovery Period is GRANTED. IT IS HEREBY ORDERED that discovery is extended through and including March 29, 2021. Dispositive motions shall be filed no later than April 28, 2021. Absent compelling circumstances, future extensions are unlikely. Signed by Judge J. P. Boulee on 12/10/20. (bnw)

Dec. 10, 2020

Dec. 10, 2020

Order on Motion for Extension of Time to Complete Discovery

Dec. 10, 2020

Dec. 10, 2020

50

CERTIFICATE OF SERVICE of Defendant United States of America's Responses to Plaintiffs' Request for Production of Documents by United States of America.(Ross, Aaron) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

51

CERTIFICATE OF SERVICE Plaintiff Martins Objections and Responses to Defendant United States First Interrogatories, Requests for Production of Documents and Requests to Admit by Curtrina Martin.(Lambert, Lisa) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

52

CERTIFICATE OF SERVICE Plaintiff Martins Objections and Amended and Supplemental Responses to Defendant United States First Interrogatories by Curtrina Martin.(Lambert, Lisa) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

53

TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (mmc) (ADI) (Entered: 01/28/2021)

Jan. 28, 2021

Jan. 28, 2021

54

Joint MOTION for Protective Order with Brief In Support by United States of America. (Attachments: # 1 Protective Order)(Ross, Aaron) (Entered: 02/12/2021)

Feb. 12, 2021

Feb. 12, 2021

55

ORDER granting the parties' 54 Joint Motion for Protective Order. Signed by Judge J. P. Boulee on 2/16/2021. (ddm) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

56

CERTIFICATE OF SERVICE for Plaintiffs' Rule 26(a)(2)(C) disclosures by G.W., Curtrina Martin.(Filipovits, Jeffrey) (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

RECAP
57

NOTICE to Take Deposition of Lawrence Guerra, FBI, Gregory Donovan, Michael Lemoine filed by G.W., Curtrina Martin (Lambert, Lisa) (Entered: 03/04/2021)

March 4, 2021

March 4, 2021

58

ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (ddm) (ADI) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

59

Unopposed MOTION for Extension of Time to Complete Discovery with Brief In Support by United States of America. (Attachments: # 1 Ex. A: Proposed Order)(Ross, Aaron) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

60

NOTICE to Take Deposition of Hilliard Toi Cliatt filed by Lawrence Guerra, United States of America (Ross, Aaron) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

61

NOTICE to Take Deposition of Curtrina Martin filed by Lawrence Guerra, United States of America (Ross, Aaron) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

62

Amended NOTICE to Take Deposition of Hilliard Toi Cliatt filed by Lawrence Guerra, United States of America (Ross, Aaron) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

63

ORDER granting in part the 59 United States of America's Unopposed Motion to Extend Discovery Period. Discovery is extended through and including April 13, 2021. No later than March 26, 2021, Defendant shall complete its rolling production of documents. Dispositive motions shall be filed no later than May 4, 2021. Future extensions are unlikely. Signed by Judge J. P. Boulee on 3/17/2021. (ddm) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

64

Amended NOTICE to Take Deposition of Lawrence Guerra, FBI, Gregory Donovan, Michael Lemoine filed by G.W., Curtrina Martin (Lambert, Lisa) (Entered: 03/23/2021)

March 23, 2021

March 23, 2021

65

Amended NOTICE to Take Deposition of Lawrence Guerra, FBI, Gregory Donovan, Michael Lemoine filed by G.W., Curtrina Martin (Lambert, Lisa) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

66

Joint MOTION to Bifurcate Discovery by G.W., Curtrina Martin. (Attachments: # 1 Text of Proposed Order)(Filipovits, Jeffrey) (Entered: 04/03/2021)

April 3, 2021

April 3, 2021

67

Amended NOTICE to Take Deposition of Michael Lemoine and FBI filed by G.W., Curtrina Martin (Lambert, Lisa) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

68

NOTICE to Take Deposition of Joshua Thompson, FBI, Douglas Dye filed by G.W., Curtrina Martin (Lambert, Lisa) (Entered: 04/06/2021)

April 6, 2021

April 6, 2021

69

ORDER GRANTING 66 Motion to Bifurcate Discovery. In the event a summary judgment motion is filed and subsequently denied, the Scheduling Order is modified as follows: Within 25 days of the denial of summary judgment, Plaintiffs shall serve their expert report. Within 40 days of the denial of summary judgment, Defendants shall take the deposition of Plaintiffs' expert, treating physicians, G.W., and Marlon Watson to the extent permitted by the Court. Within 55 days of the denial of summary judgment, Defendants shall serve its rebuttal report, if any. Within 65 days of the denial of summary judgment, Plaintiffs may take the deposition of Defendants' rebuttal expert, if any.. Signed by Judge J. P. Boulee on 4/8/2021. (tcc) (Entered: 04/08/2021)

April 8, 2021

April 8, 2021

70

NOTICE to Take Deposition of Tim Fehmel and Timothy Burke filed by G.W., Curtrina Martin (Lambert, Lisa) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

71

Amended NOTICE to Take Deposition of Tim Fehmel and Timothy Burke filed by G.W., Curtrina Martin (Lambert, Lisa) (Entered: 04/11/2021)

April 11, 2021

April 11, 2021

72

MOTION for Extension of Time to Complete Discovery by G.W., Curtrina Martin. (Attachments: # 1 Text of Proposed Order)(Lambert, Lisa) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

73

NOTICE by G.W., Curtrina Martin Consolidated/Joint Discovery Statement Of Discovery Dispute (Attachments: # 1 Exhibit A, FBI Deletion Codes, # 2 Exhibit B, Defendants Response to Request for Production No. 25, # 3 Exhibit C, Plaintiffs Request for Electronic Form)(Lambert, Lisa) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

74

RESPONSE re 72 MOTION for Extension of Time to Complete Discovery filed by Lawrence Guerra, United States of America. (Ross, Aaron) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

75

Unopposed MOTION for Extension of Time to File Summary Judgment Motions, Unopposed MOTION for Leave to File Excess Pages for Summary Judgment Briefs with Brief In Support by Lawrence Guerra, United States of America. (Attachments: # 1 Ex. A: Proposed Order)(Ross, Aaron) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

ORDER: For good cause shown, Defendants' 75 Unopposed Motion is GRANTED. IT IS HEREBY ORDERED that Defendants' deadline to file dispositive motions is extended through and including May 14, 2021. IT IS FURTHER ORDERED that Defendants are permitted to file a brief in support of their motion for summary judgment that is up to thirty-five pages in length. Signed by Judge J. P. Boulee on 4/26/21. (bnw)

April 26, 2021

April 26, 2021

Order on Motion for Extension of Time

April 26, 2021

April 26, 2021

Submission of 72 MOTION for Extension of Time to Complete Discovery, to District Judge J. P. Boulee. (ddm)

April 30, 2021

April 30, 2021

Submission to District Judge

April 30, 2021

April 30, 2021

NOTICE of TELECONFERENCE Hearing: Discovery Hearing set for 5/5/2021 at 2:00 PM before Judge J. P. Boulee. (bnw)

April 30, 2021

April 30, 2021

Notice of Hearing

April 30, 2021

April 30, 2021

76

Minute Entry for proceedings held before Judge J. P. Boulee: Discovery Hearing held on 5/5/2021. See transcript for more details. (Court Reporter Penny Coudriet)(ddm) (Entered: 05/06/2021)

May 5, 2021

May 5, 2021

ORDER: IT IS HEREBY ORDERED that Plaintiff's 72 Motion to Extend Discovery is GRANTED. Discovery is extended through and including May 28, 2021. Dispositive motions are due June 14, 2021. Signed by Judge J. P. Boulee on 5/7/21. (bnw)

May 7, 2021

May 7, 2021

Order on Motion for Extension of Time to Complete Discovery

May 7, 2021

May 7, 2021

77

NOTICE to Take Deposition of Jennifer Bazzell and William Murdock filed by G.W., Curtrina Martin (Lambert, Lisa) (Entered: 05/11/2021)

May 11, 2021

May 11, 2021

Case Details

State / Territory:

Georgia

Case Type(s):

Policing

Key Dates

Filing Date: Sept. 11, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are a mother and child who had their home mistakenly entered by Federal Bureau of Investigation officers executing a no-knock warrant.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Institute for Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States (- United States (national) -), Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Constitutional Clause(s):

Supremacy Clause

Unreasonable search and seizure

Other Dockets:

Northern District of Georgia 1:19-cv-04106

U.S. Court of Appeals for the Eleventh Circuit 23-10062

Supreme Court of the United States 24-00362

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Personal injury

Policing:

False arrest

Over/Unlawful Detention (policing)

Restraints : physical (policing)