Case: Ralph v. Adams

1:04-cv-00257 | U.S. District Court for the Northern District of Georgia

Filed Date: Jan. 29, 2004

Closed Date: Jan. 31, 2005

Clearinghouse coding complete

Case Summary

In 2004, a Mental Health Unit (MHU) prisoner at Georgia's Phillips State Prison brought this §1983 suit in the U.S. District Court for the Northern District of Georgia. Represented by the Southern Center for Human Rights, plaintiff contended that the defendant prison administrators denied Eighth Amendment protections against cruel and unusual punishment by understaffing the MHU, as well as by staffing it with correctional officers without adequate mental health training. The plaintiff noted t…

In 2004, a Mental Health Unit (MHU) prisoner at Georgia's Phillips State Prison brought this §1983 suit in the U.S. District Court for the Northern District of Georgia. Represented by the Southern Center for Human Rights, plaintiff contended that the defendant prison administrators denied Eighth Amendment protections against cruel and unusual punishment by understaffing the MHU, as well as by staffing it with correctional officers without adequate mental health training. The plaintiff noted that the lack of trained staff led to overworked and overstressed staff, such as there were, who consequently took actions resulting in danger, violence, and death to prisoners. Such actions included correctional officers' excessive use of force against MHU residents and double-bunking prisoners without adequate screening or consideration of risks one presented to another. Class action certification was sought but not granted.

The case's PACER docket reflects that discovery proceedings subsequently occurred, as did settlement negotiations. The latter led to the filing by the parties, on January 31, 2005 (the day before dispositive motions were due to be filed), of a joint stipulation of dismissal, which was approved by Judge Carnes on the same day. Court documents do not provide any details on settlement terms.

Summary Authors

Mike Fagan (4/14/2008)

Related Cases

Fluellen v. Wetherington, Northern District of Georgia (2002)

People


Judge(s)

Carnes, Julie E. (Georgia)

Attorneys(s) for Plaintiff

Bright, Stephen B. (Georgia)

Daniel, Harold T. (Georgia)

Geraghty, Sarah E. (Georgia)

Rohr, Gretchen Naomi (Georgia)

Serwer, Tamara H. (Georgia)

Attorneys(s) for Defendant

Amideo, William F. (Georgia)

Baker, Thurbert E. (Georgia)

Hennkel, Craig (Georgia)

Jones, John Custer (Georgia)

Judge(s)

Carnes, Julie E. (Georgia)

Attorneys(s) for Plaintiff

Bright, Stephen B. (Georgia)

Daniel, Harold T. (Georgia)

Geraghty, Sarah E. (Georgia)

Rohr, Gretchen Naomi (Georgia)

Serwer, Tamara H. (Georgia)

Attorneys(s) for Defendant

Amideo, William F. (Georgia)

Baker, Thurbert E. (Georgia)

Hennkel, Craig (Georgia)

Jones, John Custer (Georgia)

Pacious, Kathleen Mary (Georgia)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 31, 2005 Docket
2

Order [Denying Defendant's Motion to Dismiss]

Jan. 29, 2004 Order/Opinion
1

Amended Complaint

Jan. 30, 2004 Complaint
16

Minute Sheet [Denying Defendant's Motion to Dismiss]

April 15, 2004 Order/Opinion
39

Joint Stipulation of Dismissal

Ralph v. Donald

Jan. 31, 2005 Pleading / Motion / Brief
40

Order [Approving Stipulation for Dismissal]

Ralph v. Donald

Jan. 31, 2005 Order/Opinion

Docket

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

ECF Number Description Date Link
1

AMENDED COMPLAINT (class action) filed by plaintiff Richard Ralph in Civil Action 1:02-cv-0479-JEC on 7/8/03 and entered as this new civil action pursuant to this court's order of 01/29/04 docketed here as document number 2. (aaq) Modified on 01/30/2004 (Entered: 01/30/2004)

Jan. 29, 2004
2

ORDER by Judge Julie E. Carnes (originally entered in 1:02-cv-257-JEC) DIRECTING the Clerk to assign the amended complaint filed in 1:02-cv-257, a new civil action number and establish Richard Ralph v. Alan Adams, et. al. as a new case. The parties are ORDERED to begin discovery as soon as possible. The discovery period shall be (90) days. Discovery ends 4/28/04. At the close of this time, the court will conduct a conference with counsel to determine the status of the case and how best to proceed with regard to class certification or other issues. (cc) (aaq) (Entered: 01/30/2004)

Jan. 29, 2004

Notice and copy of the [2-1] order served to parties by clerk. (aaq) (Entered: 01/30/2004)

Jan. 30, 2004
4

RESPONSE by plaintiff to dft's [3-1] withdrawal of motion for reconsideration due to mootness. (withdrawal filed in 02-cv-479-JEC on 2/6/04) and reasons why discovery should begin immediately. (jlm) (Entered: 02/23/2004)

Feb. 13, 2004
5

MOTION by defendants to dismiss due to mootness with brief in support. (jlm) (Entered: 02/23/2004)

Feb. 17, 2004
6

REPLY by dfts to pla's response and dft's supplement to [5-1] motion to dismiss. (jlm) (Entered: 03/02/2004)

March 1, 2004
7

CONSENT MOTION to extend time to and including 3/8/04 to respond to dft's [5-1] motion to dismiss due to mootness and dft's supplement to motion to dismiss . (jlm) (Entered: 03/08/2004)

March 3, 2004
8

RESPONSE by plaintiff to [5-1] motion to dismiss due to mootness. (jlm) (Entered: 03/09/2004)

March 8, 2004

SUBMITTED to Judge Julie E. Carnes on [5-1] motion to dismiss due to mootness. (jlm) (Entered: 03/09/2004)

March 9, 2004
9

Notice of filing discovery by plaintiff with pla's request for entry upon land for inspection and other purposes and pla's first request for production of documents attached. (jlm) (Entered: 03/10/2004)

March 10, 2004
10

Notice to parties by CRD, scheduling conference for 4/9/04 at 10:30 AM (cc by CRD). (jlm) Modified on 03/25/2004 (Entered: 03/25/2004)

March 22, 2004
11

Certificate of service by plaintiff re: Pla's second request for documents and pla's first interrogatories. (jlm) (Entered: 03/25/2004)

March 24, 2004
12

Notice to parties by CRD, re-scheduling conference for 4/13/04 at 3:30 PM (cc by CRD) (jlm) (Entered: 03/25/2004)

March 25, 2004
13

Notice to parties by CRD, re-scheduling hearing for 4/15/04 at 3:30 PM . (jlm) (Entered: 03/29/2004)

March 29, 2004
14

ORDER by Judge Julie E. Carnes GRANTING [7-1] motion to extend time to and including 3/8/04 to respond to dft's [5-1] motion to dismiss due to mootness and dft's supplement to motion to dismiss (cc) (jlm) (Entered: 04/06/2004)

April 5, 2004

Terminated submissions. (jlm) (Entered: 04/08/2004)

April 8, 2004
15

MOTION by plaintiff for appointment of guardian ad litem with brief in support. (jlm) (Entered: 04/16/2004)

April 15, 2004
16

Status Conference HELD on [5-1] motion to dismiss due to mootness before Judge Julie E. Carnes, Court orally DENIED motion. Discovery to commence and will expire on 7/30/04 . Dft will attempt to comply with request to produce and parties may have to go to institution to review certain documents within 20 days. Pla's counsel agreed that when doing depositions to inquire about bother plas' Ralph and Johnson. (jlm) (Entered: 04/19/2004)

April 15, 2004
17

ORDER by Judge Julie E. Carnes, directing parties to provide Court with a status report on 8/30/04. [17-1] order to be submitted on 8/31/04 (cc by CRD) (jlm) (Entered: 04/21/2004)

April 20, 2004
18

ANSWER to complaint [1-1] by Michelle Martin and Alan Adams Discovery ends 9/25/04 (jlm) (Entered: 04/29/2004)

April 28, 2004
19

RESPONSE by defendants to [15-1] motion for appointment of guardian ad litem (jlm) Modified on 04/29/2004 (Entered: 04/29/2004)

April 28, 2004

SUBMITTED to Judge Julie E. Carnes on [15-1] motion for appointment of guardian ad litem. (jlm) (Entered: 05/03/2004)

May 3, 2004
20

ANSWER to complaint [1-1] by dfts' Michelle Martin and Alan Adams Discovery ends 10/2/04 (jlm) (Entered: 05/06/2004)

May 5, 2004
21

REPLY MEMORANDUM by plaintiff IN SUPPORT of [15-1] motion for appointment of guardian ad litem. (jlm) (Entered: 05/18/2004)

May 14, 2004
22

MOTION by plaintiff for Court order to produce mental health records with brief in support. (jlm) (Entered: 05/18/2004)

May 14, 2004
23

ORDER by Judge Julie E. Carnes GRANTING [22-1] motion for Court order to produce mental health records. (cc) (jlm) (Entered: 05/24/2004)

May 21, 2004
24

Certificates of service by defendants re: Response to pla's first and second request for production of documents. (jlm) (Entered: 05/24/2004)

May 21, 2004
25

Certificate of interested persons. (to judge) (jlm) (Entered: 06/10/2004)

June 8, 2004
26

Notice of filing discovery by plaintiff. (jlm) (Entered: 06/10/2004)

June 8, 2004
27

Preliminary Report and Discovery Schedule. (to judge) (fmm) (Entered: 06/21/2004)

June 18, 2004
28

Certificate of service by plaintiff re: Pla's third request for production. (jlm) (Entered: 06/25/2004)

June 25, 2004
29

ORDER approving 27 Joint Preliminary Report and Discovery Schedule Signed by Judge Julie E. Carnes on 7/14/04. (jlm) (Entered: 07/22/2004)

July 15, 2004
30

CERTIFICATE OF SERVICE by dfts re: Notice of deposition of Richard Ralph. (jlm) (Entered: 07/27/2004)

July 23, 2004

Steno Notes of proceedings held on 4/15/04 before Judge Julie E. Carnes, by David Ritchie (jlm) (Entered: 08/05/2004)

Aug. 5, 2004
31

CERTIFICATE OF SERVICE by dft re: Dfts Response to pla's third request for production of documents. (jlm) (Entered: 08/18/2004)

Aug. 17, 2004

Submission of 17 Order,, submitted to District Judge Julie E. Carnes. (FILE IN CHAMBERS) (jlm) (Entered: 09/10/2004)

Sept. 10, 2004
32

Letter to CRD from counsel regarding status of case. (jlm) (Entered: 09/22/2004)

Sept. 17, 2004
34

Joint MOTION to Extend Due Date for Dispositive Motions . (dfb) (Entered: 12/06/2004)

Dec. 1, 2004
35

ORDER granting 34 Joint Motion to Extend Due Date to January 14, 2005 for Filing Dispositive Motions. Signed by Judge Julie E. Carnes on 12/01/04. (dfb) (Entered: 12/06/2004)

Dec. 1, 2004
36

ORDER granting 15 Motion for Miscellaneous Relief and appoints J. Wilcox Dunn, III as guardian ad litem for plaintiff . Signed by Judge Julie E. Carnes on 12/10/2004. (kb) (Entered: 12/10/2004)

Dec. 10, 2004
37

JOINT MOTION for Extension of Time through 2/1/05 to file dispositive motions by Richard Ralph, Alan Adams, Michelle Martin. (ddm) (Entered: 01/13/2005)

Jan. 11, 2005
38

CONSENT ORDER granting the 37 Joint Motion to Extend Due Date for Dispositive Motions to February 1, 2005. Signed by Judge Julie E. Carnes on 01/12/05. (dfb) (Entered: 01/13/2005)

Jan. 13, 2005
39

JOINT STIPULATION of Dismissal pursuant to FRCP 41(a)(1)(ii) by Richard Ralph, Alan Adams, Michelle Martin. (ddm) (Entered: 02/01/2005)

Jan. 31, 2005
40

ORDER approving 39 Stipulation of Dismissal filed by Richard Ralph, Michelle Martin, Alan Adams. Signed by Judge Julie E. Carnes on 1/31/05. (ddm) (Entered: 02/01/2005)

Jan. 31, 2005

Civil Case Terminated. (ddm) (Entered: 02/01/2005)

Jan. 31, 2005

State / Territory: Georgia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Jan. 29, 2004

Closing Date: Jan. 31, 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who are now or will be in the future housed in the mental health unit at Phillips State Prison

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

Georgia Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Conditions of confinement

Excessive force

Failure to train

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Affected Gender:

Male

Medical/Mental Health:

Mental health care, general

Suicide prevention

Type of Facility:

Government-run