Case: Powell v. Barrett

1:04-cv-01100 | U.S. District Court for the Northern District of Georgia

Filed Date: April 21, 2004

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On April 21, 2004, eleven former male detainees of the Fulton County Jail, represented by private attorneys, brought this 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Northern District of Georgia. The plaintiffs challenged as unconstitutional the Jail's practices of (a) conducting "blanket strip searches" of inmates entering and/or returning to the Jail without any individualized determination that such searches would reveal contraband; and (b) detaining inmates past…

On April 21, 2004, eleven former male detainees of the Fulton County Jail, represented by private attorneys, brought this 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Northern District of Georgia. The plaintiffs challenged as unconstitutional the Jail's practices of (a) conducting "blanket strip searches" of inmates entering and/or returning to the Jail without any individualized determination that such searches would reveal contraband; and (b) detaining inmates past their scheduled release dates ("over-detention"). The plaintiffs alleged that these practices had persisted at the Fulton County Jail for years and estimated that some 10,000 or more inmates were affected. The plaintiffs claimed that the practices were improper under the Fourth, Eighth, and Fourteenth Amendments to the U.S. Constitution, as well as the Georgia Constitution and common law. They sought declaratory and injunctive relief, as well as monetary damages and class certification.

The complaint was amended four times. In addition to suing the former and current Fulton County Sheriffs, the plaintiffs sued Fulton County and the City of Atlanta, alleging that those governmental entities were liable because their police forces had entrusted arrestees to the Fulton County Jail with knowledge of the unconstitutional conditions that existed there. The plaintiffs alleged that three types of blanket strip searches occurred at the Jail: (1) blanket strip searches of arrestees as part of their point-of-entry booking into the Jail (AR Group); (2) blanket strip searches of detainees who posted bond or were ordered released at the Jail before their point-of-entry booking into the Jail (AL Group); and (3) blanket strip searches of detainees who returned to the jail from a court appearance after having been ordered released in state court (CR Group).

The defendants denied all allegations and sought dismissal of the action for failure to state a claim and under the defenses of both Eleventh Amendment immunity and qualified immunity. On July 5, 2005, the District Court (Judge Richard W. Story) granted in part and denied in part the defendants' motions to dismiss. The Court determined that: (1) the Sheriffs were entitled to Eleventh Amendment immunity for the monetary claims against them in their official capacity; (2) the Sheriffs were entitled to qualified immunity for the strip search claims; (3) the Sheriffs were not entitled to qualified immunity as to the over-detention claims; (4) the detainees adequately stated § 1983 claims against the county; and (5) the detainees lacked standing to seek injunctive relief against the county defendants. Powell v. Barrett, 376 F.Supp.2d 1340 (N.D.Ga. 2005). All parties appealed.

In two separate August 23, 2007, opinions, one published and one unpublished, a panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed in part, reversed in part, and remanded the case to the District Court. In the published opinion, the Eleventh Circuit panel (Justice Susan Harrell Black) found that some plaintiffs could pursue their strip search claims against former Sheriff Barrett in her individual capacity. All of the strip search claims against current Sheriff Freeman, Fulton County, and the City of Atlanta were ordered dismissed. Powell v. Barrett, 496 F.3d 1288 (11th Cir. 2007). In the unpublished opinion, the Eleventh Circuit panel (per curiam) let stand the over-detention claims against former Sheriff Barrett in her individual capacity. All other over-detention claims were ordered dismissed. Powell v. Barrett, 246 Fed.Appx. 615 (11th Cir. Aug 23, 2007).

On February 4, 2008, the Eleventh Circuit, acting en banc, vacated the August 23, 2007 panel opinions and agreed to rehear the appeal. On September 4, 2008, the en banc Eleventh Circuit issued an opinion in which they ruled that a policy or practice of strip searching all arrestees as a part of the process of booking them into the general population of a detention facility, even without reasonable suspicion to believe that they may be concealing contraband, is permissible, so long as the strip search is no more extensive than the one upheld by the U.S. Supreme Court in Bell v. Wolfish, 441 U.S. 520 (1979). The en banc panel then remanded the case back to the original Eleventh Circuit panel for proceedings in line with this decision.

The case was promptly remanded to the district court, which on March 27, 2009, dismissed the City of Atlanta, the State of Georgia, and Fulton County from the case and entered judgment in their favor. The case proceeded against other defendants.

On March 3, 2011, the court granted summary judgment to the defendants as to the strip-search claims, but denied the motion for summary judgment for the over-detention claims. Discovery continued regarded the over-detention claims.

On February 17, 2012, the court granted the defendants' motion for summary judgment as to the plaintiffs' over-detention claims. Since no claims remained, the court entered final judgment in favor of the defendants. 2012 WL 567065.

The plaintiffs appealed both grants of summary judgment for the over-detention claim and the strip-search claim. On March 7, 2013, the Eleventh Circuit (Judge Hull) affirmed the district court's holding that the defendant was entitled to qualified immunity as to the plaintiffs' over-detention and strip search claims. Specifically, the Eleventh Circuit held that 1) assuming without deciding that, when they were over-detained, the plaintiffs' Fourteenth Amendment rights were violated by jail employees, the plaintiffs failed to establish that sheriff was liable as a supervisor; 2) the jailers did not violate pre-trial detainees' Fourth Amendment rights by visually searching them for legitimate safety and penological reasons prior to admitting or readmitting them to the jail's general population; and 3) pre-trial detainees have no constitutional right, much less a clearly established right, to be held in a particular cell or a separate area of a jail and not be placed back in the general jail population. 511 F. App'x 957, 964 (11th Cir. 2013).

The plaintiffs petitioned the Supreme Court to hear the case, but on November 4, 2013, the Supreme Court denied certiorari. 134 S. Ct. 513 (2013). The case is now closed.

Summary Authors

Kristen Sagar (7/12/2009)

Jessica Kincaid (3/18/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4243271/parties/powell-v-barrett/


Judge(s)

Barkett, Rosemary (Florida)

Black, Susan Harrell (Florida)

Carnes, Edward Earl (Alabama)

Forrester, J. Owen (Georgia)

Hull, Frank M. (Georgia)

Martin, Beverly Baldwin (Georgia)

Ryskamp, Kenneth L. (Florida)

Story, Richard W. (Georgia)

Tidwell, George Ernest (Georgia)

Ward, Horace Taliaferro (Georgia)

Judge(s)

Barkett, Rosemary (Florida)

Black, Susan Harrell (Florida)

Carnes, Edward Earl (Alabama)

Forrester, J. Owen (Georgia)

Hull, Frank M. (Georgia)

Martin, Beverly Baldwin (Georgia)

Ryskamp, Kenneth L. (Florida)

Story, Richard W. (Georgia)

Tidwell, George Ernest (Georgia)

Ward, Horace Taliaferro (Georgia)

Attorneys(s) for Plaintiff

Brantley, Overtis Hicks (Georgia)

Claiborne, James Patrick (Georgia)

Cunningham, Lynn E. (District of Columbia)

DeWoskin, Daniel Eliot (Georgia)

Estuar, Paul J. (California)

Litt, Barrett S. (California)

Pekor, Charles B. Jr. (Georgia)

Spears, George Brian (Georgia)

Attorneys(s) for Defendant

Baines, Tamara Nikki (Georgia)

Barnes, Shakara Monique (Georgia)

Belaga, Julianne N. (Georgia)

Dancy, Rolesia Butler (Georgia)

D'Haene, Kimberly W. (Georgia)

Fleming, John Howard (Georgia)

Godfrey, Robert N. (Georgia)

Johnson, Coy J. Jr. (Georgia)

Lackland, Theodore Howard (Georgia)

Lovett, William Jake Jr. (Georgia)

McFadden, Jamala S. (Georgia)

Mitchell, William T. (Georgia)

Moore, Sidney Leighton (Georgia)

Robbins, Richard Lance (Georgia)

Roseborough, Teresa Wynn (Georgia)

Woodward, Karen Eleice (Georgia)

Young, Dennis McRay (Georgia)

Documents in the Clearinghouse

Document

USCA Docket [PACER]

U. S. Court of Appeals for the Eleventh Circuit

Aug. 23, 2007 Docket

Docket (PACER)

Nov. 4, 2013 Docket
1

Complaint - Class Action

April 21, 2004 Complaint
8

First Amended Complaint - Class Action

July 1, 2004 Complaint
69

[Omnibus] Order [Including Denial of Class Certification]

Jan. 13, 2005 Order/Opinion
117

Fourth Amended Complaint for Money Damages, Injunctive Relief, Preliminary Injunction, and Jury Demand - Class Action

May 25, 2005 Complaint
120

Order [Granting in Part and Denying in Part Defendant's Motion to Dismiss]

376 F.Supp.2d 1340

July 5, 2005 Order/Opinion
133

Answer by Defendants Barrett and Freedman to Fourth Amended Complaint

Aug. 10, 2005 Pleading / Motion / Brief
163

Order [Denying Motion to Dismiss]

2006 WL 6406441

March 7, 2006 Order/Opinion

Opinion

U. S. Court of Appeals for the Eleventh Circuit

496 F.3d 1288

Aug. 23, 2007 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4243271/powell-v-barrett/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT filed and summons(es) issued. Consent form to proceed before U.S. magistrate and pretrial instructions given to attorney; jury demand FILING FEE $ 150.00 RECEIPT # 520815 (epm) (Entered: 04/21/2004)

April 21, 2004 RECAP
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Attorney appearance for plaintiffs by Charles B. Pekor Jr. (bsm) (Entered: 04/28/2004)

April 23, 2004 PACER
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ORDER by Judge G. E. Tidwell, recusing Judge. Case reassigned to Judge J. O. Forrester (cc w/notice) (bsm) (Entered: 04/27/2004)

April 26, 2004 PACER
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Application for admission of Lynn E. Cunningham pro hac vice for plaintiffs (to JOF) (adg) (Entered: 05/28/2004)

May 20, 2004 PACER
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ORDER APRVD BY CRD GRANTING [4-1] pro hac vice application of Lynn E. Cunningham. (cc) (adg) (Entered: 06/03/2004)

June 3, 2004 PACER
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Return of service executed 6/28/94 as to Jacqueline Barrett on original complaint (adg) (Entered: 07/02/2004)

July 1, 2004 PACER
7

Return of service executed 6/30/04 as to Jacqueline Barrett (adg) (Entered: 07/02/2004)

July 1, 2004 PACER
8

FIRST AMENDED CLASS ACTION COMPLAINT by plaintiffs adding Fulton County, State of Georgia, Karen Handel, Robb Pitts, Tom Lowe, Emma I. Darnell, Nancy A. Boxill, William Edwards, and City of Atlanta, State of Georgia; jury demand. (adg) (Entered: 07/06/2004)

July 1, 2004 PACER
9

Summons issued for Fulton County, Karen Handel, Robb Pitts, Tom Lowe, Emma I. Darnell, Nancy A. Boxill, William Edwards, City of Atlanta, (adg) (Entered: 07/06/2004)

July 2, 2004 PACER
10

Return of service executed 7/2/04 as to Fulton County, State, Karen Handel, Robb Pitts, Tom Lowe, Emma I. Darnell, Nancy A. Boxill, William Edwards, City of Atlanta, St on amended complaint (adg) (Entered: 07/08/2004)

July 6, 2004 PACER
11

NOTICE of Appearance by Kimberly Williams D'Haene, Julianne N. Belaga, Richard Lance Robbins, Teresa Wynn Roseborough and S. Leighton Moore on behalf of Nancy A. Boxill, Emma I. Darnell, William Edwards, Fulton County, State of Georgia, Karen Handel, Tom Lowe, Robb Pitts (adg) (Entered: 07/16/2004)

July 9, 2004 PACER
12

MOTION for Leave to File Answerby Jacqueline Barrett. (Attachments: # 1 Brief # 2 Certification of Theodore Lackland)(adg) (Entered: 07/17/2004)

1 Brief

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2 Certification of Theodore Lackland

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July 13, 2004 PACER
13

ANSWER to Complaint and Amended Complaint, with Jury Demand by Jacqueline Barrett. Discovery ends on 12/10/2004.(adg) (Entered: 07/17/2004)

July 13, 2004 PACER
18

APPLICATION for Admission of Barrett S. Litt Pro Hac Vicefor Tory Dunlap, David Evans, C. Alan Powell, Lee Antonio Smith.Filing Fee received $150.00, Receipt #524760. (Attachments: # 1 Proposed order)(to JOF)(adg) (Entered: 08/04/2004)

1 Proposed order

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July 19, 2004 PACER
19

APPLICATION for Admission of Paul J. Estuar Pro Hac Vicefor Tory Dunlap, David Evans, C. Alan Powell, Lee Antonio Smith.Filing Fee received $150.00, Receipt #524759. (Attachments: # 1 Proposed order) (to JOF)(adg) (Entered: 08/04/2004)

1 Proposed order

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July 19, 2004 PACER
14

NOTICE of Appearance by William Charles Claiborne III on behalf of all plaintiffs (Claiborne, William) (Entered: 07/20/2004)

July 20, 2004 PACER
15

MOTION to Certify Class by C. Alan Powell. (Attachments: # 1 Brief # 2 certificates# 3 Exhibit List# 4 Exhibit # 5 Exhibit Ex 11# 6 Exhibit Ex 12# 7 Exhibit Ex 13# 8 Exhibit Ex 14# 9 Exhibit Ex 15# 10 Exhibit Ex 16# 11 Exhibit Ex 17# 12 Exhibit Ex 18# 13 Exhibit # 14 Exhibit # 15 Exhibit # 16 Exhibit Affidavit# 17 Exhibit Affidavit# 18 Exhibit Affidavit# 19 Exhibit Affidavit# 20 Exhibit Affidavit# 21 Exhibit Affidavit# 22 Exhibit Affidavit# 23 Exhibit Affidavit# 24 Exhibit Affidavit# 25 Exhibit Affidavit# 26 Exhibit Affidavit# 27 Exhibit Affidavit# 28 Exhibit Affidavit# 29 Exhibit Affidavit# 30 Exhibit Affidavit# 31 Exhibit Affidavit# 32 Exhibit Affidavit# 33 Exhibit Affidavit# 34 Exhibit Affidavit# 35 Exhibit Affidavit# 36 Exhibit Affidavit# 37 Exhibit Affidavit# 38 Exhibit Affidavit# 39 Exhibit Affidavit# 40 Exhibit Affidavit# 41 Exhibit Affidavit# 42 Exhibit Affidavit# 43 Exhibit Affidavit# 44 Exhibit Affidavit# 45 Exhibit Affidavit# 46 Exhibit Affidavit# 47 Exhibit Affidavit# 48 Exhibit Affidavit# 49 Exhibit Affidavit# 50 Exhibit Affidavit# 51 Exhibit Affidavit# 52 Exhibit Affidavit# 53 Exhibit Affidavit# 54 Exhibit Affidavit# 55 Exhibit Affidavit# 56 Exhibit Affidavit# 57 Exhibit Affidavit# 58 Exhibit Affidavit# 59 Exhibit Affidavit# 60 Exhibit Affidavit# 61 Exhibit Affidavit# 62 Exhibit Affidavit# 63 Exhibit Affidavit# 64 Exhibit Affidavit# 65 Exhibit # 66 Exhibit # 67 Exhibit # 68 Exhibit # 69 Exhibit # 70 Exhibit # 71 Exhibit # 72 Exhibit # 73 Exhibit # 74 Exhibit # 75 Exhibit # 76 Exhibit # 77 Exhibit # 78 Exhibit # 79 Exhibit # 80 Exhibit # 81 Exhibit # 82 Text of Proposed Order)(Claiborne, William) (Entered: 07/20/2004)

1 Brief

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2 certificates

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3 Exhibit List

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5 Exhibit Ex 11

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82 Text of Proposed Order

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July 20, 2004 PACER
16

MOTION to Amend First Amended Complaint by C. Alan Powell. (Attachments: # 1 # 2 Exhibit second amended complaint# 3 Text of Proposed Order)(Claiborne, William) (Entered: 07/21/2004)

1 Certificate of Service

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2 Exhibit second amended complaint

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3 Text of Proposed Order

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July 21, 2004 PACER
17

MOTION to Dismiss by Nancy A. Boxill, Emma I. Darnell, William Edwards, Fulton County, Karen Handel, Tom Lowe, Robb Pitts. (Attachments: # 1 Memorandum of law in support)(adg) (Entered: 07/23/2004)

1 Memorandum of law in support

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July 22, 2004 PACER
20

RESPONSE in Opposition filed by C. Alan Powell re 17 MOTION to Dismiss First Amended Complaint. (Attachments: # 1 Supplement certificates service & compliance# 2 Text of Proposed Order)(Claiborne, William) Modified on 9/7/2004 to correct text (mmc). (Entered: 08/09/2004)

1 Supplement certificates service & compliance

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2 Text of Proposed Order

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Aug. 9, 2004 PACER
22

MOTION for Extension of Time to file response to 15 MOTION to Certify Class, by Nancy A. Boxill, Emma I. Darnell, William Edwards, Fulton County, State of Georgia, Karen Handel, Tom Lowe, Robb Pitts. (adg) (Entered: 08/13/2004)

Aug. 9, 2004 PACER
21

MOTION to Dismiss with Brief In Support by City of Atlanta, State of Georgia. (Attachments: # 1)(Young, Dennis) (Entered: 08/11/2004)

1 Memorandum of Law in Support of Motion to Dismiss

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Aug. 11, 2004 PACER
23

CONSENT MOTION for Extension of Time thru 8/26/04 to respond to 16 motion to amend first Amended Complaint by Nancy A. Boxill, Emma I. Darnell, William Edwards, Fulton County, State of Georgia, Karen Handel, Tom Lowe, Robb Pitts. (Attachments: # 1 proposed consent order (incorrect case number))(adg) Modified on 8/23/2004 (adg). (Entered: 08/23/2004)

1 proposed consent order (incorrect case number)

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Aug. 12, 2004 PACER
24

CORRECTED CONSENT MOTION for Extension of Time thru 8/26/04 to respond to 16 motion to amend 8 first amended complaint, by Nancy A. Boxill, Emma I. Darnell, William Edwards, Fulton County, State of Georgia, Karen Handel, Tom Lowe, Robb Pitts. (Attachments: # 1 Proposed consent order)(adg) (Entered: 08/23/2004)

1 Proposed consent order

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Aug. 13, 2004 PACER
26

Certificate of Interested Persons by Nancy A. Boxill, Emma I. Darnell, William Edwards, Karen Handel, Tom Lowe, Robb Pitts, Fulton County, State of Georgia. (adg) Modified on 8/26/2004 to add a filer (adg). (Entered: 08/26/2004)

Aug. 20, 2004 PACER
27

MOTION to Stay Discoveryby Nancy A. Boxill, Emma I. Darnell, William Edwards, Fulton County, State of Georgia, Karen Handel, Tom Lowe, Robb Pitts. (Attachments: # 1 Memorandum of Law in Support)(adg) (Entered: 08/26/2004)

1 Memorandum of Law in Support

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Aug. 20, 2004 PACER
25

REVISED CASE INSTRUCTIONS. (adg) (Entered: 08/24/2004)

Aug. 23, 2004 PACER
29

REPLY BRIEF filed by Nancy A. Boxill, Emma I. Darnell, William Edwards, Fulton County, State of Georgia, Karen Handel, Tom Lowe, Robb Pitts re 17 MOTION to Dismiss. (adg) (Entered: 08/30/2004)

Aug. 25, 2004 PACER
30

RESPONSE in Opposition filed by Nancy A. Boxill, Emma I. Darnell, William Edwards, Fulton County, State of Georgia, Karen Handel, Tom Lowe, Robb Pitts re 16 MOTION to Amend First Amended Complaint. (adg) (Entered: 08/30/2004)

Aug. 26, 2004 PACER
28

NOTICE by Jacqueline Barrett Certificate of Interested Persons (Lackland, Theodore) (Entered: 08/27/2004)

Aug. 27, 2004 PACER
31

RESPONSE in Opposition filed by C. Alan Powell re 21 MOTION to Dismiss. (Attachments: # 1 Certificates Service-Compliance# 2 Text of Proposed Order)(Claiborne, William) (Entered: 08/30/2004)

1 Certificates Service-Compliance

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2 Text of Proposed Order

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Aug. 30, 2004 PACER
32

MOTION to Supplement Plaintiffs' opposition to counrty defendants' motion to dismiss with Brief In Support by C. Alan Powell. (Attachments: # 1 Brief supplemts plaintiffs opposition to the County defendants motion to dismiss# 2 certificates# 3 Text of Proposed Order)(Claiborne, William) (Entered: 09/06/2004)

1 Brief supplemts plaintiffs opposition to the County defendants motion to dismiss

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2 certificates

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3 Text of Proposed Order

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Sept. 6, 2004 PACER
33

RESPONSE in Opposition filed by C. Alan Powell re 27 MOTION to Stay discovery by county defendants. (Attachments: # 1 certificates compliance-service# 2 Text of Proposed Order)(Claiborne, William) (Entered: 09/06/2004)

1 certificates compliance-service

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2 Text of Proposed Order

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Sept. 6, 2004 PACER
34

MOTION for Discovery for entry of scheduling order with Brief In Support by C. Alan Powell. (Attachments: # 1 Exhibit Plaintiffs' Rule 16.2 Report# 2 certificates# 3 Text of Proposed Order)(Claiborne, William) (Entered: 09/06/2004)

1 Exhibit Plaintiffs' Rule 16.2 Report

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2 certificates

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3 Text of Proposed Order

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Sept. 6, 2004 PACER
35

NOTICE by C. Alan Powell of interested persons (Attachments: # 1 certificates)(Claiborne, William) (Entered: 09/08/2004)

1 certificates

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Sept. 8, 2004 PACER
36

CERTIFICATE of Counsel change in firm name by William Charles Claiborne III on behalf of C. Alan Powell (Attachments: # 1)(Claiborne, William) (Entered: 09/08/2004)

Sept. 8, 2004 PACER
37

Response to Initial Disclosures by Jacqueline Barrett.(Lackland, Theodore) (Entered: 09/14/2004)

Sept. 14, 2004 PACER
38

Response to Initial Disclosures by C. Alan Powell. (Attachments: # 1 certificatesd)(Claiborne, William) (Entered: 09/16/2004)

1 certificatesd

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Sept. 16, 2004 PACER
39

NOTICE by C. Alan Powell Certificate of Discovery (Attachments: # 1 certificates)(Claiborne, William) (Entered: 09/16/2004)

1 certificates

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Sept. 16, 2004 PACER
40

REPLY BRIEF filed by C. Alan Powell re 16 MOTION to Amend First Amended Complaint. (Attachments: # 1 Affidavit Clemons Affidavit# 2 certificates)(Claiborne, William) (Entered: 09/16/2004)

1 Affidavit Clemons Affidavit

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2 certificates

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Sept. 16, 2004 PACER
41

MOTION for Extension of Time File a reply re: 16 MOTION to Amend First Amended Complaint by C. Alan Powell. (Attachments: # 1 # 2 Text of Proposed Order)(Claiborne, William) (Entered: 09/16/2004)

2 Text of Proposed Order

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Sept. 16, 2004 PACER
42

AMENDED COMPLAINT Third amended complaint against all plaintiffs, filed by C. Alan Powell. (Attachments: # 1 Brief in support of motion# 2 Exhibit third amended complaint# 3 certificates# 4 Text of Proposed Order)(Claiborne, William) (Entered: 09/21/2004)

1 Brief in support of motion

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2 Exhibit third amended complaint

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3 certificates

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4 Text of Proposed Order

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Sept. 20, 2004 PACER
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MOTION to Amend Second Amended Complaintby plaintiffs. (see document 42 ) (adg) Additional attachment(s) added on 2/4/2005 (epm). (Entered: 10/08/2004)

Sept. 20, 2004 PACER
43

RESPONSE to Motion filed by Nancy A. Boxill, Emma I. Darnell, William Edwards, Fulton County, State of Georgia, Karen Handel, Tom Lowe, Robb Pitts re 32 MOTION to Supplement Plaintiffs' opposition to county defendants' motion to dismiss. (adg) (Entered: 09/21/2004)

Sept. 20, 2004 PACER
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MOTION for Scheduling Conferenceby Nancy A. Boxill, Emma I. Darnell, William Edwards, Fulton County, State of Georgia, Karen Handel, Tom Lowe, Robb Pitts. (adg) (Entered: 09/21/2004)

Sept. 20, 2004 PACER
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REPLY to Response to 27 MOTION to Stay filed by Nancy A. Boxill, Emma I. Darnell, William Edwards, Fulton County, State of Georgia, Karen Handel, Tom Lowe, Robb Pitts. (adg) (Entered: 09/21/2004)

Sept. 20, 2004 PACER
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MOTION for Protective Order with Memorandum of Law In Support by Nancy A. Boxill, Emma I. Darnell, William Edwards, Fulton County, State of Georgia, Karen Handel, Tom Lowe, Robb Pitts. (adg) (Entered: 10/05/2004)

Oct. 1, 2004 PACER
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Petition for Leave of Absence from 11/5/2004 to 11/23/2004 by Charles B. Pekor Jr. (to JOF) (adg) (Entered: 10/05/2004)

Oct. 1, 2004 PACER
48

Petition for Leave of Absence from 11/4/2004 to 11/9/2004 by Daniel Eliot DeWoskin. (to JOF) (adg) (Entered: 10/05/2004)

Oct. 1, 2004 PACER
49

RESPONSE in Support re 42 MOTION to Amend Second Amended Complaint, filed by Nancy A. Boxill, Emma I. Darnell, William Edwards, Fulton County, State of Georgia, Karen Handel, Tom Lowe, Robb Pitts. (adg) . (Entered: 10/08/2004)

Oct. 6, 2004 PACER
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CERTIFICATE of Counsel Certificate of Service by Theodore Howard Lackland on behalf of Jacqueline Barrett (Lackland, Theodore) (Entered: 10/29/2004)

Oct. 29, 2004 PACER
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CERTIFICATE of Counsel Certificate of Service by Theodore Howard Lackland on behalf of Jacqueline Barrett (Lackland, Theodore) (Entered: 10/29/2004)

Oct. 29, 2004 PACER
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RESPONSE to Motion re MOTION to Amend Defendant Barrett's Response to Motion to Amend Second Amended Complaint filed by Jacqueline Barrett. (Lackland, Theodore) (Entered: 11/12/2004)

Nov. 12, 2004 PACER
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REPLY to Response to Motion re MOTION to Amend Second Amended Complaint filed by Tory Dunlap. (Attachments: # 1 certificates)(Claiborne, William) (Entered: 11/23/2004)

1 certificates

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Nov. 23, 2004 PACER
54

ORDER OF RECUSAL. Judge J. Owen Forrester recused. Case reassigned to Judge Horace T. Ward for all further proceedings. Signed by Judge J. Owen Forrester on 11/30/2004. (adg) (Entered: 11/30/2004)

Nov. 30, 2004 PACER
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NOTICE TO PARTIES re 54 Order of Recusal (adg) (Entered: 11/30/2004)

Nov. 30, 2004 PACER
56

ORDER OF RECUSAL. Judge Horace T. Ward recused. Case reassigned to Judge Beverly B. Martin for all further proceedings Signed by Judge Horace T. Ward on 12/2/04. (bh) (Entered: 12/03/2004)

Dec. 2, 2004 PACER
57

NOTICE to all counsel of disctrict judge reassignment re 56 Order (er) (Entered: 12/03/2004)

Dec. 3, 2004 PACER
61

FULTON COUNTY DEFENDANTS'MOTION to Quash Subpoenas and Incorporated Memorandum of Law. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(epm) (Entered: 12/08/2004)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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Dec. 3, 2004 PACER
67

Motion for Leave of Absence from 12/23/2004 to 1/1/2005 by Charles B. Pekor Jr. with Proposed Order. (epm) (Entered: 12/09/2004)

Dec. 3, 2004 PACER
58

RESPONSE in Opposition re 46 MOTION for Protective Order filed by C. Alan Powell. (Attachments: # 1 certificates# 2 Text of Proposed Order)(Claiborne, William) (Entered: 12/05/2004)

1 certificates

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2 Text of Proposed Order

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Dec. 5, 2004 PACER
59

ORDER OF RECUSAL. Judge Beverly B. Martin recused. Case reassigned to Judge Richard W. Story for all further proceedings Signed by Judge Beverly B. Martin on 12/03/2004. (pdw) (Entered: 12/06/2004)

Dec. 6, 2004 PACER
62

NOTICE Of Filing Subpoena to Sgt. Adrian Grooms filed by Tory Dunlap, David Evans, C. Alan Powell and Lee Antonio Smith. (epm) (Entered: 12/08/2004)

Dec. 6, 2004 PACER
60

NOTICE of case reassignment by courtroom deputy clerk to counsel, pursuant to 59 Order of Recusal (cc Honorable Richard W. Story) (pdw) (Entered: 12/06/2004)

Dec. 6, 2004 PACER
63

NOTICE Of Filing Subpoena for Sgt. Gates by Tory Dunlap, David Evans, C. Alan Powell and Lee Antonio Smith. (epm) (Entered: 12/08/2004)

Dec. 6, 2004 PACER
64

NOTICE Of Filing Subpoena for Don Rock by Tory Dunlap, David Evans, C. Alan Powell and Lee Antonio Smith. (epm) (Entered: 12/08/2004)

Dec. 6, 2004 PACER
65

NOTICE Of Filing Subpoena for Richard Hochendoner by Tory Dunlap, David Evans, C. Alan Powell and Lee Antonio Smith. (epm) (Entered: 12/08/2004)

Dec. 6, 2004 PACER
66

ORDER STAYING all proceedings in this case, including performance in accordance with the subject subpoenas, until such time as the Court may consider the outstanding motions affecting discovery in this case. Signed by Judge Richard W. Story on 12/6/04. (epm) (Entered: 12/08/2004)

Dec. 7, 2004 PACER
68

ORDER GRANTING 67 Leave of Absence for Charles B. Pekor, Jr., from 12/23/04 through 1/1/05. Signed by Judge Richard W. Story on 12/13/04. (epm) (Entered: 12/15/2004)

Dec. 15, 2004 PACER
69

ORDER granting nunc pro tunc 12 Motion for Leave to File Answer, denying with the right to re-file 15 Motion to Certify Class, granting 16 Motion to Amend First Amended Complaint, denying 17 Motion to Dismiss Amended Complaint, denying 21 Motion to Dismiss Amended Complaint, denying as moot 22 Motion for Extension of Time to File a Response, granting nunc pro tunc 32 Motion to Supplement, granting nunc pro tunc 41 Motion for Extension of Time, and granting 42 Motion for Leave to Amend their Second Amended Complaint. With respect to the stay entered by the Court in its Dec. 7, 2004 Order 66, that stay shall remain in effect pending the resolution of discovery issues at the status and scheduling conference. Signed by Judge Richard W. Story on 1/13/05. (epm) Modified to correct text on 1/19/2005 (epm). (Entered: 01/19/2005)

Jan. 13, 2005 PACER
70

Consent MOTION to Continue Status and Scheduling Conference by C. Alan Powell. (Attachments: # 1 Text of Proposed Order # 2 Certificates)(Claiborne, William) (Entered: 01/27/2005)

1 Text of Proposed Order

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2 Certificates

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Jan. 27, 2005 PACER
71

ORDER granting 70 Consent Motion to Continue Status and Scheduling Conference from 2/2/05 to 2/10/05 . Signed by Judge Richard W. Story on 2/1/05. (rag) (Entered: 02/02/2005)

Feb. 2, 2005 PACER
72

AMENDED COMPLAINT Second Amended Complaint against all defendants, filed by C. Alan Powell.(Claiborne, William) (Entered: 02/02/2005)

Feb. 2, 2005 PACER
73

AMENDED COMPLAINT Third Amended Complaint against all defendants, filed by C. Alan Powell.(Claiborne, William) (Entered: 02/02/2005)

Feb. 2, 2005 PACER
74

STATUS REPORT Plaintiffs' statement of issues for status and scheduling conference by C. Alan Powell. (Attachments: # 1 Exhibit Plaintiffs' discovery plan# 2 Certificates)(Claiborne, William) (Entered: 02/04/2005)

1 Exhibit Plaintiffs' discovery plan

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2 Certificates

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Feb. 4, 2005 PACER
76

Minute Entry for proceedings held before Judge Richard W. Story : Scheduling/Status Conference held on 2/10/2005. (Court Reporter Sharon Upchurch.)(rag) (Entered: 02/11/2005)

Feb. 11, 2005 PACER
77

MOTION for Order Certifying Interlocutory Appeal with Brief In Support by Emma I. Darnell, Nancy A. Boxill, William Edwards, Fulton County, State of Georgia, Karen Handel, Robb Pitts, Tom Lowe. (Attachments: # 1 Order of January 13, 2005.)(Moore, Sidney) (Entered: 02/18/2005)

1 Order of January 13, 2005.

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Feb. 18, 2005 PACER
78

AMENDED COMPLAINT Fourth against all defendants, filed by C. Alan Powell. (Attachments: # 1 Exhibit Fourth Amended Complaint redlined to show changes from Third Amended Complaint)(Claiborne, William) (Entered: 02/25/2005)

1 Exhibit Fourth Amended Complaint redlined to show changes from Third Amended Com

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Feb. 25, 2005 PACER
79

PROPOSED ORDER re: 76 Scheduling Conference. (Attachments: # 1 Text of Proposed Order # 2 Certificates)(Claiborne, William) (Entered: 03/04/2005)

1 Text of Proposed Order

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2 Certificates

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March 4, 2005 PACER
80

SCHEDULING ORDER: Defendant shall answer 4th Amended Complaint by 3/30/05; Discovery shall commence on 3/30/05; Discovery ends on 7/28/2005; Defendant shall file any new Motions to stay discovery by 4/6/05; Discovery Status Conference shall be conducted on or about 6/24/05. Signed by Judge Richard W. Story on 3/7/05. (epm) (Entered: 03/08/2005)

March 7, 2005 PACER
81

TRANSCRIPT of Status Conference held on 2/10/05 before Judge Richard W. Story. Court Reporter: Sharon D. Upchurch. (epm) (Entered: 03/09/2005)

March 7, 2005 PACER
82

WAIVER OF SERVICE Returned Executed by Myron Freeman. Myron Freeman waiver mailed on 3/11/2005, answer due 5/10/2005. (Lackland, Theodore) (Entered: 03/14/2005)

March 14, 2005 PACER
83

Consent MOTION to Defer Ruling re: 77 MOTION for Order Certifying Interlocutory Appealby Emma I. Darnell, Nancy A. Boxill, William Edwards, Fulton County, State of Georgia, Karen Handel, Robb Pitts, Tom Lowe. (Moore, Sidney) (Entered: 03/14/2005)

March 14, 2005 PACER
84

Notice of Withdrawal of Julianne N. Belaga as Co-Counsel. Teresa Wynn Roseborough for Fulton County, State of Georgia; Richard Lance Robbins for Fulton County, State of Georgia; Sidney Leighton Moore for Fulton County, State of Georgia; and Kimberly Williams D'Haene for Fulton County, State of Georgia replacing attorney Julianne N. Belaga. (epm) (Entered: 03/17/2005)

March 15, 2005 PACER
85

MOTION to Dismiss by Defendants Barrett and Freeman with Brief In Support by Jacqueline Barrett. (Attachments: # 1 Brief Defendants' Memorandum of Law)(Lackland, Theodore) (Entered: 03/18/2005)

1 Brief Defendants' Memorandum of Law

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March 18, 2005 PACER
86

ORDER granting 83 Motion to Defer Ruling on 77 Motion for Certification of Order for Interlocutory Appeal. Signed by Judge Richard W. Story on 3/25/2005. (sjk) (Entered: 03/25/2005)

March 25, 2005 PACER
87

Second MOTION to Dismiss with Brief In Support by City of Atlanta, State of Georgia. (Attachments: # 1 # 2 Brief)(Young, Dennis) (Entered: 03/30/2005)

2 Brief

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March 30, 2005 PACER
88

MOTION to Dismiss Fourth Amended Complaint with Brief In Support by Emma I. Darnell, Nancy A. Boxill, William Edwards, Fulton County, State of Georgia, Karen Handel, Robb Pitts, Tom Lowe. (Attachments: # 1 Brief in Support of Motion to Dismiss Fourth Amended Complaint)(Moore, Sidney) (Entered: 03/30/2005)

1 Brief in Support of Motion to Dismiss Fourth Amended Complaint

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March 30, 2005 PACER
89

Consent MOTION for Extension of Time File Response re: 85 MOTION to Dismiss by Defendants Barrett and Freeman by C. Alan Powell. (Attachments: # 1 Exhibit certificates# 2 Text of Proposed Order)(Claiborne, William) (Entered: 04/01/2005)

1 Exhibit certificates

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2 Text of Proposed Order

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April 1, 2005 PACER
90

MOTION for Leave to File Excess Pages by C. Alan Powell. (Attachments: # 1 certificates# 2 Text of Proposed Order)(Claiborne, William) (Entered: 04/04/2005)

1 certificates

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2 Text of Proposed Order

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April 4, 2005 PACER
91

RESPONSE in Opposition re 85 MOTION to Dismiss by Defendants Barrett and Freeman filed by C. Alan Powell. (Attachments: # 1 Appendix chart# 2 certificates# 3 Text of Proposed Order)(Claiborne, William) (Entered: 04/05/2005)

1 Appendix chart

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2 certificates

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3 Text of Proposed Order

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April 5, 2005 PACER
92

MOTION to Stay Discovery with Brief In Support by Emma I. Darnell, Nancy A. Boxill, William Edwards, Fulton County, State of Georgia, Karen Handel, Robb Pitts, Tom Lowe. (Attachments: # 1 Brief in Support of Motion)(Moore, Sidney) (Entered: 04/06/2005)

1 Brief in Support of Motion

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April 6, 2005 PACER
93

MOTION to Stay by Defendants Barrett and Freeman with Brief In Support by Jacqueline Barrett. (Attachments: # 1 Brief Memorandum of Law)(Lackland, Theodore) (Entered: 04/06/2005)

1 Brief Memorandum of Law

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April 6, 2005 PACER
94

Consent MOTION for Extension of Time re: 88 MOTION to Dismiss Fourth Amended Complaint by C. Alan Powell. (Attachments: # 1 certificates# 2 Text of Proposed Order)(Claiborne, William) (Entered: 04/08/2005)

1 certificates

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2 Text of Proposed Order

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April 8, 2005 PACER
95

Consent MOTION for Extension of Time by C. Alan Powell. (Attachments: # 1 certificates# 2 Text of Proposed Order)(Claiborne, William) (Entered: 04/08/2005)

1 certificates

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2 Text of Proposed Order

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April 8, 2005 PACER
97

ORDER GRANTING 90 Motion for Leave to File Excess Pages. Plaintiffs may file 10 excess pages. Signed by Judge Richard W. Story on 4/11/2005. (sjk) (Entered: 04/12/2005)

April 11, 2005 PACER
98

NOTICE of Change of Address for Paul J. Estuar and Barrett S. Litt, counsel for C. Alan Powell, Tory Dunlap, Lee Antonio Smith and David Evans. (sjk) (Entered: 04/14/2005)

April 11, 2005 PACER
96

REPLY BRIEF re 94 Consent MOTION for Extension of Time re: 88 MOTION to Dismiss Fourth Amended Complaint Reply to Plaintiffs' Response to Defendants Barrett and Freeman's Motion to Dismiss Fourth Amended Complaint filed by Myron Freeman, Jacqueline Barrett. (Lackland, Theodore) (Entered: 04/12/2005)

April 12, 2005 PACER
99

ORDER GRANTING 94 Consent Motion for Extension of Time, through and including 4/29/2005, and Motion for Leave to File Excess Pages. The Plaintiffs may file 10 excess pages in their opposition. Signed by Judge Richard W. Story on 4/13/2005. (sjk) (Entered: 04/14/2005)

April 13, 2005 PACER
100

Second MOTION for Extension of Time File Response to City of Atlanta's Motion to Dismiss Fourth Amended Complaint with Brief In Support by C. Alan Powell. (Attachments: # 1 # 2 Text of Proposed Order)(Claiborne, William) (Entered: 04/27/2005)

2 Text of Proposed Order

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April 27, 2005 PACER

State / Territory: Georgia

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: April 21, 2004

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Separate Class Allegations for (1) Arrestee Strip Search Class, (2) Alpha Strip Search Class, (3) Court Return Strip Search Class, and (4) Overdetention Class

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Fulton County (Fulton), County

Fulton County Sheriff (Fulton), County

City of Atlanta (Atlanta), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Over/Unlawful Detention

Search policies

Staff (number, training, qualifications, wages)

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run