Case: Cliatt v. United States

1:19-cv-04180 | U.S. District Court for the Northern District of Georgia

Filed Date: Sept. 17, 2019

Clearinghouse coding in progress

Case Summary

This case is a Federal Tort Claims Act (FTCA) and Bivens action that challenges an allegedly mistaken, predawn FBI no-knock raid on a private residence in Atlanta, Georgia.  On September 17, 2019, an individual filed this lawsuit in the U.S. District Court for the Northern District of Georgia against the United States, a Special Agent for the FBI, and six anonymous FBI agents. The complaint alleged that the defendants entered the plaintiff's home at night with a battering ram, set off flash ban…

This case is a Federal Tort Claims Act (FTCA) and Bivens action that challenges an allegedly mistaken, predawn FBI no-knock raid on a private residence in Atlanta, Georgia. 


On September 17, 2019, an individual filed this lawsuit in the U.S. District Court for the Northern District of Georgia against the United States, a Special Agent for the FBI, and six anonymous FBI agents. The complaint alleged that the defendants entered the plaintiff's home at night with a battering ram, set off flash bang grenades inside the home, and held the plaintiff and his family at gunpoint for approximately an hour. The complaint further alleged that the officers were at the wrong home. The plaintiff sought compensatory and punitive damages as well as attorneys' fees and costs. The complaint alleged false arrest/false imprisonment, assault and battery, trespass, intentional/negligent infliction of emotional distress, and negligence under Georgia law against the United States, and a Bivens Fourth Amendment claim against the individual agent. Represented by private counsel, the plaintiff sought compensatory and punitive damages and other appropriate relief. The case was assigned to District Judge J.P. Boulee.


Early motions practice included limited early discovery to identify unknown agents and a stay of merits discovery pending dispositive briefing. On August 28, 2020, Judge Boulee denied Defendant’s motion for summary judgment without prejudice and lifted the stay because no discovery had occurred, the existing record consisted primarily of one affidavit, and Rule 56(d) entitled the plaintiff to obtain discovery before the court resolved qualified-immunity and other summary-judgment issues. In March 2021, the court entered a joint protective order governing discovery. After fact discovery, the court held an argument on summary judgment and, on May 2, 2022, consolidated this matter with the earlier-filed Martin v. United States, No. 1:19-cv-4106 (N.D. Ga.), administratively closing this docket and directing all further filings to Martin because both cases arose from the same wrong-address FBI raid and involved the same defendants, facts, and legal issues. On September 23, 2022, the court granted defendants’ motion as to Counts III–VI because the FTCA’s discretionary-function exception barred the Georgia-law tort claims and because the individual agent was entitled to qualified immunity on the Bivens claim; the court denied the motion as to Counts I–II because the FTCA’s law-enforcement proviso permits false-imprisonment and assault/battery claims to proceed and factual disputes precluded summary judgment on those counts. (See consolidated docket in Martin for subsequent proceedings.)

Summary Authors

Kerry Holihan (11/30/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18245184/parties/cliatt-v-united-states-of-america/


Judge(s)

Boulee, Jean-Paul (Georgia)

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Documents in the Clearinghouse

Document
1

1:19-cv-04180

Complaint

Sept. 17, 2019

Sept. 17, 2019

Complaint
36

1:19-cv-04180

[Untitled]

Aug. 28, 2020

Aug. 28, 2020

103

1:19-cv-04180

Order

Sept. 23, 2022

Sept. 23, 2022

Order/Opinion

631 F.Supp.3d 1281

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18245184/cliatt-v-united-states-of-america/

Last updated Nov. 1, 2025, 2:13 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand filed by Hilliard Toi Cliatt. (Filing fee $400, receipt number AGANDC- 8940199) (Attachments: # 1 Civil Cover Sheet) (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: 09/18/2019)

Sept. 17, 2019

Sept. 17, 2019

Clearinghouse
2

Summons Issued as to United States of America and Lawrence Guerra by U.S. Attorney. (Attachments: # 1 Summons) (jed) (Entered: 09/18/2019)

Sept. 17, 2019

Sept. 17, 2019

3

STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge J. P. Boulee on 9/18/19. (bnw) (Entered: 09/18/2019)

Sept. 18, 2019

Sept. 18, 2019

4

Ex Parte MOTION for Discovery with Brief In Support by Hilliard Toi Cliatt. (Attachments: # 1 Text of Proposed Order)(Greenamyre, Zack) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

5

Ex Parte MOTION for Service on unknown agents and for notification of pendency of action with Brief In Support by Hilliard Toi Cliatt. (Attachments: # 1 Text of Proposed Order)(Greenamyre, Zack) (Entered: 10/08/2019)

Oct. 8, 2019

Oct. 8, 2019

6

RESPONSE re 4 Ex Parte MOTION for Discovery filed by United States of America. (Williams, Samuel) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

7

RESPONSE re 5 Ex Parte MOTION for Service on unknown agents and for notification of pendency of action filed by United States of America. (Williams, Samuel) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

Submission of 4 Ex Parte MOTION for Discovery, 5 Ex Parte MOTION for Service on unknown agents and for notification of pendency of action, to District Judge J. P. Boulee. (ddm)

Nov. 6, 2019

Nov. 6, 2019

8

Request for Leave of Absence for the following date(s): February 3-7, 2020; March 25-April 1, 2020; August 37, 2020, by Zack Greenamyre. (Greenamyre, Zack) (Entered: 11/11/2019)

Nov. 11, 2019

Nov. 11, 2019

10

CERTIFICATE OF SERVICE of Plaintiff's First Interrogatory to Defendant United States of America by Hilliard Toi Cliatt.(Greenamyre, Zack) (Entered: 11/25/2019)

Nov. 25, 2019

Nov. 25, 2019

9

ORDER denying Plaintiff's Motion for Order of Service of the Complaint on Unknown Agents [Doc. 5] and granting in part and denying in part Plaintiff's Ex Parte Motion for Limited, Expedited Early Discovery to Identify Unknown Agents [Doc. 4]. Plaintiff shall be permitted limited written discovery for the sole purpose of identifying the John Doe defendants. Specifically, Plaintiff 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

11

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

12

ORDER granting 11 Defendant's 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

13

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

14

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

Dec. 21, 2019

Dec. 21, 2019

15

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

16

Unopposed MOTION for Extension of Time Respond to Defendant Guerra's Motions to Dismiss and to Stay with Brief In Support by Hilliard Toi Cliatt. (Attachments: # 1 Text of Proposed Order)(Greenamyre, Zack) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

ORDER: The 16 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

17

RESPONSE in Opposition re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Hilliard Toi Cliatt. (Attachments: # 1 Rule 56(d) Declaration of Counsel)(Greenamyre, Zack) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

18

RESPONSE in Opposition re 15 MOTION for Order to Stay Discovery filed by Hilliard Toi Cliatt. (Greenamyre, Zack) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

19

REPLY BRIEF re 14 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

20

REPLY BRIEF re 15 MOTION for Order to Stay Discovery filed by Lawrence Guerra. (Williams, Samuel) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

21

JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Hilliard Toi Cliatt. (Greenamyre, Zack) (Entered: 01/28/2020)

Jan. 28, 2020

Jan. 28, 2020

22

SCHEDULING ORDER regarding the parties' 21 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 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 15 MOTION for Order to Stay Discovery, to District Judge J. P. Boulee. (ddm)

Jan. 30, 2020

Jan. 30, 2020

23

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

24

Certificate of Interested Persons by Hilliard Toi Cliatt. (Greenamyre, Zack) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

25

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

Feb. 10, 2020

Feb. 10, 2020

26

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

Feb. 10, 2020

Feb. 10, 2020

Clerks Notation re 24 Certificate of Interested Persons approved by JPB. (bnw)

Feb. 10, 2020

Feb. 10, 2020

Clerks Notation re 25 26 Certificates of Interested Persons. (bnw)

Feb. 11, 2020

Feb. 11, 2020

27

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

28

ORDER granting 15 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 3/27/20202. (ddm) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

29

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

30

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

31

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

32

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

33

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

34

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

35

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

36

ORDER - The Court DENIES Guerra's motion for summary judgment without prejudice and grants Cliatt's 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

Clearinghouse
37

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

38

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

39

CERTIFICATE OF SERVICE of Plaintiff's initial disclosures by Hilliard Toi Cliatt.(Greenamyre, Zack) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

40

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

Sept. 24, 2020

Sept. 24, 2020

41

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

42

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: 11/06/2020)

Nov. 6, 2020

Nov. 6, 2020

43

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

44

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 44 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

45

CERTIFICATE OF SERVICE by Hilliard Toi Cliatt.(Greenamyre, Zack) (Entered: 12/30/2020)

Dec. 30, 2020

Dec. 30, 2020

46

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

47

Joint MOTION for Protective Order with Brief In Support by United States of America. (Attachments: # 1 Protective Order)(Ross, Aaron) (Entered: 03/01/2021)

March 1, 2021

March 1, 2021

48

ORDER granting the parties' 47 Joint Motion for Protective Order. Signed by Judge J. P. Boulee on 3/2/2021. (ddm) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

49

NOTICE to Take Deposition of Defendant Guerra, FBI, Donovan, and Lemoine filed by Hilliard Toi Cliatt (Greenamyre, Zack) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

50

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

51

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

52

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

53

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

54

ORDER granting in part the 51 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

55

Amended NOTICE to Take Deposition of Guerra and others filed by Hilliard Toi Cliatt (Greenamyre, Zack) (Entered: 03/31/2021)

March 31, 2021

March 31, 2021

56

Joint MOTION to Bifurcate discovery as to damages by Hilliard Toi Cliatt. (Attachments: # 1 Text of Proposed Order)(Greenamyre, Zack) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

ORDER: For good cause shown, the 56 Joint Motion for Amended Scheduling Order is GRANTED. IT IS HEREBY ORDERED that within forty days of the denial of summary judgment, the parties shall take the depositions of Plaintiff's medical providers. Signed by Judge J. P. Boulee on 4/2/21. (bnw)

April 2, 2021

April 2, 2021

57

MOTION for Extension of Time to Complete Discovery by Hilliard Toi Cliatt. (Attachments: # 1 Text of Proposed Order)(Greenamyre, Zack) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

58

NOTICE by Hilliard Toi Cliatt CONSOLIDATED/JOINT DISCOVERY STATEMENT OF DISCOVERY DISPUTE (Greenamyre, Zack) (Entered: 04/13/2021)

April 13, 2021

April 13, 2021

59

RESPONSE re 57 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

60

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' 60 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

Submission of 57 MOTION for Extension of Time to Complete Discovery, to District Judge J. P. Boulee. (ddm)

April 30, 2021

April 30, 2021

NOTICE of TELECONFERENCE Hearing: Discovery Hearing set for 5/5/2021 at 02:00 PM before Judge J. P. Boulee. (bnw)

April 30, 2021

April 30, 2021

61

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 57 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

62

NOTICE to Take Deposition of Bazzell and Murdock filed by Hilliard Toi Cliatt (Greenamyre, Zack) (Entered: 05/11/2021)

May 11, 2021

May 11, 2021

63

MOTION for Order approving leave of absence by Hilliard Toi Cliatt. (Attachments: # 1 Text of Proposed Order)(Greenamyre, Zack) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

ORDER: IT IS HEREBY ORDERED that Zack Greenamyre, counsel for Plaintiff, is hereby granted a leave of absence for the periods from August 9 through September 20, 2021. Signed by Judge J. P. Boulee on 5/13/21. (bnw)

May 13, 2021

May 13, 2021

64

Request for Leave of Absence for the following date(s): June 14-18, 2021, November 11-12, 2021, November 15, 2021, by Aaron Joshua Ross. (Ross, Aaron) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

65

NOTICE by Hilliard Toi Cliatt Second Consolidated/Joint Discovery Statement of Discovery Dispute (Greenamyre, Zack) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

NOTICE OF VIDEO PROCEEDING : Discovery Hearing set for 7/7/2021 at 02:00 PM before Judge J. P. Boulee. Connection Instructions: Join ZoomGov Meeting https://ganduscourts.zoomgov.com/j/1605284642 Meeting ID: 160 528 4642 Passcode: 343482 One tap mobile +16692545252 You must follow the instructions of the Court for remote proceedings available here. The procedure for filing documentary exhibits admitted during the proceeding is available here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (bnw)

June 4, 2021

June 4, 2021

NOTICE OF CANCELLATION of Hearing re: NOTICE OF VIDEO PROCEEDING : Discovery Hearing set for 7/7/2021 at 02:00 PM before Judge J. P. Boulee. Connection Instructions: Join ZoomGov Meeting https://ganduscourts.zoomgov.com/j/1605284642 Meeting ID: 160 528 4642 Passcode: 343482 One tap mobile +16692545252 You must follow the instructions of the Court for remote proceedings available here. The procedure for filing documentary exhibits admitted during the proceeding is available here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (bnw) (bnw)

June 16, 2021

June 16, 2021

NOTICE OF VIDEO PROCEEDING : Discovery Hearing set for 7/14/2021 at 10:00 AM before Judge J. P. Boulee. Connection Instructions: Join ZoomGov Meeting https://ganduscourts.zoomgov.com/j/1605284642 Meeting ID: 160 528 4642 Passcode: 343482 One tap mobile +16692545252 You must follow the instructions of the Court for remote proceedings available here. The procedure for filing documentary exhibits admitted during the proceeding is available here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (bnw)

June 16, 2021

June 16, 2021

NOTICE OF CANCELLATION of Hearing re: NOTICE OF VIDEO PROCEEDING : Discovery Hearing set for 7/14/2021 at 10:00 AM before Judge J. P. Boulee. Connection Instructions: Join ZoomGov Meeting https://ganduscourts.zoomgov.com/j/1605284642 Meeting ID: 160 528 4642 Passcode: 343482 One tap mobile +16692545252 You must follow the instructions of the Court for remote proceedings available here. The procedure for filing documentary exhibits admitted during the proceeding is available here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (bnw) (bnw)

June 21, 2021

June 21, 2021

NOTICE OF VIDEO PROCEEDING : Discovery Hearing set for 7/13/2021 at 03:00 PM before Judge J. P. Boulee. Connection Instructions: Join ZoomGov Meeting https://ganduscourts.zoomgov.com/j/1605284642 Meeting ID: 160 528 4642 Passcode: 343482 One tap mobile +16692545252 You must follow the instructions of the Court for remote proceedings available here. The procedure for filing documentary exhibits admitted during the proceeding is available here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (bnw)

June 21, 2021

June 21, 2021

66

Minute Entry for proceedings held before Judge J. P. Boulee: Discovery Hearing held on 7/13/2021. The Court directed the followingdeadlines: Motion for Summary Judgment due 8/27/21; Response due 9/10/21;Reply due 9/21/21. Hearing Concluded. (Court Reporter Lori Burgess)(adg) (Entered: 07/14/2021)

July 13, 2021

July 13, 2021

67

NOTICE to Take Deposition of Guerra filed by Hilliard Toi Cliatt (Greenamyre, Zack) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

68

Amended NOTICE to Take Deposition of Lawrence Guerra filed by Hilliard Toi Cliatt (Greenamyre, Zack) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

69

MOTION for Summary Judgment with Brief In Support by Lawrence Guerra, United States of America. (Attachments: # 1 Memorandum of Law in Support, # 2 Ex. A - Cliatt Deposition Excerpts, # 3 Ex. B - Martin Deposition Excerpts, # 4 Ex. C - Guerra Deposition I Excerpts, # 5 Ex. D - Thompson Deposition Excerpts, # 6 Ex. E - Crum Declaration, # 7 Ex. F - Bazzell Deposition Excerpts, # 8 Ex. G - Guerra Deposition II Excerpts, # 9 Ex. H - Lemoine Deposition Excerpts, # 10 Ex. I - Donovan Deposition Excerpts, # 11 Ex. J - Martin RFA Responses, # 12 Ex. K - Burke Deposition Excerpts, # 13 Ex. L - Dye Deposition Excerpts, # 14 Ex. M - Fehmel Deposition Excerpts, # 15 Ex. N - McGee Declaration, # 16 Ex. O - Pettry Deposition Excerpts, # 17 Statement of Undisputed Material Facts)(Ross, Aaron) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

70

NOTICE Of Filing Exhibit 1 to McGee Declaration by Lawrence Guerra, United States of America (Ross, Aaron) Modified on 9/3/2021. One (1) DVD received, scanned by JM in systems, and placed in file. (tcc) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

71

SEALED DEPOSITION of Hilliard Toi Cliatt taken on March 22, 2021 by Lawrence Guerra, United States of America.(Ross, Aaron) Modified to reflect sealed on 8/30/2021 (ceo). (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

72

SEALED DEPOSITION of Curtrina Martin taken on March 24, 2021 by Lawrence Guerra, United States of America.(Ross, Aaron) Modified to reflect sealed on 8/30/2021 (ceo). (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

73

SEALED DEPOSITION of Lawrence Guerra taken on March 31, 2021 by Lawrence Guerra, United States of America.(Ross, Aaron) Modified to reflect sealed on 8/30/2021 (ceo). (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

74

SEALED DEPOSITION of Joshua Thompson taken on April 8, 2021 by Lawrence Guerra, United States of America.(Ross, Aaron) Modified to reflect sealed on 8/30/2021 (ceo). (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

75

SEALED DEPOSITION of Jennifer Bazzell taken on May 17, 2021 by Lawrence Guerra, United States of America.(Ross, Aaron) Modified to reflect sealed on 8/30/2021 (ceo). (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

76

SEALED DEPOSITION of Lawrence Guerra taken on August 4, 2021 by Lawrence Guerra, United States of America.(Ross, Aaron) Modified to reflect sealed on 8/30/2021 (ceo). (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

77

SEALED DEPOSITION of Michael Lemoine taken on April 6, 2021 by Lawrence Guerra, United States of America.(Ross, Aaron) Modified to reflect sealed on 8/30/2021 (ceo). (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

78

SEALED DEPOSITION of Gregory Donovan taken on April 5, 2021 by Lawrence Guerra, United States of America.(Ross, Aaron) Modified to reflect sealed on 8/30/2021 (ceo). (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

79

SEALED DEPOSITION of Timothy Burke taken on April 13, 2021 by Lawrence Guerra, United States of America.(Ross, Aaron) Modified to reflect sealed on 8/30/2021 (ceo). (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

80

SEALED DEPOSITION of Douglas Dye taken on April 9, 2021 by Lawrence Guerra, United States of America.(Ross, Aaron) Modified to reflect sealed on 8/30/2021 (ceo). (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

81

SEALED DEPOSITION of Tim Fehmel taken on April 13, 2021 by Lawrence Guerra, United States of America.(Ross, Aaron) Modified to reflect sealed on 8/30/2021 (ceo). (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

82

SEALED DEPOSITION of Michael Pettry taken on April 7, 2021 by Lawrence Guerra, United States of America.(Ross, Aaron) Modified to reflect sealed on 8/30/2021 (ceo). (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

83

Unopposed MOTION for Leave to File Matters Under Seal re: 71 Deposition, 72 Deposition, 82 Deposition, 81 Deposition, 80 Deposition, 79 Deposition, 74 Deposition, 73 Deposition, 76 Deposition, 77 Deposition, 75 Deposition, 78 Deposition with Brief In Support by Lawrence Guerra, United States of America. (Attachments: # 1 Memorandum of Law in Support, # 2 Ex. A: Proposed Order)(Ross, Aaron) (Entered: 08/27/2021)

Aug. 27, 2021

Aug. 27, 2021

Case Details

State / Territory:

Georgia

Case Type(s):

Policing

Key Dates

Filing Date: Sept. 17, 2019

Case Ongoing: No

Plaintiffs

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

State law

Constitutional Clause(s):

Unreasonable search and seizure

Other Dockets:

Northern District of Georgia 1:19-cv-04180

Outcome

Relief Granted:

Attorneys fees

Damages

Source of Relief:

Litigation

Issues

Policing:

Excessive force

False arrest

Over/Unlawful Detention (policing)

Restraints : physical (policing)