Case: Andrews v. Allen

6:18-cv-00047 | U.S. District Court for the Southern District of Georgia

Filed Date: April 19, 2018

Closed Date: 2019

Clearinghouse coding complete

Case Summary

On April 19, 2018, two prisoners incarcerated in the Georgia State Prison filed this lawsuit in the U.S. District Court for the Southern District of Georgia. The plaintiffs sued the prison’s warden, regional director, and four other prison employees under 42 U.S.C § 1983 for violations of the Eighth and Fourteenth Amendments. Represented by the Southern Center for Human Rights, the plaintiffs sought damages and attorneys fees. The case was assigned to Chief Judge J. Randal Hall. The plaintiffs …

On April 19, 2018, two prisoners incarcerated in the Georgia State Prison filed this lawsuit in the U.S. District Court for the Southern District of Georgia. The plaintiffs sued the prison’s warden, regional director, and four other prison employees under 42 U.S.C § 1983 for violations of the Eighth and Fourteenth Amendments. Represented by the Southern Center for Human Rights, the plaintiffs sought damages and attorneys fees. The case was assigned to Chief Judge J. Randal Hall. The plaintiffs alleged that the Georgia State Prison’s warden and regional director were aware of a routine practice of excessive force against prisoners, but did not take reasonable steps to protect the prisoners.

The plaintiffs alleged two separate instances of unlawful assault had occurred on August 11, 2017. In one instance, two prison officers removed the plaintiff from a prayer service. When the prisoner asked why he was being removed, the officers slammed the prisoner’s head to the ground causing his skull to fracture and a life-threatening blood clot. In the second instance, two officers removed the second plaintiff from a psychiatric appointment. While the plaintiff was laying face down in the hallway, the officers repeatedly punched the plaintiff and kicked him in the eye. The assault caused the plaintiff to suffer nasal bone fractures, a concussion, and a traumatic eye injury that required surgical repair.

On November 5, 2018, the warden and regional director filed a motion to dismiss, claiming that the plaintiffs failed to establish a causal connection linking the two defendants to these two instances of assault. The defendants argued that the five cases of past abuse noted in the plaintiffs' complaint alleged a history of widespread abuse, but failed to demonstrate sufficient proof.

The two parties filed a joint motion to stay pending settlement on March 19, 2019. On June 13, 2019, the court ordered the claims dismissed with prejudice as agreed upon by all parties. Each party was to bear its own cost of attorney fees. No other terms of the settlement are available. The case is closed.

Summary Authors

Justin Hill (10/10/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6549056/parties/andrews-v-allen/


Judge(s)

Hall, James Randal (Georgia)

Attorney for Plaintiff

Brown, Ebony (Georgia)

Geraghty, Sarah E. (Georgia)

Hollie, Atteeyah Eshe (Georgia)

Attorney for Defendant

Stay, Ronald J. (Georgia)

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Documents in the Clearinghouse

Document

6:18-cv-00047

Docket [PACER]

June 13, 2019

June 13, 2019

Docket
1

6:18-cv-00047

Complaint

April 19, 2018

April 19, 2018

Complaint
38

6:18-cv-00047

Order

June 13, 2019

June 13, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6549056/andrews-v-allen/

Last updated April 14, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link

Motions Referred

April 19, 2018

April 19, 2018

PACER
1

Complaint

April 19, 2018

April 19, 2018

PACER
2

Summons Issued

April 19, 2018

April 19, 2018

PACER
3

Order

April 19, 2018

April 19, 2018

PACER
4

Motion for Leave to Appear Pro Hac Vice

April 19, 2018

April 19, 2018

PACER
5

Order on Motion for Leave to Appear

April 24, 2018

April 24, 2018

PACER
6

Notice of Appearance

April 27, 2018

April 27, 2018

PACER
7

Disclosure Statement pursuant to Local Rule 7.1.1 by Shawn Andrews, Seth Rouzan. (Hollie, Atteeyah) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

Case Reassigned to Magistrate Judge Benjamin W. Cheesbro pursuant to standing Order in 1:18−mc−12. Magistrate Judge R. Stan Baker no longer assigned to the case. (csr) (Entered: 09/07/2018)

Sept. 5, 2018

Sept. 5, 2018

8

NOTICE of Appearance by Ronald J. Stay on behalf of Marty Allen, Timothy Brooks, Robert Toole, Curmit Williams, Jr. (Stay, Ronald) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

9

NOTICE of Appearance by Ronald J. Stay on behalf of Wade Nobilio (Stay, Ronald) (Entered: 09/26/2018)

Sept. 26, 2018

Sept. 26, 2018

10

MOTION to Dismiss by Marty Allen, Robert Toole. Responses due by 11/19/2018. (Attachments: # 1 Briefs Brief in Support, # 2 Exhibit Order 1 in 6:17−cv−110, # 3 Exhibit Order 2 in 6:17−cv−110, # 4 Exhibit Order 1 in 6:17−cv−127, # 5 Exhibit Order 2 in 6:17−cv−127, # 6 Exhibit Order 1 in 6:17−cv−80, # 7 Exhibit Order 2 in 6:17−cv−80, # 8 Exhibit Order 1 in 6:15−cv−74, # 9 Exhibit Order 2 in 6:15−cv−74, # 10 Exhibit Order 1 in 6:15−cv−96, # 11 Exhibit Order 2 in 6:15−cv−96, # 12 Exhibit Order 3 in 6:15−cv−96)(Stay, Ronald) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

11

ANSWER to Complaint by Timothy Brooks.(Stay, Ronald) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

12

ANSWER to Complaint by Wade Nobilio.(Stay, Ronald) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

13

ANSWER to Complaint by Curmit Williams, Jr..(Stay, Ronald) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

14

MOTION to Stay Discovery by Marty Allen, Timothy Brooks, Wade Nobilio, Robert Toole, Curmit Williams, Jr.. Responses due by 11/19/2018. (Attachments: # 1 Briefs Brief in Support, # 2 Text of Proposed Order)(Stay, Ronald) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

15

DEFENSES AND ANSWER to Complaint by Stephen Sharpe.(Toreno, Vincent) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

MOTIONS REFERRED: 14 MOTION to Stay Discovery. (pts) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

MOTIONS REFERRED: 14 MOTION to Stay Discovery . (trb) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

16

MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Stay Discovery , 10 MOTION to Dismiss by Shawn Andrews, Seth Rouzan. Responses due by 11/21/2018. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Extension of Time)(Hollie, Atteeyah) (Entered: 11/07/2018)

Nov. 7, 2018

Nov. 7, 2018

MOTIONS REFERRED: 16 MOTION for Extension of Time to File Response/Reply as to 14 MOTION to Stay Discovery , 10 MOTION to Dismiss . (trb) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

17

REPORT of Rule 26(f) Planning Meeting. (Hollie, Atteeyah) (Entered: 11/08/2018)

Nov. 8, 2018

Nov. 8, 2018

18

ORDER granting 16 Motion for Extension of Time to File Response/Reply re: 14 MOTION to Stay Discovery, and 10 MOTION to Dismiss. Plaintiff's shall file their responses to Defendants' motions on or before December 3, 2018. Signed by Magistrate Judge Benjamin W. Cheesbro on 11/9/2018. (csr) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

20

ORDER granting 19 Motion for Leave to Appear Pro Hac Vice by Ebony Brown. Atteeyah Hollie has entered an appearance in this case and vouches that she will satisfy the obligations of local counsel, as required by this Court's Local Rule 83.4. Signed by Magistrate Judge Benjamin W. Cheesbro on November 13, 2018. (edd) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

21

***Entered in Error*** CERTIFICATE OF SERVICE by Shawn Andrews, Seth Rouzan of Plaintiffs' Initial Disclosures (Hollie, Atteeyah) Modified on 11/15/2018 (trb). (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

22

NOTICE of Restriction/Return of Discovery Related Materials re 21 Certificate of Service. (trb) (Entered: 11/15/2018)

Nov. 15, 2018

Nov. 15, 2018

23

RESPONSE in Opposition re 10 MOTION to Dismiss filed by Shawn Andrews, Seth Rouzan. (Hollie, Atteeyah) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

24

RESPONSE to Motion re 14 MOTION to Stay Discovery filed by Shawn Andrews, Seth Rouzan. (Brown, Ebony) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

25

NOTICE of Intent to File Reply Brief by Marty Allen, Robert Toole re 10 MOTION to Dismiss . (Stay, Ronald) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

26

NOTICE of Intent to File Reply Brief by Marty Allen, Timothy Brooks, Wade Nobilio, Robert Toole, Curmit Williams, Jr. re 14 MOTION to Stay Discovery . (Stay, Ronald) (Entered: 12/05/2018)

Dec. 5, 2018

Dec. 5, 2018

27

REPLY to Response to Motion re 10 MOTION to Dismiss filed by Marty Allen, Robert Toole. (Stay, Ronald) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

28

REPLY to Response to Motion re 14 MOTION to Stay Discovery filed by Marty Allen, Timothy Brooks, Wade Nobilio, Robert Toole, Curmit Williams, Jr.. (Stay, Ronald) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

MOTIONS REFERRED: 10 MOTION to Dismiss. (csr) (Entered: 01/17/2019)

Jan. 17, 2019

Jan. 17, 2019

29

ORDER granting in part Defendants' 14 Motion to Stay Discovery and ORDERS discovery stayed as to Defendants Allen and Toole and ORDERS discovery limited to issues other than supervisory liability pending resolution of Defendants' motion to dismiss. Signed by Magistrate Judge Benjamin W. Cheesbro on 1/30/2019. (csr) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

30

Joint MOTION to Stay Pending Settlement by Marty Allen, Timothy Brooks, Wade Nobilio, Robert Toole, Curmit Williams, Jr.. Responses due by 4/2/2019. (Attachments: # 1 Text of Proposed Order)(Stay, Ronald) (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

31

ORDER granting Joint 30 Motion to Stay Lawsuit. It is ORDERED that all proceedings, including discovery in this case is STAYED for a period of 90 days, or until June 19, 2019. This stay will be automatically lifted at that time. Signed by Magistrate Judge Benjamin W. Cheesbro on 3/21/2019. (csr) (Entered: 03/21/2019)

March 21, 2019

March 21, 2019

Set/Reset Deadlines: Remove stay flag on 6/19/2019 re: 31 Order. (csr) (Entered: 03/21/2019)

March 21, 2019

March 21, 2019

32

OBJECTION to motion to withdraw by Stephen Sharpe. (trb) (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

33

MOTION to Withdraw as Attorney (Vincent Toreno) by Stephen Sharpe. Responses due by 5/17/2019. (Attachments: # 1 Briefs, # 2 Text of Proposed Order, # 3 Exhibit)(Toreno, Vincent) (Entered: 05/03/2019)

May 3, 2019

May 3, 2019

34

ORDER granting 33 Motion to Withdraw as Attorney. Attorney Vincent Aaron Toreno is terminated. Defendant Sharpe shall advise the Court within 21 days of this Order whether he intends to proceed pro se or will retain counsel. Signed by Chief Judge J. Randal Hall on 05/09/2019. (maa) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

35

MOTION for Leave of Absence as to Marty Allen, Timothy Brooks, Wade Nobilio, Robert Toole, Curmit Williams, Jr. for dates of : 08/30/2019, 09/03/2019−09/05/2019, 09/17/2019−09/20/2019 by Marty Allen, Timothy Brooks, Wade Nobilio, Robert Toole, Curmit Williams, Jr. Responses due by 6/7/2019. (Stay, Ronald) Modified on 5/28/2019 (jlh). (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

MOTIONS REFERRED: 35 MOTION for Leave of Absence as to Marty Allen, Timothy Brooks, Wade Nobilio, Robert Toole, Curmit Williams, Jr. for dates of : 08/30/2019, 09/03/2019−09/05/2019, 09/17/2019−09/20/2019. (cmr) (Entered: 05/28/2019)

May 28, 2019

May 28, 2019

36

TEXT ORDER granting 35 Motion for Leave of Absence by Ronald J. Stay for the dates of August 30, 2019; September 3, 2019 through and including September 5, 2019; and September 17, 2019 through and including September 20, 2019. Signed by Magistrate Judge Benjamin W. Cheesbro on May 28, 2019. (edd) (Entered: 05/28/2019)

May 28, 2019

May 28, 2019

37

STIPULATION of Dismissal by Shawn Andrews, Seth Rouzan. (Brown, Ebony) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

38

ORDER DISMISSING CASE with prejudice. Each party shall bear their own costs and attorney's fees. This case stands closed. Signed by Chief Judge J. Randal Hall on 6/13/2019. (pts)

June 13, 2019

June 13, 2019

RECAP

Case Details

State / Territory: Georgia

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 19, 2018

Closing Date: 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two prisoners in Georgia 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: No

Class Action Outcome: Not sought

Defendants

Georgia State Prison (Reidsville), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Conditions of confinement

Failure to supervise

Policing:

Excessive force

Jails, Prisons, Detention Centers, and Other Institutions:

Pepper/OC spray

Assault/abuse by staff (facilities)

Type of Facility:

Government-run