Civil Rights Litigation Clearinghouse

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

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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 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.

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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)

Attorney Contact Information via CourtListener

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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
3	Attorney appearance for plaintiffs by Charles B. Pekor Jr. (bsm) (Entered: 04/28/2004)	April 23, 2004	PACER
2	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
4	Application for admission of Lynn E. Cunningham pro hac vice for plaintiffs (to JOF) (adg) (Entered: 05/28/2004)	May 20, 2004	PACER
5	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
6	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 View on PACER 2 Certification of Theodore Lackland View on PACER	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 View on PACER	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 View on PACER	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 View on PACER 2 certificates View on PACER 3 Exhibit List View on PACER 4 Exhibit View on PACER 5 Exhibit Ex 11 View on PACER 6 Exhibit Ex 12 View on PACER 7 Exhibit Ex 13 View on PACER 8 Exhibit Ex 14 View on PACER 9 Exhibit Ex 15 View on PACER 10 Exhibit Ex 16 View on PACER 11 Exhibit Ex 17 View on PACER 12 Exhibit Ex 18 View on PACER 13 Exhibit View on PACER 14 Exhibit View on PACER 15 Exhibit View on PACER 16 Exhibit Affidavit View on PACER 17 Exhibit Affidavit View on PACER 18 Exhibit Affidavit View on PACER 19 Exhibit Affidavit View on PACER 20 Exhibit Affidavit View on PACER 21 Exhibit Affidavit View on PACER 22 Exhibit Affidavit View on PACER 23 Exhibit Affidavit View on PACER 24 Exhibit Affidavit View on PACER 25 Exhibit Affidavit View on PACER 26 Exhibit Affidavit View on PACER 27 Exhibit Affidavit View on PACER 28 Exhibit Affidavit View on PACER 29 Exhibit Affidavit View on PACER 30 Exhibit Affidavit View on PACER 31 Exhibit Affidavit View on PACER 32 Exhibit Affidavit View on PACER 33 Exhibit Affidavit View on PACER 34 Exhibit Affidavit View on PACER 35 Exhibit Affidavit View on PACER 36 Exhibit Affidavit View on PACER 37 Exhibit Affidavit View on PACER 38 Exhibit Affidavit View on PACER 39 Exhibit Affidavit View on PACER 40 Exhibit Affidavit View on PACER 41 Exhibit Affidavit View on PACER 42 Exhibit Affidavit View on PACER 43 Exhibit Affidavit View on PACER 44 Exhibit Affidavit View on PACER 45 Exhibit Affidavit View on PACER 46 Exhibit Affidavit View on PACER 47 Exhibit Affidavit View on PACER 48 Exhibit Affidavit View on PACER 49 Exhibit Affidavit View on PACER 50 Exhibit Affidavit View on PACER 51 Exhibit Affidavit View on PACER 52 Exhibit Affidavit View on PACER 53 Exhibit Affidavit View on PACER 54 Exhibit Affidavit View on PACER 55 Exhibit Affidavit View on PACER 56 Exhibit Affidavit View on PACER 57 Exhibit Affidavit View on PACER 58 Exhibit Affidavit View on PACER 59 Exhibit Affidavit View on PACER 60 Exhibit Affidavit View on PACER 61 Exhibit Affidavit View on PACER 62 Exhibit Affidavit View on PACER 63 Exhibit Affidavit View on PACER 64 Exhibit Affidavit View on PACER 65 Exhibit View on PACER 66 Exhibit View on PACER 67 Exhibit View on PACER 68 Exhibit View on PACER 69 Exhibit View on PACER 70 Exhibit View on PACER 71 Exhibit View on PACER 72 Exhibit View on PACER 73 Exhibit View on PACER 74 Exhibit View on PACER 75 Exhibit View on PACER 76 Exhibit View on PACER 77 Exhibit View on PACER 78 Exhibit View on PACER 79 Exhibit View on PACER 80 Exhibit View on PACER 81 Exhibit View on PACER 82 Text of Proposed Order View on PACER	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 View on PACER 2 Exhibit second amended complaint View on PACER 3 Text of Proposed Order View on PACER	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 View on PACER	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 View on PACER 2 Text of Proposed Order View on PACER	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 View on PACER	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) View on PACER	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 View on PACER	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 View on PACER	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 View on PACER 2 Text of Proposed Order View on PACER	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 View on PACER 2 certificates View on PACER 3 Text of Proposed Order View on PACER	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 View on PACER 2 Text of Proposed Order View on PACER	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 View on PACER 2 certificates View on PACER 3 Text of Proposed Order View on PACER	Sept. 6, 2004	PACER
35	NOTICE by C. Alan Powell of interested persons (Attachments: # 1 certificates)(Claiborne, William) (Entered: 09/08/2004) 1 certificates View on PACER	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 View on PACER	Sept. 16, 2004	PACER
39	NOTICE by C. Alan Powell Certificate of Discovery (Attachments: # 1 certificates)(Claiborne, William) (Entered: 09/16/2004) 1 certificates View on PACER	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 View on PACER 2 certificates View on PACER	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 View on PACER	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 View on PACER 2 Exhibit third amended complaint View on PACER 3 certificates View on PACER 4 Text of Proposed Order View on PACER	Sept. 20, 2004	PACER
75	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
44	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
45	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
46	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
47	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
50	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
51	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
52	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
53	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 View on PACER	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
55	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 View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	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 View on PACER 2 Text of Proposed Order View on PACER	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 View on PACER 2 Certificates View on PACER	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 View on PACER 2 Certificates View on PACER	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. View on PACER	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 View on PACER	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 View on PACER 2 Certificates View on PACER	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 View on PACER	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 View on PACER	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 View on PACER	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 View on PACER 2 Text of Proposed Order View on PACER	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 View on PACER 2 Text of Proposed Order View on PACER	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 View on PACER 2 certificates View on PACER 3 Text of Proposed Order View on PACER	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 View on PACER	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 View on PACER	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 View on PACER 2 Text of Proposed Order View on PACER	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 View on PACER 2 Text of Proposed Order View on PACER	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 View on PACER	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: