Case: John Doe & J. Roe v. Evans

1:88-cv-01752 | U.S. District Court for the Northern District of Georgia

Filed Date: Aug. 15, 1988

Clearinghouse coding complete

Case Summary

On August 15, 1988, John Doe, James Roe, and the executor of John Doe's will filed a lawsuit under 42 U.S.C. § 1983 in the United States District Court for the Northern District of Georgia against the state of Georgia. Plaintiffs were represented by the Federal Defender Program and private attorneys and were seeking a preliminary injunction. Defendants responded seeking consolidation with another case, Parker v. Evans. (PC-GA-010). The court (Judge Marvin H. Shoob) denied the motion to consolidate. On March 31, 1992, Judge Shoob granted plaintiffs' request for injunctive relief and denied plaintiffs' claims of slander and breach of confidentiality. Judge Shoob ordered the case unsealed on August 11, 1993.

The only information available for this case is the PACER docket so the facts of the case are not available.

Summary Authors

Angela Heverling (4/10/2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9639530/parties/doe-v-evans/


Judge(s)
Attorney for Plaintiff

Jones, Frank Cater (Georgia)

Parker, Stephanie Ethel (Georgia)

Attorney for Defendant

Hill, William Bradley Jr. (Georgia)

Hobbs, Michael E. (Georgia)

Long, Terry L. (Georgia)

Documents in the Clearinghouse

Documents in this case

1:88-cv-01752

Docket (PACER)

Doe v. Evans

Aug. 11, 1993

Aug. 11, 1993

Docket

1:88-cv-01752

Second Amended Complaint

Aug. 18, 1989

Aug. 18, 1989

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9639530/doe-v-evans/

Last updated Oct. 6, 2026, 11:19 p.m.

Docket for: Doe v. Evans
ECF Number Date Description Link
24 Aug. 29, 1989

RESPONSE by defendants to motion for preliminary injunction [23-1], and motion for consolidation of trial on merits with preliminary hearing by James Roe, John Doe [23-2] (km) (Entered: 08/30/1989)

RECAP
Aug. 30, 1989

SUBMITTED to Judge Marvin H. Shoob on motion for preliminary injunction [23-1], and for consolidation of trial on merits with preliminary hearing by James Roe, John Doe [23-2] (km)

25 Aug. 31, 1989

CONSENT ORDER extending discovery to 11/4/89 ; Discovery ends 11/6/89 by Judge Marvin H. Shoob. cc (km) (Entered: 09/06/1989)

RECAP
26 Sept. 11, 1989

MOTION by defendant Charles E. Burden, defendant J. Paul Ford, defendant Joe Frank Harris, defendant David C. Evans to consolidate case with 1:89-cv-1604 with brief in support. (km) (Entered: 09/13/1989)

RECAP
Sept. 12, 1989

SUBMITTED to Judge Marvin H. Shoob on motion to amend in forma pauperis complaint [1-0] by James Roe, John Doe (km) (Entered: 09/12/1989)

PACER
Sept. 12, 1989

SUBMITTED to Judge Marvin H. Shoob on motion to amend in forma pauperis complaint [1-0] by James Roe, John Doe (km)

27 Sept. 25, 1989

BRIEF by John Doe, James Roe in opposition to motion to consolidate case with 1:89-cv-1604 by David C. Evans, Joe Frank Harris, J. Paul Ford, Charles E. Burden [26-1]. (km) (Entered: 09/26/1989)

RECAP
Sept. 26, 1989

SUBMITTED to Judge Marvin H. Shoob on motion to consolidate case with 1:89-cv-1604 by David C. Evans, Joe Frank Harris, J. Paul Ford, Charles E. Burden [26-1] (km) (Entered: 09/26/1989)

PACER
Sept. 26, 1989

SUBMITTED to Judge Marvin H. Shoob on motion to consolidate case with 1:89-cv-1604 by David C. Evans, Joe Frank Harris, J. Paul Ford, Charles E. Burden [26-1] (km)

28 Sept. 28, 1989

Certificate of interested persons. (to judge) (km) (Entered: 09/29/1989)

RECAP
29 Sept. 28, 1989

Settlement certificate. (to judge) (km) (Entered: 09/29/1989)

RECAP
30 Oct. 6, 1989

MOTION by defendant Charles E. Burden, defendant J. Paul Ford, defendant Joe Frank Harris, defendant David C. Evans to take deposition of prison inmates . (MHS) (km) (Entered: 10/11/1989)

RECAP
31 Oct. 12, 1989

ORDER by Judge Marvin H. Shoob DIRECTING clk that all documents filed after 3/2/89 are available for viewing in chambers upon appointment made with the court. All other pleadings (ie. prior to 3/2/89) are to remain under seal. cc (km) (Entered: 10/13/1989)

RECAP
Oct. 12, 1989

Proposed consent order extending discovery period. (MHS for approval) (km) (Entered: 10/13/1989)

PACER
Oct. 12, 1989

Proposed consent order extending discovery period. (MHS for approval) (km)

32 Oct. 17, 1989

ORDER GRANTING motion to take deposition of prison inmates by David C. Evans, Joe Frank Harris, J. Paul Ford, Charles E. Burden [30-1] by Judge Marvin H. Shoob. cc (km) (Entered: 10/18/1989)

RECAP
33 Oct. 18, 1989

RESPONSE by plaintiff John Doe, plaintiff James Roe to dfts' motion for depositions. (MHS) (km) Modified on 10/19/1989 (Entered: 10/19/1989)

RECAP
34 Oct. 20, 1989

CONSENT ORDER extending discovery for 60 days or through the 1st day of hearing, whichever comes first by Judge Marvin H. Shoob. cc (km) (Entered: 10/23/1989)

RECAP
35 Jan. 5, 1990

ORDER GRANTING motion to amend in forma pauperis complaint [1-0] by John Doe, James Roe [22-1] by Judge Marvin H. Shoob. cc (file retained) (km) (Entered: 01/09/1990)

RECAP
36 Jan. 31, 1990

SECOND AMENDED COMPLAINT [1-0] by John Doe, James Roe adding Wayne Snow Jr., Bettye O. Hutchings, James T. Morris, Mobley Howell. (dkt'd from dup, orig not rec'd) (km) Modified on 02/01/1990 (Entered: 02/01/1990)

RECAP
Feb. 5, 1990

Summons issued as to Mobley Howell, Wayne Snow, Jr., Bettye O. Hutchings, and James T. Morris and returned to atty for service. (km) (Entered: 02/07/1990)

PACER
Feb. 5, 1990

Summons issued as to Mobley Howell, Wayne Snow, Jr., Bettye O. Hutchings, and James T. Morris and returned to atty for service. (km)

37 Feb. 14, 1990

ANSWER to second amended complaint [36-1] by Charles E. Burden, J. Paul Ford, Joe Frank Harris, David C. Evans, Wayne Snow Bettye O. Hutchings, James T. Morris, Mobley Howell; jury demand. (km) (Entered: 02/15/1990)

RECAP
38 Feb. 15, 1990

Acknowledgment of service by Wayne Snow Jr., Bettye O. Hutchings, James T. Morris, Mobley Howell, executed 2/8/90 (km) (Entered: 02/20/1990)

RECAP
39 March 14, 1990

ORDER DENYING motion to consolidate case with 1:89-cv-1604 by David C. Evans, Joe Frank Harris, J. Paul Ford, Charles E. Burden [26-1], denying as moot the motion for preliminary injunction [23-1] by James Roe, John Doe, denying as moot the motion for consolidation of trial on merits with preliminary hearing [23-2] by James Roe, John Doe by Judge Marvin H. Shoob. cc (km) (Entered: 03/15/1990)

RECAP
40 March 21, 1990

REQUEST with attachments by James Roe, John Doe for expedited hearing on plas' motion for preliminary injunction. (km) (Entered: 03/22/1990)

RECAP
41 March 21, 1990

Notice of filing depos by plaintiff James Roe, plaintiff John Doe in support of their motion for preliminary injunction. (km) (Entered: 03/22/1990)

RECAP
42 March 21, 1990

STATEMENT of material facts in support of request for expedited ruling on motion for preliminary injunction by James Roe, John Doe [23-1] by plaintiff James Roe, plaintiff John Doe (km) (Entered: 03/22/1990)

RECAP
March 21, 1990

Deposition of J. PAUL FORD taken for plaintiff James Roe, plaintiff John Doe (km) (Entered: 03/22/1990)

PACER
March 21, 1990

Deposition of CHARLES E. BURDEN taken for plaintiff James Roe, plaintiff John Doe (km) (Entered: 03/22/1990)

PACER
March 21, 1990

Deposition of LANSON NEWSOME taken for plaintiff James Roe, plaintiff John Doe (km) (Entered: 03/22/1990)

PACER
March 21, 1990

Deposition of MICHAEL SPRADLIN taken for plaintiff James Roe, plaintiff John Doe (km) (Entered: 03/22/1990)

PACER
March 21, 1990

Deposition of MADELEINE LAMARRE taken for plaintiff James Roe, plaintiff John Doe (km) (Entered: 03/22/1990)

PACER
March 21, 1990

Deposition of DAVID C. EVANS taken for plaintiff James Roe, plaintiff John Doe (km) (Entered: 03/22/1990)

PACER
March 21, 1990

Deposition of J. PAUL FORD taken for plaintiff James Roe, plaintiff John Doe (km)

March 21, 1990

Deposition of CHARLES E. BURDEN taken for plaintiff James Roe, plaintiff John Doe (km)

March 21, 1990

Deposition of LANSON NEWSOME taken for plaintiff James Roe, plaintiff John Doe (km)

March 21, 1990

Deposition of MICHAEL SPRADLIN taken for plaintiff James Roe, plaintiff John Doe (km)

March 21, 1990

Deposition of MADELEINE LAMARRE taken for plaintiff James Roe, plaintiff John Doe (km)

March 21, 1990

Deposition of DAVID C. EVANS taken for plaintiff James Roe, plaintiff John Doe (km)

March 21, 1990

Deposition of DAVID C. EVANS, 10/26/90 taken for plaintiff James Roe, plaintiff John Doe (km)

43 March 27, 1990

ORDER VACATING order denying as moot the motion to consolidate case with 1:89-cv-1604 [26-1] for the purpose of clarification; DEFERRING ruling on motion for preliminary injunction by James Roe, John Doe [23-1] until submission of briefs by all ptys by Judge Marvin H. Shoob. cc (km) (Entered: 03/29/1990)

RECAP
44 March 29, 1990

MOTION by defendants to extend time to respond to plas' motion for preliminary injunction with consent of plas. (MHS for approval) (km) (Entered: 03/30/1990)

RECAP
45 March 30, 1990

CONSENT ORDER GRANTING motion to extend time to respond to plas' motion for preliminary injunction by defendant [44-1] through 4/12/90 by Judge Marvin H. Shoob. c/dft (adl) (Entered: 04/03/1990)

RECAP
46 April 5, 1990

ORDER GRANTING motion to extend time to respond to plas' motion for preliminary injunction by defendant [44-1] for 10 days by Judge Marvin H. Shoob. cc (km) (Entered: 04/10/1990)

RECAP
47 April 12, 1990

MOTION by defendants for summary judgment with brief, statement of facts and attachments in support and RESPONSE to pla's motion for preliminary injunction. (km) (Entered: 04/13/1990)

RECAP
April 12, 1990

Deposition of COMMISSIONER DAVID C. EVANS. taken for defendants (km) (Entered: 04/13/1990)

PACER
April 12, 1990

Deposition of JOHN DOE and JAMES ROE taken for defendants (km) (Entered: 04/13/1990)

PACER
April 12, 1990

Deposition of COMMISSIONER DAVID C. EVANS. taken for defendants (km)

April 12, 1990

Deposition of JOHN DOE and JAMES ROE taken for defendants (km)

48 April 19, 1990

CONSENT ORDER extending time for plas to respond to dfts' 2nd interrogs to 20 days after ruling on plas' motion for prel inj or dfts' motion for summary judgment by Judge Marvin H. Shoob. cc (km) (Entered: 04/23/1990)

RECAP
April 23, 1990

SUBMITTED to Judge Marvin H. Shoob on motion for preliminary injunction by James Roe, John Doe [23-1] (km) (Entered: 04/23/1990)

PACER
April 23, 1990

SUBMITTED to Judge Marvin H. Shoob on motion for preliminary injunction by James Roe, John Doe [23-1] (km)

May 7, 1990

SUBMITTED to Judge Marvin H. Shoob on motion for summary judgment by defendant [47-1] (km) (Entered: 05/07/1990)

PACER
May 7, 1990

Proposed consent order extending time to respond to motion for summary judgment by defendant [47-1] through 6/7/90. (MHS for approval) (km) (Entered: 05/08/1990)

PACER
May 7, 1990

SUBMITTED to Judge Marvin H. Shoob on motion for summary judgment by defendant [47-1] (km)

May 7, 1990

Proposed consent order extending time to respond to motion for summary judgment by defendant [47-1] through 6/7/90. (MHS for approval) (km)

49 May 11, 1990

CONSENT ORDER extending time to respond to motion for summary judgment by defendant [47-1] through 6/7/90 by Judge Marvin H. Shoob. cc (km) (Entered: 05/14/1990)

RECAP
50 May 17, 1990

REQUEST (letter) by counsel for James Roe, John Doe for copy of pla's motion for tro . (MHS for approval) (km) (Entered: 05/22/1990)

RECAP
51 May 23, 1990

ORDER GRANTING Request for copy of pla's motion for tro by John Doe, James Roe [50-1] by Judge Marvin H. Shoob. cc (km) (Entered: 05/24/1990)

RECAP
52 June 7, 1990

RESPONSE with attachments by plaintiffs to motion for summary judgment by defendant [47-1] (km) (Entered: 06/11/1990)

RECAP
June 7, 1990

Letter from counsel for pla Roe with attachment to affidavit of Roe [4-0]. (km) (Entered: 06/11/1990)

PACER
June 7, 1990

Deposition of THOMAS WAYNE SNOW, JR. taken for plaintiff John Doe, plaintiff James Roe (km) (Entered: 06/11/1990)

PACER
June 7, 1990

Letter from counsel for pla Roe with attachment to affidavit of Roe [4-0]. (km)

June 7, 1990

Deposition of THOMAS WAYNE SNOW, JR. taken for plaintiff John Doe, plaintiff James Roe (km)

53 June 22, 1990

MOTION by plaintiff John Doe, plaintiff James Roe for leave to file out-of-time affidavit and spporting memorandum with brief in support. (km) (Entered: 06/25/1990)

RECAP
July 12, 1990

SUBMITTED to Judge Marvin H. Shoob on motion for leave to file out- of-time affidavit and spporting memorandum by James Roe and John Doe [53-1] (km) (Entered: 07/12/1990)

PACER
July 12, 1990

SUBMITTED to Judge Marvin H. Shoob on motion for leave to file out-of-time affidavit and spporting memorandum by James Roe and John Doe [53-1] (km)

54 Oct. 11, 1990

ORDER DEFERRING ruling on motion for summary judgment by defendant [47-1] until 11/12/90 by Judge Marvin H. Shoob. Ptys directed to submit briefs w/in 30 days. cc (km) (Entered: 10/15/1990)

RECAP
Nov. 20, 1990

SUBMITTED to Judge Marvin H. Shoob on motion for leave to file out- of-time affidavit and spporting memorandum by plas [53-1], and motion for summary judgment by defendant [47-1] (km) (Entered: 11/20/1990)

PACER
Nov. 20, 1990

SUBMITTED to Judge Marvin H. Shoob on motion for leave to file out-of-time affidavit and spporting memorandum by plas [53-1], and motion for summary judgment by defendant [47-1] (km)

55 Nov. 27, 1990

ORDER GRANTING motion for leave to file out-of-time affidavit and spporting memorandum by James Roe, John Doe [53-1], nunc pro tunc by Judge Marvin H. Shoob, cc (scg) (Entered: 11/28/1990)

RECAP
56 March 26, 1991

Notice of filing change of address by counsel for plaintiffs. (scg) (Entered: 04/01/1991)

RECAP
Aug. 14, 1991

SUBMITTED per order [54-1], motion for summary judgment by defendant [47-1] to Judge Marvin H. Shoob . (scg) (Entered: 08/14/1991)

PACER
Aug. 14, 1991

SUBMITTED per order [54-1], motion for summary judgment by defendant [47-1] to Judge Marvin H. Shoob . (scg)

Aug. 20, 1991

File returned from MHS w/note, motion for summary judgment is still deferred per order [54-1] (scg) (Entered: 08/20/1991)

PACER
Aug. 20, 1991

File returned from MHS w/note, motion for summary judgment is still deferred per order [54-1] (scg)

57 Oct. 11, 1991

RESPONSE by defendants to order [54-1] requiring briefs on the "Harris v. Thigpen decision of the 11th Circuit. (scg) (Entered: 10/17/1991)

RECAP
58 Oct. 18, 1991

SUPPLEMENTAL RESPONSE by plaintiffs to motion for summary judgment by defendant [47-1] (scg) (Entered: 10/18/1991)

RECAP
Oct. 23, 1991

SUBMITTED on motion for summary judgment by defendant [47-1] to Judge Marvin H. Shoob . (scg) (Entered: 10/23/1991)

PACER
Oct. 23, 1991

SUBMITTED on motion for summary judgment by defendant [47-1] to Judge Marvin H. Shoob . (scg)

59 March 31, 1992

ORDER GRANTING IN PART as to plaintiffs' requests for injunctive relief, AND DENYING IN PART as to plaintiffs' claims of slander & breach of confidentiality, motion for summary judgment by defendant [47-1], defendants may file 2nd motion for summary judgment w/in 20 days; DIRECTING clerk to enter judgment in favor of defendants on all requests for injunctive relief; by Judge Marvin H. Shoob. cc (scg) (Entered: 03/31/1992)

RECAP
60 May 11, 1992

MOTION by defendants to extend time to file 2nd motion for summary judgment with brief in support. (scg) (Entered: 05/12/1992)

RECAP
61 May 11, 1992

Response by plaintiffs to motion to extend time to file 2nd motion for summary judgment by defendants [60-1] (scg) (Entered: 05/12/1992)

RECAP
May 12, 1992

SUBMITTED on motion to extend time to file 2nd motion for summary judgment by defendants [60-1] to Judge Marvin H. Shoob . (scg) (Entered: 05/12/1992)

PACER
May 12, 1992

SUBMITTED on motion to extend time to file 2nd motion for summary judgment by defendants [60-1] to Judge Marvin H. Shoob . (scg)

62 May 19, 1992

ORDER GRANTING motion to extend time to file 2nd motion for summary judgment by defendant [60-1], motion to be filed by 6/8/92; by Judge Marvin H. Shoob. cc (scg) (Entered: 05/20/1992)

RECAP
63 June 9, 1992

MOTION by defendants for summary judgment and statement of material facts with brief in support. (scg) (Entered: 06/10/1992)

RECAP
June 10, 1992

Notice of motion for summary judgment and statement of material facts by defendant [63-1] filed 6/9/92, mailed 6/10/92. (scg) (Entered: 06/10/1992)

PACER
June 10, 1992

Notice of motion for summary judgment and statement of material facts by defendant [63-1] filed 6/9/92, mailed 6/10/92. (scg)

64 June 29, 1992

Response by plaintiffs to motion for summary judgment and statement of material facts by defendant [63-1] w/statement of facts. (scg) (Entered: 06/30/1992)

RECAP
July 13, 1992

SUBMITTED on motion for summary judgment [63-1] to Judge Marvin H. Shoob . (scg) (Entered: 07/13/1992)

PACER
July 13, 1992

SUBMITTED on motion for summary judgment [63-1] to Judge Marvin H. Shoob . (scg)

65 Jan. 21, 1993

MOTION by plas to substitute counsel with brief in support. (scg) (Entered: 01/22/1993)

RECAP
66 Jan. 26, 1993

ORDER DENYING motion to substitute counsel by plas [65-1] by Judge Marvin H. Shoob. cc (scg) (Entered: 01/27/1993)

RECAP
67 Jan. 26, 1993

MOTION by movant Mary Brake to substitute Mary Brake, in her capacity as Executrix in place of John Doe, deceased with affidavit in support. (fmr emp) (Entered: 02/05/1993)

RECAP
68 Feb. 4, 1993

CONSENT ORDER GRANTING motion to substitute Mary Brake, in her capacity as Executrix in place of John Doe, deceased by Mary Brake [67-1] by Judge Marvin H. Shoob. cc (scg) (Entered: 02/09/1993)

RECAP
69 March 31, 1993

ORDER GRANTING motion for summary judgment by dfts [63-1], DIRECTING clerk to enter judgment for dfts on all claims; by Judge Marvin H. Shoob. cc (scg) (Entered: 04/01/1993)

RECAP
70 March 31, 1993

JUDGMENT ENTERED on amended complaint by plas [36-1], dismissing plas' complaints, & dfts to recover of the plas their costs of this action. cc (scg) (Entered: 04/01/1993)

RECAP
71 April 14, 1993

MOTION by plas for reconsideration of award of costs in judgment [70-1] with brief in support. (scg) (Entered: 04/19/1993)

RECAP

Case Details

State / Territory:

Georgia

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 15, 1988

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates incarcerated in the Georgia state prison system who were tested for HIV without their consent

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Georgia

Georgia

Georgia

Georgia

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Unreasonable search and seizure

Other Dockets:

Northern District of Georgia 1:88-cv-01752

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Recommended Citation