Case: Fluellen v. Wetherington

1:02-cv-00479 | U.S. District Court for the Northern District of Georgia

Filed Date: Feb. 20, 2002

Closed Date: 2003

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Case Summary

On February 20, 2002, a group of prisoners with mental illness and/or intellectual disabilities incarcerated at Phillips State Prison filed a 42 U.S.C. §1983 class action lawsuit against the Georgia Department of Corrections and Phillips State Prison in the U.S. District Court for the Northern District of Georgia (Atlanta Division). Plaintiffs alleged that they were subject to physical, mental, and sexual abuse, excessive use of force, improper and prolonged placement in administrative and disciplinary segregation, and an on-going risk of suicide, self-injury, and death, in violation of the Eighth and Fourteenth Amendments to the U.S. Constitution, the Rehabilitation Act, 29 U.S.C. § 794, and the Americans with Disabilities Act, 42 U.S.C. § 12131, et seq.

Plaintiffs sought to represent a class of "all individuals whose abilities to cope with the demands of life within the correctional environment are impaired or in need of monitoring due to mental illness and/or an intellectual disability, who are now or will be in the future incarcerated in Phillips State Prison." On March 21, 2003, the District Court (Judge Julie E. Carnes) denied, without prejudice, Plaintiffs' motion for class certification on grounds that the definition of the proposed class was too vague and indefinite to be workable and that Plaintiffs failed to meet the prerequisites of numerosity, commonality, typicality, and adequacy of representation. The court thereby severed the claims of each individual plaintiff, directing them to file individual complaints within thirty days of the court's Order.

The court specified that the individual claim of Plaintiff Lacoya Fluellen would continue to be maintained in the current action (styled Fluellen, et al. v. Wetherington, et al., 1:02-CV-479-JEC) but that Fluellen, like the other individual plaintiffs, would have to file an amended complaint within thirty days. The court further emphasized the its refusal to certify the class was without prejudice and that, if the plaintiffs could, in the future, more adequately define the proposed class, the court would again consider a motion for class certification.

Fluellen, however, feared for his safety at Phillips State Prison and wished to transfer out of the facility. (See Ralph v. Adams, Order [Denying Defendant's Motion to Dismiss]). Because he could not accept such transfer while the lawsuit was pending, Fluellen, on April 9, 2003, dismissed his claim without prejudice. The case was terminated on the same day.

The District Court stated that, given the procedural posture, the voluntary dismissal by Fluellen meant that there was no longer any case. (See Ralph v. Adams, Order [Denying Defendant's Motion to Dismiss]) An amended class action complaint would thus have to be filed in the name of a different plaintiff. Consequently, Plaintiff's counsel chose Richard Ralph to be the named plaintiff in the purported class action and, on January 29, 2004, filed an amended class action complaint in the related case of Ralph v. Adams.

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Summary Authors

Vidhya Reddy (3/4/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/20768216/parties/fluellen-v-wetherington/

Judge(s)

Carnes, Julie E. (Georgia)

Attorney for Plaintiff

Baker, Thurbert E. (Georgia)

Bright, Stephen B. (Georgia)

Caldas, Tamara Serwer (Georgia)

Attorney for Defendant

Amideo, William F. (Georgia)

Judge(s)

Carnes, Julie E. (Georgia)

Attorney for Plaintiff

Baker, Thurbert E. (Georgia)

Bright, Stephen B. (Georgia)

Caldas, Tamara Serwer (Georgia)

Chartoff, Marion D. (Georgia)

Geraghty, Sarah E. (Georgia)

Kung, Lisa L. (Georgia)

Serwer, Tamara H. (Georgia)

Attorney for Defendant

Amideo, William F. (Georgia)

Hennkel, Craig (Georgia)

Jones, John Custer (Georgia)

Pacious, Kathleen Mary (Georgia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:02-cv-00479	Docket [PACER]	May 14, 2004	May 14, 2004 Docket
10 1:02-cv-00479	First Amended Complaint (Refiled)	March 20, 2002	March 20, 2002 Complaint
32 1:02-cv-00479	Order	March 21, 2003	March 21, 2003 Order/Opinion 2003 U.S.Dist.LEXIS 21712
35 1:02-cv-00479	Order Pursuant to Federal Rule 41 Granting Voluntary Dismissal of Civil Action	April 9, 2003	April 9, 2003 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/20768216/fluellen-v-wetherington/

Last updated Nov. 12, 2025, 4:08 a.m.

ECF Number	Description	Date	Link 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 FILING FEE $ 150.00 RECEIPT # 484517 (syh) (Entered: 02/22/2002)	Feb. 20, 2002	Feb. 20, 2002
2	MOTION by plaintiffs for class certification with brief in support. (syh) Modified on 02/28/2002 (Entered: 02/22/2002)	Feb. 20, 2002	Feb. 20, 2002
	SUBMITTED to Judge Julie E. Carnes on [2-1] motion for class certification (jph)	March 12, 2002	March 12, 2002
3	MOTION by defendants for a more definite statement with brief in support. (jph) (Entered: 03/14/2002)	March 13, 2002	March 13, 2002
4	Response by plaintiff to [3-1] motion for a more definite statement (jph) (Entered: 03/18/2002)	March 15, 2002	March 15, 2002
5	AMENDED COMPLAINT by plaintiff adding Eddie Evans, Eleanor Brown (jph) (Entered: 03/18/2002)	March 15, 2002	March 15, 2002
	SUBMITTED to Judge Julie E. Carnes on [3-1] motion for a more definite statement (FILE IN CHAMBERS) (jph)	March 18, 2002	March 18, 2002
6	ORDER by Judge Julie E. Carnes striking [1-1] complaint, [2-1] motion for class certification, [4-1] response, and [5-1] amended complaint. Pla is directed to refile them w/i 5 days. Parties are reminded to comply w/LR 5.1B regarding font (cc by CRD) (jph) Modified on 03/20/2002 (Entered: 03/20/2002)	March 19, 2002	March 19, 2002
10	REFILED AMENDED COMPLAINT by plaintiff adding Eddie Evans and Eleanor Brown (jph) (Entered: 03/21/2002)	March 20, 2002	March 20, 2002
7	COMPLAINT refiled (jph) (Entered: 03/21/2002)	March 20, 2002	March 20, 2002
8	REFILED MOTION by plaintiff for class certification with brief in support. (jph) Modified on 03/21/2002 (Entered: 03/21/2002)	March 20, 2002	March 20, 2002
9	REFILED Response by plaintiffs to [3-1] motion for a more definite statement (jph) Modified on 03/21/2002 (Entered: 03/21/2002)	March 20, 2002	March 20, 2002
	SUBMITTED to Judge Julie E. Carnes on [8-1] motion for class certification and [3-1] motion for a more definite statement (jph)	March 21, 2002	March 21, 2002
11	Objections by defendants to [8-1] motion for class certification (jph) (Entered: 04/02/2002)	April 1, 2002	April 1, 2002
12	Reply brief to [3-1] motion for a more definite statement by defendants. (jph) (Entered: 04/09/2002)	April 8, 2002	April 8, 2002
13	MOTION by defendants to dismiss with brief in support. (jph) (Entered: 04/09/2002)	April 8, 2002	April 8, 2002
14	ORDER by Judge Julie E. Carnes directing dft to file a reply brief w/i 10 days to pla's response to [3-1] motion for a more definite statement setting out the specific info they seek (cc by CRD) (jph) (Entered: 04/10/2002)	April 9, 2002	April 9, 2002
	Terminated submissions. (jph)	April 9, 2002	April 9, 2002
15	Joint MOTION to extend time thru 4/26/02 for filing LR 16.2 Preliminary report and discovery schedule (to JEC) (jph) (Entered: 04/11/2002)	April 10, 2002	April 10, 2002
16	REPLY by plaintiff to response to [8-1] motion for class certification (jph) (Entered: 04/16/2002)	April 15, 2002	April 15, 2002
17	CONSENT ORDER by Judge Julie E. Carnes GRANTING [15-1] joint motion to extend time thru 4/26/02 for filing LR 16.2 Preliminary report and discovery schedule (cc) (jph) (Entered: 04/17/2002)	April 16, 2002	April 16, 2002
18	Response by plaintiff to [13-1] motion to dismiss (jph) (Entered: 04/17/2002)	April 16, 2002	April 16, 2002
	SUBMITTED to Judge Julie E. Carnes on [8-1] motion for class certification, [3-1] motion for a more definite statement (jph)	April 16, 2002	April 16, 2002
19	Preliminary Report and Discovery Schedule. (to judge) (jph) (Entered: 04/29/2002)	April 26, 2002	April 26, 2002
	SUBMITTED to Judge Julie E. Carnes on [13-1] motion to dismiss (FILE IN CHAMBERS) (jph)	April 26, 2002	April 26, 2002
20	MOTION by plaintiff for leave to supplement the response to pre-answer motion to dismiss with supplement to response. (jph) (Entered: 05/30/2002)	May 24, 2002	May 24, 2002
21	MOTION by defendants to dismiss plas Lane Cherry, Robert Hampton, and Norman Maddox based upon mootness with brief in support. (jph) (Entered: 05/31/2002)	May 29, 2002	May 29, 2002
22	Response by plaintiffs to [21-1] motion to dismiss plas Lane Cherry, Robert Hampton, and Norman Maddox based upon mootness (jph) (Entered: 06/17/2002)	June 13, 2002	June 13, 2002
	SUBMITTED to Judge Julie E. Carnes on [20-1] motion for leave to supplement the response to pre-answer motion to dismiss (FILE IN CHAMBERS) (jph)	June 14, 2002	June 14, 2002
	SUBMITTED to Judge Julie E. Carnes on [21-1] motion to dismiss plas Lane Cherry, Robert Hampton, and Norman Maddox based upon mootness (FILE IN CHAMBERS) (jph)	June 18, 2002	June 18, 2002
23	ENDORSED ORDER by Judge Julie E. Carnes APPROVING [19-1] preliminary statement (cc) (jph) (Entered: 08/27/2002)	Aug. 23, 2002	Aug. 23, 2002
24	SCHEDULING ORDER by Judge Julie E. Carnes regarding request of discovery. The Court will determine when the discovery period begins when it issues an Order on the motions to dismiss. The Court directs the parties to present a joint status memorandum by 10/18/02. [24-1] order to be submitted on 10/21/02 (cc) (jph) (Entered: 08/28/2002)	Aug. 27, 2002	Aug. 27, 2002
25	Joint MOTION to extend time for filing joint status memorandum (to JEC) (jph) (Entered: 10/21/2002)	Oct. 18, 2002	Oct. 18, 2002
26	CONSENT ORDER by Judge Julie E. Carnes GRANTING [25-1] joint motion to extend time for filing joint status memorandum until 11/8/02 (cc) (jph) (Entered: 10/29/2002)	Oct. 28, 2002	Oct. 28, 2002
27	STATUS REPORT by plaintiffs on Joint Status Memorandum. (jph) (Entered: 11/12/2002)	Nov. 8, 2002	Nov. 8, 2002
28	UNILATERAL STATUS REPORT by defendants per order of 8/27/02 (jph) (Entered: 11/14/2002)	Nov. 12, 2002	Nov. 12, 2002
29	Addendum to [27-1] status report by plaintiffs (jph) (Entered: 11/14/2002)	Nov. 14, 2002	Nov. 14, 2002
	SUBMITTED to Judge Julie E. Carnes on [24-1] order, [28-1] status report, and [27-1] status report (FILE IN CHAMBERS) (jph)	Dec. 18, 2002	Dec. 18, 2002
30	MOTION by plaintiffs for preliminary injunction with brief in support. (jph) (Entered: 02/24/2003)	Feb. 20, 2003	Feb. 20, 2003
31	Response by defendants to [30-1] motion for preliminary injunction. (jph) (Entered: 03/12/2003)	March 10, 2003	March 10, 2003
	SUBMITTED to Judge Julie E. Carnes on [30-1] motion for preliminary injunction (FILE IN CHAMBERS) (jph)	March 12, 2003	March 12, 2003
	SUBMITTED to Judge Julie E. Carnes on (jph)	March 13, 2003	March 13, 2003
32	ORDER by Judge Julie E. Carnes DENYING without prejudice [3-1] motion for a more definite statement by defendants, DENYING without prejudice [8-1] motion for class certification by plaintiffs, DENYING without prejudice [13-1] motion to dismiss by defendants; Answer to complaint due 3/31/03 for all defendants, GRANTING [20-1] motion for leave to supplement the response to pre-answer motion to dismiss, DENYING without prejudice [21-1] motion to dismiss plas Lane Cherry, Robert Hampton, and Norman Maddox based upon mootness by defendants. Pla Fluellen shall file an amended complaint within 30 days from this order. The Court further severs the claims of the remining twenty plas and directs these plas to file individual complaints, within 30 days of this order. The Clerk shall be directed to docket each such complaint under its own individual case number. A status conference is scheduled for 4/10/03 at 10:00am (cc by CRD) (jph) (Entered: 03/24/2003)	March 21, 2003	March 21, 2003
	Terminated submissions. (aar)	March 28, 2003	March 28, 2003
33	MOTION by plaintiffs for reconsideration of [32-1] order denying class certification, and for leave to amend complaint with brief in support. (jph) (Entered: 04/09/2003)	April 7, 2003	April 7, 2003
34	VOLUNTARY DISMISSAL by plaintiff LaCoya Fluellen pursuant to Rule 41(a)(1)(i), FRCP. (to JEC) (jph) (Entered: 04/09/2003)	April 7, 2003	April 7, 2003
35	ORDER by Judge Julie E. Carnes GRANTING [34-1] voluntary dismissal without prejudice pursuant to FRCP 41(a)(1)(i). (cc) (jph) (Entered: 04/09/2003)	April 9, 2003	April 9, 2003
	Case terminated. (jph)	April 9, 2003	April 9, 2003
36	Motion HEARING held before Judge Julie E. Carnes regarding [30-1] motion for preliminary injunction. Court directed pla to pick new pla and file an amended complaint and parties conduct discovery for 90 days. (jph) (Entered: 04/10/2003)	April 10, 2003	April 10, 2003
	VERBAL ORDER by Judge Julie E. Carnes DENYING W/O PREJUDICE [30-1] motion for preliminary injunction by plaintiffs. Motion for reconsideration will remain pending. (jph)	April 10, 2003	April 10, 2003
37	Response by defendants to [33-1] motion for reconsideration of [32-1] order denying class certification, [33-2] motion for leave to amend complaint (jph) (Entered: 04/21/2003)	April 18, 2003	April 18, 2003
	Proposed Amended Complaint by plaintiff Richard Ralph. (to JEC) (jph)	July 8, 2003	July 8, 2003
38	MOTION by defendants to dismissi as to Richard Ralph with brief in support. (jph) (Entered: 07/24/2003)	July 22, 2003	July 22, 2003
39	Response by plaintiff Richard Ralph to [38-1] motion to dismiss as to Richard Ralph. (jph) (Entered: 08/01/2003)	July 30, 2003	July 30, 2003
	SUBMITTED to Judge Julie E. Carnes on [32-1] order and [0-0] amended complaint(In chambers) (jph)	Aug. 1, 2003	Aug. 1, 2003
40	REPLY by defendant to response to [38-1] motion to dismissi as to Richard Ralph (jph) (Entered: 08/05/2003)	Aug. 4, 2003	Aug. 4, 2003
	SUBMITTED to Judge Julie E. Carnes on [38-1] motion to dismiss as to Richard Ralph (FILE IN CHAMBERS) (jph)	Aug. 12, 2003	Aug. 12, 2003
41	ORDER by Judge Julie E. Carnes DENYING the [38-1] motion to dismiss by defendants. The Court DIRECTS the clerk to assign the Amended Complaint a new civil action number to establish Richard Ralph v. Alan Adams and Michelle Martin as a new case. (See civil action number: 1:04-cv-257-JEC.) (cc by CRD) (aaq) Modified on 01/30/2004 (Entered: 01/30/2004)	Jan. 29, 2004	Jan. 29, 2004
	Terminated submissions. (aaq)	Jan. 30, 2004	Jan. 30, 2004
42	MOTION by defendant for reconsideration of [41-1] order with brief in support. (jph) (Entered: 02/03/2004)	Feb. 3, 2004	Feb. 3, 2004
43	Dft's Withdrawal of [42-1] motion for reconsideration of [41-1] order due to mootness. (jlm) (Entered: 02/09/2004)	Feb. 6, 2004	Feb. 6, 2004
	Pla Richard Ralph's Response to [43-1] withdrawal filed in 1:04-257-JEC on 2/13/04) (jlm)	Feb. 17, 2004	Feb. 17, 2004
44	Certificate of service as to defendants re: Dft's response to pla's first interrogatories. (jlm) (Entered: 05/18/2004)	May 14, 2004	May 14, 2004

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Case Details

State / Territory:

Georgia

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 20, 2002

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates at Phillips State Prison whose abilities to cope with the demands of life within the correctional environment are impaired or in need of monitoring due to mental illness and/or mental retardation [Class Not Certified]

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Center for Human Rights (SCHR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Phillips State Prison, State

Georgia Department of Corrections, State

Facility Type(s):