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

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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…

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

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17923200/parties/hicks-v-moore/

Judge(s)

O'Kelley, William Clark (Georgia)

Attorney for Plaintiff

Delius, Scott Dewitt (Georgia)

Maguire, Joseph Matthew (Georgia)

Attorney for Defendant

Williams, Terry Eugene (Georgia)

Judge(s)

O'Kelley, William Clark (Georgia)

Attorney for Plaintiff

Delius, Scott Dewitt (Georgia)

Maguire, Joseph Matthew (Georgia)

Attorney for Defendant

Williams, Terry Eugene (Georgia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:02-cv-00036	Docket (PACER) Hicks v. Moore, et al	Oct. 24, 2005	Oct. 24, 2005 Docket
50 2:02-cv-00036	Order [Regarding Defendants' Motion for Summary Judgment]	June 23, 2003	June 23, 2003 Order/Opinion
03-13686	Appellate Decision U.S. Court of Appeals for the Eleventh Circuit	Aug. 31, 2005	Aug. 31, 2005 Order/Opinion 422 F.3d 1246
61 2:02-cv-00036	Consent Order of Dismissal with Prejudice	Oct. 24, 2005	Oct. 24, 2005 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17923200/hicks-v-moore/

Last updated June 19, 2026, 6:32 a.m.

ECF Number	Date	Description	Link
1	March 15, 2002	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)	RECAP
2	March 26, 2002	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)	RECAP
3	April 10, 2002	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)	RECAP
	April 10, 2002	Proposed consent order extending time through 04/20/02 for dfts to answer pla's complaint. (to WCO) (sk)
	April 10, 2002	Added attorney for defendant: Terry Eugene Williams. (sk)
4	April 22, 2002	ANSWER by defendants Richard D. Moore, Michael Long to complaint [1-1] Discovery ends 9/19/02; jury demand (sk) (Entered: 04/22/2002)	RECAP
5	May 21, 2002	Preliminary Report and Discovery Schedule. (to WCO) (sk) (Entered: 05/21/2002)	RECAP
6	May 21, 2002	Certificate of interested persons. (sk) (Entered: 05/21/2002)	RECAP
	May 24, 2002	ENDORSED ORDER by William C. O'Kelley APPROVING [5-1] preliminary report and discovery schedule. (cc by CRD) (sk)
7	June 4, 2002	RESPONSES TO INITIAL DISCLOSURES by plaintiff (sk) (Entered: 06/04/2002)	RECAP
8	June 4, 2002	Notice of filing of change of address by plaintiff attorney, Scott D. Delius. (to SE) (sk) (Entered: 06/04/2002)	RECAP
9	June 18, 2002	ANSWERS TO INITIAL DISCLOSURES by dfts. (djh) (Entered: 06/19/2002)	RECAP
10	July 10, 2002	Notice to take deposition of Michael Long by plaintiff. (sk) (Entered: 07/10/2002)	RECAP
11	July 10, 2002	Notice to take deposition of John Taylor by plaintiff. (sk) (Entered: 07/10/2002)	RECAP
12	July 24, 2002	Notice to take deposition of Lisa Ann Rogers by plaintiff (sk) (Entered: 07/25/2002)	RECAP
13	July 24, 2002	Notice to take deposition of Jennie Clouatre by plaintiff (sk) (Entered: 07/25/2002)	RECAP
14	Sept. 6, 2002	Joint MOTION to extend time through 11/22/02 for discovery with proposed order in support. (to WCO) (sk) (Entered: 09/06/2002)	RECAP
15	Sept. 6, 2002	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)	RECAP
16	Sept. 23, 2002	MOTION by plaintiff for leave to amend complaint with brief and exhibits in support. (sk) (Entered: 09/23/2002)	RECAP
	Oct. 10, 2002	SUBMITTED to William C. O'Kelley on [16-1] motion for leave to amend complaint (sk)
17	Oct. 23, 2002	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)	RECAP
18	Oct. 28, 2002	Joint MOTION to extend time through 02/20/03 for discovery with proposed consent order. (to WCO) (sk) (Entered: 10/29/2002)	RECAP
19	Nov. 4, 2002	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)	RECAP
21	Nov. 12, 2002	Notice by CRD, status conference set for 2:00 P.M. on 12/17/02 . (cc by CRD) (sk) (Entered: 11/13/2002)	RECAP
20	Nov. 13, 2002	AMENDED VERIFIED COMPLAINT for damages and injunctive relief by plaintiff; jury demand (sk) (Entered: 11/13/2002)	RECAP
	Nov. 14, 2002	Terminated submissions. (sk)
22	Nov. 22, 2002	Notice by CRD, status conference set for 2:00 P.M. on 12/19/02 . (cc by CRD) (sk) (Entered: 11/25/2002)	RECAP
23	Nov. 26, 2002	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)	RECAP
24	Dec. 19, 2002	STATUS CONFERENCE HELD before William C. O'Kelley (djh) (Entered: 12/20/2002)	RECAP
25	Feb. 19, 2003	SUPPLEMENTAL RESPONSES TO INITIAL DISCLOSURES by plaintiff (sk) (Entered: 02/20/2003)	RECAP
26	Feb. 19, 2003	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)	RECAP
27	Feb. 20, 2003	Attorney appearance for plaintiff Janet M. Hicks by Joseph Matthew Maguire Jr. (sk) (Entered: 02/20/2003)	RECAP
28	March 10, 2003	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)	RECAP
	March 10, 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)
29	March 20, 2003	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)	RECAP
30	March 24, 2003	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)	RECAP
31	April 3, 2003	MOTION by defendants to exceed page limitation with brief and proposed order in support. (to WCO) (sk) (Entered: 04/03/2003)	RECAP
32	April 4, 2003	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)	RECAP
33	April 8, 2003	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)	RECAP
34	April 8, 2003	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)	RECAP
35	April 8, 2003	Deposition of Janet M. Hicks taken for defendants. (sk) (Entered: 04/08/2003)	RECAP
36	April 22, 2003	MOTION by plaintiff to exceed page limitation with brief in support with proposed order. (to WCO) (sk) (Entered: 04/22/2003)	RECAP
37	April 24, 2003	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)	RECAP
38	April 24, 2003	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)	RECAP
39	April 24, 2003	Deposition of John Taylor taken for plaintiff (sk) (Entered: 04/25/2003)	RECAP
40	April 24, 2003	Deposition of Joshua Highfill taken for plaintiff (sk) (Entered: 04/25/2003)	RECAP
41	April 24, 2003	Deposition of Jeannie Clouatre taken for plaintiff (sk) (Entered: 04/25/2003)	RECAP
42	April 24, 2003	Deposition of Michael Long taken for plaintiff (sk) (Entered: 04/25/2003)	RECAP
43	April 24, 2003	Deposition of Russell Gosnell taken for plaintiff (sk) (Entered: 04/25/2003)	RECAP
44	April 24, 2003	Deposition of Brian Ausburn taken for plaintiff (sk) (Entered: 04/25/2003)	RECAP
	April 24, 2003	Proposed consent order by plaintiff. (to WCO) (sk)
45	April 29, 2003	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)	RECAP
46	April 29, 2003	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)	RECAP
	May 6, 2003	SUBMITTED to William C. O'Kelley on [33-1] motion for summary judgment (djh)
47	May 12, 2003	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)	RECAP
48	May 12, 2003	Reply Brief by defendants' in support of their [33-1] motion for summary judgment (sk) (Entered: 05/12/2003)	RECAP
49	June 16, 2003	Notice of filing change of firm name by pla's cnsl. (to SE) (djh) (Entered: 06/16/2003)	RECAP
50	June 23, 2003	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)	Clearinghouse
51	June 30, 2003	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)	RECAP
52	July 21, 2003	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)	RECAP
	July 21, 2003	Certified copy of notice of appeal, [50-1] order, [33-1] motion, docket to USCA RE: [52-1] appeal (sk)
53	July 24, 2003	Appeal information sheet RE: [52-1] appeal - USCA dkt # 03-13686-I COR due 8/3/03 (sk) (Entered: 07/24/2003)	RECAP
54	July 24, 2003	Acknowledgment by USCA RE: [52-1] appeal USCA dkt no. 03-13686-I (sk) (Entered: 07/24/2003)	RECAP
	July 24, 2003	Appeal fees received FILING FEE $ 105.00 RECEIPT # 323707 RE: [52-1] appeal USCA dkt no. 03-13686-I (sk)
	Aug. 5, 2003	CERTIFICATE OF READINESS of appeal record with certified copy of docket mailed to USCA RE: [52-1] appeal USCA # 03-13686-I (sk)
55	Aug. 18, 2003	Notice of filing of change of address of pla counsel. (to SE) (sk) (Entered: 08/18/2003)	RECAP
	Aug. 18, 2003	USCA acknowledgment of COR RE: [52-1] appeal USCA # 03-13686-I (sk)
	Oct. 29, 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)
	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)
	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)
	Nov. 7, 2003	USCA acknowledgment of ROA RE: [52-1] appeal USCA # 03-13686-I. (sk)
	Nov. 12, 2003	USCA acknowledgment of 1st suppl COR RE: [52-1] appeal USCA # 03-13686-I (djh)
56	Sept. 30, 2005	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)	RECAP
57	Sept. 30, 2005	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)	RECAP
	Sept. 30, 2005	Appeal Deadlines Terminated (sk)
58	Oct. 11, 2005	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)	RECAP
59	Oct. 18, 2005	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)	RECAP
60	Oct. 21, 2005	NOTICE of Voluntary Dismissal With Prejudice filed by Janet M. Hicks (Maguire, Joseph) (Entered: 10/21/2005)	RECAP
61	Oct. 24, 2005	Consent Order of Dismissal with prejudice. Signed by Judge William C. O'Kelley on 10/24/05. (sk) (Entered: 10/24/2005)	RECAP
	Oct. 24, 2005	Civil Case Terminated. (sk)

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Case Details

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

County

Habersham County

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983