Case: Hicks v. Moore

2:02-cv-00036 | U.S. District Court for the Northern District of Georgia

Filed Date: March 15, 2002

Closed Date: Oct. 24, 2005

Clearinghouse coding complete

Case Summary

This case was brought on March 15, 2002 in the United States District Court for the Northern District of Georgia by a woman who was strip searched after being arrested as the chief aggressor in a domestic dispute with her estranged husband. Plaintiff, represented by private counsel, plead federal and state law claims. She sought damages for the search and for the conduct of a male officer who took her fingerprints in such a way as to make unecessary contact with her breasts and pelvis.The Distr…

This case was brought on March 15, 2002 in the United States District Court for the Northern District of Georgia by a woman who was strip searched after being arrested as the chief aggressor in a domestic dispute with her estranged husband. Plaintiff, represented by private counsel, plead federal and state law claims. She sought damages for the search and for the conduct of a male officer who took her fingerprints in such a way as to make unecessary contact with her breasts and pelvis.

The District Court (Judge William C. O'Kelley, Jr.) denied the defendants' assertion of immunity and the defendants took an interlocutory appeal.

The United States Court of Appeals for the Eleventh Circuit (Chief Judge Edmonson) held that the individual officer was not entitled to immunity and that further fact development was called for, and that although a blanket strip search policy is not constitutional, each search must be examined on its own facts. Here, the officers claimed to have reasonably believed that plaintiff was concealing a weapon.

The decision was thus reversed in part, affirmed in part, and remanded.

According to the docket, the case was voluntarily dismissed, though we have no information about a settlement.

We have no further information about this case.

Summary Authors

Denise Heberle (3/20/2012)

People


Judge(s)

Edenfield, Berry Avant (Georgia)

Edmondson, James Larry (Georgia)

Hull, Frank M. (Georgia)

O'Kelley, William Clark (Georgia)

Attorneys(s) for Plaintiff

Delius, Scott Dewitt (Georgia)

Maguire, Joseph Matthew Jr. (Georgia)

Attorneys(s) for Defendant

Williams, Terry Eugene (Georgia)

Judge(s)

Edenfield, Berry Avant (Georgia)

Edmondson, James Larry (Georgia)

Hull, Frank M. (Georgia)

O'Kelley, William Clark (Georgia)

Attorneys(s) for Plaintiff

Delius, Scott Dewitt (Georgia)

Maguire, Joseph Matthew Jr. (Georgia)

Attorneys(s) for Defendant

Williams, Terry Eugene (Georgia)

Documents in the Clearinghouse

Document

Docket (PACER)

Hicks v. Moore, et al

Oct. 24, 2005 Docket
50

Order [Regarding Defendants' Motion for Summary Judgment]

June 23, 2003 Order/Opinion

Appellate Decision

U. S. Court of Appeals for the Eleventh Circuit

422 F.3d 1246

Aug. 31, 2005 Order/Opinion
61

Consent Order of Dismissal with Prejudice

Oct. 24, 2005 Order/Opinion

Docket

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

ECF Number Description Date Link
1

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 # 247818 (sk) (Entered: 03/15/2002)

March 15, 2002
2

Return of service executed 3/20/02 as to Richard D. Moore, Sheriff, Habersham County, Michael Long on original complaint (sk) (Entered: 03/26/2002)

March 26, 2002

Proposed consent order extending time through 04/20/02 for dfts to answer pla's complaint. (to WCO) (sk) (Entered: 04/10/2002)

April 10, 2002

Added attorney for defendant: Terry Eugene Williams. (sk) (Entered: 04/10/2002)

April 10, 2002
3

CONSENT ORDER by William C. O'Kelley, extending time through 4/20/02 for dfts to answer [1-1] complaint , Answer due 4/20/02 for Michael Long, for Richard D. Moore (cc) (djh) (Entered: 04/11/2002)

April 10, 2002
4

ANSWER by defendants Richard D. Moore, Michael Long to complaint [1-1] Discovery ends 9/19/02; jury demand (sk) (Entered: 04/22/2002)

April 22, 2002
5

Preliminary Report and Discovery Schedule. (to WCO) (sk) (Entered: 05/21/2002)

May 21, 2002
6

Certificate of interested persons. (sk) (Entered: 05/21/2002)

May 21, 2002

ENDORSED ORDER by William C. O'Kelley APPROVING [5-1] preliminary report and discovery schedule. (cc by CRD) (sk) (Entered: 05/28/2002)

May 24, 2002
7

RESPONSES TO INITIAL DISCLOSURES by plaintiff (sk) (Entered: 06/04/2002)

June 4, 2002
8

Notice of filing of change of address by plaintiff attorney, Scott D. Delius. (to SE) (sk) (Entered: 06/04/2002)

June 4, 2002
9

ANSWERS TO INITIAL DISCLOSURES by dfts. (djh) (Entered: 06/19/2002)

June 18, 2002
10

Notice to take deposition of Michael Long by plaintiff. (sk) (Entered: 07/10/2002)

July 10, 2002
11

Notice to take deposition of John Taylor by plaintiff. (sk) (Entered: 07/10/2002)

July 10, 2002
12

Notice to take deposition of Lisa Ann Rogers by plaintiff (sk) (Entered: 07/25/2002)

July 24, 2002
14

Joint MOTION to extend time through 11/22/02 for discovery with proposed order in support. (to WCO) (sk) (Entered: 09/06/2002)

Sept. 6, 2002
15

CONSENT ORDER by William C. O'Kelley GRANTING [14-1] joint motion to extend time through 11/22/02 for discovery, Discovery ends 11/22/02 (Approved by the Direction of the Court)(cc by CRD) (sk) Modified on 09/09/2002 (Entered: 09/09/2002)

Sept. 6, 2002
16

MOTION by plaintiff for leave to amend complaint with brief and exhibits in support. (sk) (Entered: 09/23/2002)

Sept. 23, 2002

SUBMITTED to William C. O'Kelley on [16-1] motion for leave to amend complaint (sk) (Entered: 10/10/2002)

Oct. 10, 2002
17

ORDER by William C. O'Kelley GRANTING [16-1] motion for leave to amend complaint by substituting Jennie Clouatre, Joshua Highfill, John Taylor & Russell Gosnell for the previously unnamed defendants. Additionally, she wishes to add Brian Ausburn and Habersham County as defendants and assert a punitive damages claim against defendant Moore in his individually capacity. (cc) (sk) Modified on 11/13/2002 (Entered: 10/25/2002)

Oct. 23, 2002
18

Joint MOTION to extend time through 02/20/03 for discovery with proposed consent order. (to WCO) (sk) (Entered: 10/29/2002)

Oct. 28, 2002
19

CONSENT ORDER by William C. O'Kelley GRANTING [18-1] joint motion to extend time through 02/20/03 for discovery, Discovery ends 2/20/03 (cc) (sk) (Entered: 11/06/2002)

Nov. 4, 2002
21

Notice by CRD, status conference set for 2:00 P.M. on 12/17/02 . (cc by CRD) (sk) (Entered: 11/13/2002)

Nov. 12, 2002
20

AMENDED VERIFIED COMPLAINT for damages and injunctive relief by plaintiff; jury demand (sk) (Entered: 11/13/2002)

Nov. 13, 2002

Terminated submissions. (sk) (Entered: 11/14/2002)

Nov. 14, 2002
22

Notice by CRD, status conference set for 2:00 P.M. on 12/19/02 . (cc by CRD) (sk) (Entered: 11/25/2002)

Nov. 22, 2002
23

ANSWER to amended complaint [20-1] by Michael Long, Brian Ausburn, Habersham County, GA, Jennie Clouatre, Joshua Highfill, John Taylor, Russell Gosnell; jury demand (sk) (Entered: 11/26/2002)

Nov. 26, 2002
24

STATUS CONFERENCE HELD before William C. O'Kelley (djh) (Entered: 12/20/2002)

Dec. 19, 2002
25

SUPPLEMENTAL RESPONSES TO INITIAL DISCLOSURES by plaintiff (sk) (Entered: 02/20/2003)

Feb. 19, 2003
26

MOTION by plaintiff to permit offer of expert witness , and to extend time 60 days for discovery with brief in support. (sk) (Entered: 02/20/2003)

Feb. 19, 2003

SUBMITTED to William C. O'Kelley on [26-2] motion to extend time 60 days for discovery, [26-1] motion to permit offer of expert witness (sk) (Entered: 03/10/2003)

March 10, 2003
28

Response by defendants' to [26-1] motion to permit offer of expert witness, [26-2] motion to extend time 60 days for discovery with memorandum of law in support. (sk) (Entered: 03/10/2003)

March 10, 2003
29

ORDER by William C. O'Kelley DENYING [26-1] motion to permit offer of expert witness by Janet M. Hicks, DENYING [26-2] motion to extend time 60 days for discovery by Janet M. Hicks (cc by CRD) (djh) (Entered: 03/20/2003)

March 20, 2003
30

Reply Brief by plaintiff in support of [26-1] motion to permit offer of expert witness, [26-2] motion to extend time 60 days for discovery (sk) (Entered: 03/24/2003)

March 24, 2003
31

MOTION by defendants to exceed page limitation with brief and proposed order in support. (to WCO) (sk) (Entered: 04/03/2003)

April 3, 2003
32

ORDER by William C. O'Kelley GRANTING [31-1] motion to exceed page limitation; allowing dfts up to 45 pages to present their brief in support of motion for sum jgm. (cc by CRD) (sk) (Entered: 04/04/2003)

April 4, 2003
33

MOTION by defendants' for summary judgment with brief and statement of material facts to which there exists no genuine issue to be tried in support. (sk) (Entered: 04/08/2003)

April 8, 2003
34

Notice of filing by defendant of original discovery (DEPO of Janet Hicks), Errarta sheet for depo of Janet Hicks, and request for filing of original discovery. (sk) Modified on 04/09/2003 (Entered: 04/08/2003)

April 8, 2003
35

Deposition of Janet M. Hicks taken for defendants. (sk) (Entered: 04/08/2003)

April 8, 2003
36

MOTION by plaintiff to exceed page limitation with brief in support with proposed order. (to WCO) (sk) (Entered: 04/22/2003)

April 22, 2003
37

Brief by plaintiff in opposition to [33-1] motion for summary judgment with statement of material facts to which there exists a genuine issue to be tried, and response to defendants' statement of material facts to which there exists no genuine issue to be tried. (sk) (Entered: 04/25/2003)

April 24, 2003
38

Notice of filing of original discovery by plaintiff with plaintiff's first request for admissions of Richard D. Moore and plaintiff's first interrogatories to Richard D. Moore in support. (DEPOS of John Taylor, Joshua Highfill, Jeannie Clouatre, Michael Long, Russell Gosnell, Brian Ausburn) (sk) Modified on 04/25/2003 (Entered: 04/25/2003)

April 24, 2003
39

Deposition of John Taylor taken for plaintiff (sk) (Entered: 04/25/2003)

April 24, 2003
40

Deposition of Joshua Highfill taken for plaintiff (sk) (Entered: 04/25/2003)

April 24, 2003
41

Deposition of Jeannie Clouatre taken for plaintiff (sk) (Entered: 04/25/2003)

April 24, 2003
42

Deposition of Michael Long taken for plaintiff (sk) (Entered: 04/25/2003)

April 24, 2003
44

Deposition of Brian Ausburn taken for plaintiff (sk) (Entered: 04/25/2003)

April 24, 2003

Proposed consent order by plaintiff. (to WCO) (sk) (Entered: 04/25/2003)

April 24, 2003
45

ORDER by William C. O'Kelley GRANTING [36-1] motion to exceed page limitation in plaintiff's brief to dfts' motion for sum jgm. (cc by CRD) (sk) (Entered: 04/30/2003)

April 29, 2003
46

CONSENT ORDER by William C. O'Kelley GRANTING plaintiff's motion (motion not filed in clerk's office) to rely upon original depositions taken and filed in Marilyn Snyder v. Richard D. Moore, et al, civil action no. 2:01-cv-0181-WCO. (DEPOS of Richard Moore, Josh Highfill, Amanda Allen, Barry Lipsitz)(cc by CRD) (sk) Modified on 10/29/2003 (Entered: 04/30/2003)

April 29, 2003

SUBMITTED to William C. O'Kelley on [33-1] motion for summary judgment (djh) (Entered: 05/06/2003)

May 6, 2003
47

Notice of Objection by defendant to plaintiff's [37-1] statement of material facts to which there exists a genuine issue to be tried. (sk) (Entered: 05/12/2003)

May 12, 2003
48

Reply Brief by defendants' in support of their [33-1] motion for summary judgment (sk) (Entered: 05/12/2003)

May 12, 2003
49

Notice of filing change of firm name by pla's cnsl. (to SE) (djh) (Entered: 06/16/2003)

June 16, 2003
50

ORDER by William C. O'Kelley GRANTING IN PART AND DENYING IN PART [33-1] motion for summary judgment by dfts; summary jgm is DENIED as to the 1983 claims against dfts Moore, Gosnell, Ausburn, Highfill & Clouatre; summary jgm is also DENIED as to the claim of assault and battery against dft Highfilli; summary jgm is GRANTED as to all other claims on which dfts have moved for sum jgm. Clerk is DIRECTED to set this case for trial. (cc by CRD) (sk) (Entered: 06/23/2003)

June 23, 2003
51

Notice by CRD, jury trial set for 9:30 8/11/03 , pretrial conference set for 10:00 8/7/03 , pre-trial order due on 7/23/03 . (cc by CRD) (sk) (Entered: 06/30/2003)

June 30, 2003
52

NOTICE OF APPEAL by defendants Richard D. Moore, Michael Long, Jennie Clouatre, Joshua Highfill, John Taylor, Russell Gosnell, Brian Ausburn from [50-1] order Appeal information sheet due 8/4/03 (sk) (Entered: 07/21/2003)

July 21, 2003

Certified copy of notice of appeal, [50-1] order, [33-1] motion, docket to USCA RE: [52-1] appeal (sk) (Entered: 07/21/2003)

July 21, 2003

Appeal fees received FILING FEE $ 105.00 RECEIPT # 323707 RE: [52-1] appeal USCA dkt no. 03-13686-I (sk) (Entered: 07/24/2003)

July 24, 2003
53

Appeal information sheet RE: [52-1] appeal - USCA dkt # 03-13686-I COR due 8/3/03 (sk) (Entered: 07/24/2003)

July 24, 2003
54

Acknowledgment by USCA RE: [52-1] appeal USCA dkt no. 03-13686-I (sk) (Entered: 07/24/2003)

July 24, 2003
55

Notice of filing of change of address of pla counsel. (to SE) (sk) (Entered: 08/18/2003)

Aug. 18, 2003

USCA acknowledgment of COR RE: [52-1] appeal USCA # 03-13686-I (sk) (Entered: 08/18/2003)

Aug. 18, 2003

1st Supplemental CERTIFICATE OF READINESS of appeal record with certified copy of docket mailed to USCA RE: [52-1] appeal USCA # 03-13686-I (sk) (Entered: 10/29/2003)

Oct. 29, 2003

FORTHWITH LETTER from USCA regarding [52-1] appeal. USCA dkt no. 03-13686-I Appeal record due on 11/8/03. (e-mail) (sk) (Entered: 10/29/2003)

Oct. 29, 2003

Certified and transmitted record to USCA RE: [52-1] appeal USCA dkt no. 03-13686-I. ( 3 vol pleadings, 11 vol depos) (sk) (Entered: 10/29/2003)

Oct. 29, 2003

USCA acknowledgment of ROA RE: [52-1] appeal USCA # 03-13686-I. (sk) (Entered: 11/07/2003)

Nov. 7, 2003

USCA acknowledgment of 1st suppl COR RE: [52-1] appeal USCA # 03-13686-I (djh) (Entered: 11/12/2003)

Nov. 12, 2003
56

Appeal Record Returned: 52 Notice of Appeal Case Appealed to USCA/11th circuit Case Number 03-13686-II. (11 vol depos, 3 vol pleading) (sk) (Entered: 09/30/2005)

Sept. 30, 2005
57

Certified copy of JUDGMENT of USCA AFFIRMING in part, REVERSING in part the decision of the District Court and REMANDING the case re:52 Notice of Appeal filed by John Taylor, Joshua Highfill, Richard D. Moore, Michael Long, Brian Ausburn, Jennie Clouatre, Russell Gosnell. Case Appealed to USCA/11th Circuit Case Number 03-13686. (sk) (Entered: 10/03/2005)

Sept. 30, 2005

Appeal Deadlines Terminated (sk) (Entered: 10/04/2005)

Sept. 30, 2005
58

ORDER making the USCA mandate the judgment of this Court re 52 Notice of Appeal. USCA Appeal Number 03-13686-II. Signed by Judge William C. O'Kelley on 10/7/2005. (djh) (Entered: 10/13/2005)

Oct. 11, 2005
59

NOTICE of Hearing: Status Conference set for 11/1/2005 10:00 AM before Judge William C. O'Kelley in the Third Floor Chambers. (dww) (Entered: 10/18/2005)

Oct. 18, 2005
60

NOTICE of Voluntary Dismissal With Prejudice filed by Janet M. Hicks (Maguire, Joseph) (Entered: 10/21/2005)

Oct. 21, 2005
61

Consent Order of Dismissal with prejudice. Signed by Judge William C. O'Kelley on 10/24/05. (sk) (Entered: 10/24/2005)

Oct. 24, 2005

Civil Case Terminated. (sk) (Entered: 10/24/2005)

Oct. 24, 2005

State / Territory: Georgia

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: March 15, 2002

Closing Date: Oct. 24, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Female individual arrested for domestic dispute was subjected to strip-search and tortious fingerprinting prior to being placed into general population in Habersham County Jail.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Habersham County (Habersham), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Assault/abuse by staff

Strip search policy

Affected Gender:

Female

Type of Facility:

Government-run