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

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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 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

Bidwell, Anna

Attorney for Defendant

Expert/Monitor/Master/Other

Acharya, Athul Karinja

Bond, Jonathan Charles

Brown, Dara

Judge(s)

Boulee, Jean-Paul (Georgia)

Attorney for Plaintiff

Bidwell, Anna

Filipovits, Jeffrey (Georgia)

Greenamyre, Zack (Georgia)

Jaicomo, Patrick M.

Lambert, Lisa Catherine (Georgia)

McClain, Jared

Moore, Dylan

Attorney for Defendant

Coty, Darcy F. (Georgia)

Fletcher, Brian H.

Georgia, U.S. Attorney

Mendel, Gabriel Adam

Ross, Aaron Joshua (Georgia)

Williams, Samuel Harrington (Georgia)

Other

Acharya, Athul Karinja

Bond, Jonathan Charles

Brown, Dara

Gorod, Brianne Jenna

Koster, Paul Robert

Liu, Jeffrey Yuanlong

Mills, Christopher E.

Nelson, Scott Lawrence

Norman, Katherine Brady

Olson, William Jeffrey

Pipoly, Geoffrey

Rothfeld, Charles

Stanford, Matthew James

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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
24-00362	Appendix No Court	Sept. 27, 2024	Sept. 27, 2024 Pleading / Motion / Brief
24-00362	Petition for a Writ of Certiorari Martin et al. v. United States of America et al. Supreme Court of the United States	Sept. 27, 2024	Sept. 27, 2024 Pleading / Motion / Brief
24-00362	Appendix	Sept. 27, 2024	Sept. 27, 2024
24-00362	Petition	Sept. 27, 2024	Sept. 27, 2024
24-00362	Appendix	Sept. 27, 2024	Sept. 27, 2024

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Brief of Amici Curiae Members of Congress in Support of Petitioners Supreme Court of the United States Archives - Counsel for Amici Curiae	In regards to Martin v. United States of America on Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Eleventh Circuit is the Brief of Amici Curiae Members of Congress i…	October 31st, 2024	Oct. 31, 2024 https://www.supremecourt.gov/...

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Docket

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

Last updated July 20, 2026, 4:58 a.m.

Docket for: Martin v. United States of America

ECF Number	Date	Description	Link
1	Sept. 11, 2019	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)	Clearinghouse
2	Sept. 12, 2019	Summons Issued as to United States of America by U.S. Attorney. (jed) (Entered: 09/13/2019)	RECAP
3	Sept. 13, 2019	PROPOSED SUMMONS filed by G.W., Curtrina Martin (Attachments: # 1 Summons)(Lambert, Lisa) (Entered: 09/13/2019)	RECAP
4	Sept. 16, 2019	Electronic Summons Issued as to Lawrence Guerra, FBI. (ddm) (Entered: 09/16/2019)	RECAP
115	Sept. 17, 2019	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)	RECAP
5	Oct. 8, 2019	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)	RECAP
6	Oct. 8, 2019	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)	RECAP
7	Oct. 8, 2019	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)	RECAP
8	Oct. 10, 2019	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)	RECAP
9	Oct. 22, 2019	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)	RECAP
10	Oct. 22, 2019	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)	RECAP
11	Oct. 29, 2019	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)	RECAP
	Nov. 6, 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	Submission to District Judge
12	Nov. 25, 2019	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)	RECAP
13	Nov. 25, 2019	CERTIFICATE OF SERVICE of Plaintiffs' Interrogatory to Defendant USA by G.W., Curtrina Martin.(Lambert, Lisa) (Entered: 11/25/2019)	RECAP
14	Nov. 27, 2019	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)	RECAP
15	Dec. 3, 2019	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)	RECAP
16	Dec. 21, 2019	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)	RECAP
17	Dec. 21, 2019	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)	RECAP
116	Dec. 21, 2019	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)	RECAP
18	Dec. 23, 2019	MOTION for Order to Stay Discovery with Brief In Support by Lawrence Guerra. (Attachments: # 1 Brief)(Williams, Samuel) (Entered: 12/23/2019)	RECAP
19	Jan. 2, 2020	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)	RECAP
	Jan. 3, 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	Order on Motion for Extension of Time
20	Jan. 13, 2020	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)	RECAP
21	Jan. 13, 2020	RESPONSE in Opposition re 18 MOTION for Order to Stay Discovery filed by G.W., Curtrina Martin. (Lambert, Lisa) (Entered: 01/13/2020)	RECAP
22	Jan. 27, 2020	REPLY BRIEF re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lawrence Guerra. (Williams, Samuel) (Entered: 01/27/2020)	RECAP
23	Jan. 27, 2020	REPLY BRIEF re 18 MOTION for Order to Stay Discovery filed by Lawrence Guerra. (Williams, Samuel) (Entered: 01/27/2020)	RECAP
24	Jan. 28, 2020	JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by G.W., Curtrina Martin. (Lambert, Lisa) (Entered: 01/28/2020)	RECAP
25	Jan. 29, 2020	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)	RECAP
	Jan. 30, 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	Submission to District Judge
26	Feb. 3, 2020	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)	RECAP
27	Feb. 6, 2020	Certificate of Interested Persons by G.W., Curtrina Martin. (Lambert, Lisa) (Entered: 02/06/2020)	RECAP
	Feb. 7, 2020	Clerks Notation re 27 Certificate of Interested Persons approved by JPB. (bnw)
	Feb. 7, 2020	Clerks Notation for LOA/CIP
28	Feb. 10, 2020	Certificate of Interested Persons by Lawrence Guerra. (Williams, Samuel) (Entered: 02/10/2020)	RECAP
29	Feb. 10, 2020	Certificate of Interested Persons by United States of America. (Williams, Samuel) (Entered: 02/10/2020)	RECAP
	Feb. 11, 2020	Clerks Notation re 28 29 Certificates of Interested Persons. (bnw)
	Feb. 11, 2020	Clerks Notation for LOA/CIP
30	March 18, 2020	STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge J. P. Boulee on 3/18/20. (bnw) (Entered: 03/18/2020)	RECAP
31	March 20, 2020	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)	RECAP
32	March 27, 2020	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)	RECAP
33	April 2, 2020	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)	RECAP
34	May 4, 2020	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)	RECAP
35	May 27, 2020	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)	RECAP
36	June 10, 2020	NOTICE of Appearance by Aaron Joshua Ross on behalf of Lawrence Guerra, United States of America (Ross, Aaron) (Entered: 06/10/2020)	RECAP
37	July 2, 2020	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)	RECAP
38	July 13, 2020	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)	RECAP
39	Aug. 4, 2020	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)	RECAP
40	Aug. 28, 2020	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)	RECAP
41	Sept. 2, 2020	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)	RECAP
42	Sept. 11, 2020	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)	RECAP
117	Sept. 11, 2020	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)	RECAP
43	Sept. 24, 2020	Initial Disclosures by G.W., Curtrina Martin.(Lambert, Lisa) (Entered: 09/24/2020)	RECAP
44	Sept. 24, 2020	Initial Disclosures by Lawrence Guerra, United States of America.(Ross, Aaron) (Entered: 09/24/2020)	RECAP
45	Sept. 29, 2020	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)	RECAP
46	Oct. 30, 2020	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)	RECAP
47	Nov. 3, 2020	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)	RECAP
48	Dec. 9, 2020	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)	RECAP
49	Dec. 9, 2020	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)	RECAP
	Dec. 10, 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	Order on Motion for Extension of Time to Complete Discovery
50	Dec. 21, 2020	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)	RECAP
51	Dec. 28, 2020	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)	RECAP
52	Jan. 11, 2021	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)	RECAP
53	Jan. 28, 2021	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)	RECAP
54	Feb. 12, 2021	Joint MOTION for Protective Order with Brief In Support by United States of America. (Attachments: # 1 Protective Order)(Ross, Aaron) (Entered: 02/12/2021)	RECAP
55	Feb. 16, 2021	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)	RECAP
56	Feb. 18, 2021	CERTIFICATE OF SERVICE for Plaintiffs' Rule 26(a)(2)(C) disclosures by G.W., Curtrina Martin.(Filipovits, Jeffrey) (Entered: 02/18/2021)	RECAP
57	March 4, 2021	NOTICE to Take Deposition of Lawrence Guerra, FBI, Gregory Donovan, Michael Lemoine filed by G.W., Curtrina Martin (Lambert, Lisa) (Entered: 03/04/2021)	RECAP
58	March 10, 2021	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)	RECAP
59	March 11, 2021	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)	RECAP
60	March 11, 2021	NOTICE to Take Deposition of Hilliard Toi Cliatt filed by Lawrence Guerra, United States of America (Ross, Aaron) (Entered: 03/11/2021)	RECAP
61	March 11, 2021	NOTICE to Take Deposition of Curtrina Martin filed by Lawrence Guerra, United States of America (Ross, Aaron) (Entered: 03/11/2021)	RECAP
62	March 11, 2021	Amended NOTICE to Take Deposition of Hilliard Toi Cliatt filed by Lawrence Guerra, United States of America (Ross, Aaron) (Entered: 03/11/2021)	RECAP
63	March 17, 2021	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)	RECAP
64	March 23, 2021	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)	RECAP
65	March 29, 2021	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)	RECAP
66	April 3, 2021	Joint MOTION to Bifurcate Discovery by G.W., Curtrina Martin. (Attachments: # 1 Text of Proposed Order)(Filipovits, Jeffrey) (Entered: 04/03/2021)	RECAP
67	April 5, 2021	Amended NOTICE to Take Deposition of Michael Lemoine and FBI filed by G.W., Curtrina Martin (Lambert, Lisa) (Entered: 04/05/2021)	RECAP
68	April 6, 2021	NOTICE to Take Deposition of Joshua Thompson, FBI, Douglas Dye filed by G.W., Curtrina Martin (Lambert, Lisa) (Entered: 04/06/2021)	RECAP
69	April 8, 2021	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)	RECAP
70	April 9, 2021	NOTICE to Take Deposition of Tim Fehmel and Timothy Burke filed by G.W., Curtrina Martin (Lambert, Lisa) (Entered: 04/09/2021)	RECAP
71	April 11, 2021	Amended NOTICE to Take Deposition of Tim Fehmel and Timothy Burke filed by G.W., Curtrina Martin (Lambert, Lisa) (Entered: 04/11/2021)	RECAP
72	April 13, 2021	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)	RECAP
73	April 13, 2021	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)	RECAP
74	April 14, 2021	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)	RECAP
75	April 23, 2021	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)	RECAP
	April 26, 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	Order on Motion for Extension of Time
	April 30, 2021	Submission of 72 MOTION for Extension of Time to Complete Discovery, to District Judge J. P. Boulee. (ddm)
	April 30, 2021	Submission to District Judge
	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	Notice of Hearing
76	May 5, 2021	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)	RECAP
	May 7, 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	Order on Motion for Extension of Time to Complete Discovery
77	May 11, 2021	NOTICE to Take Deposition of Jennifer Bazzell and William Murdock filed by G.W., Curtrina Martin (Lambert, Lisa) (Entered: 05/11/2021)	RECAP

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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

Federal

United States

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 24-362

Supreme Court of the United States 24A74

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)

Recommended Citation

Case Summary of Martin v. United States of America, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46117/ (last updated 2/21/2025).