Case: John Doe & J. Roe v. Evans

1:88-cv-01752 | U.S. District Court for the Northern District of Georgia

Filed Date: Aug. 15, 1988

Clearinghouse coding complete

Case Summary

On August 15, 1988, John Doe, James Roe, and the executor of John Doe's will filed a lawsuit under 42 U.S.C. § 1983 in the United States District Court for the Northern District of Georgia against the state of Georgia. Plaintiffs were represented by the Federal Defender Program and private attorneys and were seeking a preliminary injunction. Defendants responded seeking consolidation with another case, Parker v. Evans. (PC-GA-010). The court (Judge Marvin H. Shoob) denied the motion to consolidate. On March 31, 1992, Judge Shoob granted plaintiffs' request for injunctive relief and denied plaintiffs' claims of slander and breach of confidentiality. Judge Shoob ordered the case unsealed on August 11, 1993.

The only information available for this case is the PACER docket so the facts of the case are not available.

Summary Authors

Angela Heverling (4/10/2006)

People


Judge(s)
Attorney for Plaintiff

Jones, Frank Cater (Georgia)

Parker, Stephanie Ethel (Georgia)

Attorney for Defendant

Hill, William Bradley Jr. (Georgia)

Hobbs, Michael E. (Georgia)

Long, Terry L. (Georgia)

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Documents in the Clearinghouse

Document

1:88-cv-01752

Docket (PACER)

Doe v. Evans

Aug. 11, 1993

Aug. 11, 1993

Docket

1:88-cv-01752

Second Amended Complaint

Aug. 18, 1989

Aug. 18, 1989

Complaint

Docket

Last updated Feb. 15, 2024, 3:18 a.m.

ECF Number Description Date Link Date / Link
24

RESPONSE by defendants to motion for preliminary injunction [23-1], and motion for consolidation of trial on merits with preliminary hearing by James Roe, John Doe [23-2] (km) (Entered: 08/30/1989)

Aug. 29, 1989

Aug. 29, 1989

25

CONSENT ORDER extending discovery to 11/4/89 ; Discovery ends 11/6/89 by Judge Marvin H. Shoob. cc (km) (Entered: 09/06/1989)

Aug. 31, 1989

Aug. 31, 1989

26

MOTION by defendant Charles E. Burden, defendant J. Paul Ford, defendant Joe Frank Harris, defendant David C. Evans to consolidate case with 1:89-cv-1604 with brief in support. (km) (Entered: 09/13/1989)

Sept. 11, 1989

Sept. 11, 1989

SUBMITTED to Judge Marvin H. Shoob on motion to amend in forma pauperis complaint [1-0] by James Roe, John Doe (km) (Entered: 09/12/1989)

Sept. 12, 1989

Sept. 12, 1989

27

BRIEF by John Doe, James Roe in opposition to motion to consolidate case with 1:89-cv-1604 by David C. Evans, Joe Frank Harris, J. Paul Ford, Charles E. Burden [26-1]. (km) (Entered: 09/26/1989)

Sept. 25, 1989

Sept. 25, 1989

SUBMITTED to Judge Marvin H. Shoob on motion to consolidate case with 1:89-cv-1604 by David C. Evans, Joe Frank Harris, J. Paul Ford, Charles E. Burden [26-1] (km) (Entered: 09/26/1989)

Sept. 26, 1989

Sept. 26, 1989

28

Certificate of interested persons. (to judge) (km) (Entered: 09/29/1989)

Sept. 28, 1989

Sept. 28, 1989

29

Settlement certificate. (to judge) (km) (Entered: 09/29/1989)

Sept. 28, 1989

Sept. 28, 1989

30

MOTION by defendant Charles E. Burden, defendant J. Paul Ford, defendant Joe Frank Harris, defendant David C. Evans to take deposition of prison inmates . (MHS) (km) (Entered: 10/11/1989)

Oct. 6, 1989

Oct. 6, 1989

Proposed consent order extending discovery period. (MHS for approval) (km) (Entered: 10/13/1989)

Oct. 12, 1989

Oct. 12, 1989

31

ORDER by Judge Marvin H. Shoob DIRECTING clk that all documents filed after 3/2/89 are available for viewing in chambers upon appointment made with the court. All other pleadings (ie. prior to 3/2/89) are to remain under seal. cc (km) (Entered: 10/13/1989)

Oct. 12, 1989

Oct. 12, 1989

32

ORDER GRANTING motion to take deposition of prison inmates by David C. Evans, Joe Frank Harris, J. Paul Ford, Charles E. Burden [30-1] by Judge Marvin H. Shoob. cc (km) (Entered: 10/18/1989)

Oct. 17, 1989

Oct. 17, 1989

33

RESPONSE by plaintiff John Doe, plaintiff James Roe to dfts' motion for depositions. (MHS) (km) Modified on 10/19/1989 (Entered: 10/19/1989)

Oct. 18, 1989

Oct. 18, 1989

34

CONSENT ORDER extending discovery for 60 days or through the 1st day of hearing, whichever comes first by Judge Marvin H. Shoob. cc (km) (Entered: 10/23/1989)

Oct. 20, 1989

Oct. 20, 1989

35

ORDER GRANTING motion to amend in forma pauperis complaint [1- 0] by John Doe, James Roe [22-1] by Judge Marvin H. Shoob. cc (file retained) (km) (Entered: 01/09/1990)

Jan. 5, 1990

Jan. 5, 1990

Summons issued as to Mobley Howell, Wayne Snow, Jr., Bettye O. Hutchings, and James T. Morris and returned to atty for service. (km) (Entered: 02/07/1990)

Feb. 5, 1990

Feb. 5, 1990

37

ANSWER to second amended complaint [36-1] by Charles E. Burden, J. Paul Ford, Joe Frank Harris, David C. Evans, Wayne Snow Bettye O. Hutchings, James T. Morris, Mobley Howell; jury demand. (km) (Entered: 02/15/1990)

Feb. 14, 1990

Feb. 14, 1990

38

Acknowledgment of service by Wayne Snow Jr., Bettye O. Hutchings, James T. Morris, Mobley Howell , executed 2/8/90 (km) (Entered: 02/20/1990)

Feb. 15, 1990

Feb. 15, 1990

39

ORDER DENYING motion to consolidate case with 1:89-cv-1604 by David C. Evans, Joe Frank Harris, J. Paul Ford, Charles E. Burden [26- 1], denying as moot the motion for preliminary injunction [23-1] by James Roe, John Doe, denying as moot the motion for consolidation of trial on merits with preliminary hearing [23-2] by James Roe, John Doe by Judge Marvin H. Shoob. cc (km) (Entered: 03/15/1990)

March 14, 1990

March 14, 1990

40

REQUEST with attachments by James Roe, John Doe for expedited hearing on plas' motion for preliminary injunction. (km) (Entered: 03/22/1990)

March 21, 1990

March 21, 1990

41

Notice of filing depos by plaintiff James Roe, plaintiff John Doe in support of their motion for preliminary injunction. (km) (Entered: 03/22/1990)

March 21, 1990

March 21, 1990

42

STATEMENT of material facts in support of request for expedited ruling on motion for preliminary injunction by James Roe, John Doe [23-1] by plaintiff James Roe, plaintiff John Doe (km) (Entered: 03/22/1990)

March 21, 1990

March 21, 1990

Deposition of J. PAUL FORD taken for plaintiff James Roe, plaintiff John Doe (km) (Entered: 03/22/1990)

March 21, 1990

March 21, 1990

Deposition of CHARLES E. BURDEN taken for plaintiff James Roe, plaintiff John Doe (km) (Entered: 03/22/1990)

March 21, 1990

March 21, 1990

Deposition of LANSON NEWSOME taken for plaintiff James Roe, plaintiff John Doe (km) (Entered: 03/22/1990)

March 21, 1990

March 21, 1990

Deposition of MICHAEL SPRADLIN taken for plaintiff James Roe, plaintiff John Doe (km) (Entered: 03/22/1990)

March 21, 1990

March 21, 1990

Deposition of MADELEINE LAMARRE taken for plaintiff James Roe, plaintiff John Doe (km) (Entered: 03/22/1990)

March 21, 1990

March 21, 1990

Deposition of DAVID C. EVANS taken for plaintiff James Roe, plaintiff John Doe (km) (Entered: 03/22/1990)

March 21, 1990

March 21, 1990

43

ORDER VACATING order denying as moot the motion to consolidate case with 1:89-cv-1604 [26-1] for the purpose of clarification; DEFERRING ruling on motion for preliminary injunction by James Roe, John Doe [23-1] until submission of briefs by all ptys by Judge Marvin H. Shoob. cc (km) (Entered: 03/29/1990)

March 27, 1990

March 27, 1990

44

MOTION by defendants to extend time to respond to plas' motion for preliminary injunction with consent of plas. (MHS for approval) (km) (Entered: 03/30/1990)

March 29, 1990

March 29, 1990

45

CONSENT ORDER GRANTING motion to extend time to respond to plas' motion for preliminary injunction by defendant [44-1] through 4/12/90 by Judge Marvin H. Shoob. c/dft (adl) (Entered: 04/03/1990)

March 30, 1990

March 30, 1990

46

ORDER GRANTING motion to extend time to respond to plas' motion for preliminary injunction by defendant [44-1] for 10 days by Judge Marvin H. Shoob. cc (km) (Entered: 04/10/1990)

April 5, 1990

April 5, 1990

47

MOTION by defendants for summary judgment with brief, statement of facts and attachments in support and RESPONSE to pla's motion for preliminary injunction. (km) (Entered: 04/13/1990)

April 12, 1990

April 12, 1990

Deposition of COMMISSIONER DAVID C. EVANS. taken for defendants (km) (Entered: 04/13/1990)

April 12, 1990

April 12, 1990

Deposition of JOHN DOE and JAMES ROE taken for defendants (km) (Entered: 04/13/1990)

April 12, 1990

April 12, 1990

48

CONSENT ORDER extending time for plas to respond to dfts' 2nd interrogs to 20 days after ruling on plas' motion for prel inj or dfts' motion for summary judgment by Judge Marvin H. Shoob. cc (km) (Entered: 04/23/1990)

April 19, 1990

April 19, 1990

SUBMITTED to Judge Marvin H. Shoob on motion for preliminary injunction by James Roe, John Doe [23-1] (km) (Entered: 04/23/1990)

April 23, 1990

April 23, 1990

SUBMITTED to Judge Marvin H. Shoob on motion for summary judgment by defendant [47-1] (km) (Entered: 05/07/1990)

May 7, 1990

May 7, 1990

Proposed consent order extending time to respond to motion for summary judgment by defendant [47-1] through 6/7/90. (MHS for approval) (km) (Entered: 05/08/1990)

May 7, 1990

May 7, 1990

49

CONSENT ORDER extending time to respond to motion for summary judgment by defendant [47-1] through 6/7/90 by Judge Marvin H. Shoob. cc (km) (Entered: 05/14/1990)

May 11, 1990

May 11, 1990

50

REQUEST (letter) by counsel for James Roe, John Doe for copy of pla's motion for tro . (MHS for approval) (km) (Entered: 05/22/1990)

May 17, 1990

May 17, 1990

51

ORDER GRANTING Request for copy of pla's motion for tro by John Doe, James Roe [50-1] by Judge Marvin H. Shoob. cc (km) (Entered: 05/24/1990)

May 23, 1990

May 23, 1990

Letter from counsel for pla Roe with attachment to affidavit of Roe [4-0]. (km) (Entered: 06/11/1990)

June 7, 1990

June 7, 1990

52

RESPONSE with attachments by plaintiffs to motion for summary judgment by defendant [47-1] (km) (Entered: 06/11/1990)

June 7, 1990

June 7, 1990

Deposition of THOMAS WAYNE SNOW, JR. taken for plaintiff John Doe, plaintiff James Roe (km) (Entered: 06/11/1990)

June 7, 1990

June 7, 1990

53

MOTION by plaintiff John Doe, plaintiff James Roe for leave to file out- of-time affidavit and spporting memorandum with brief in support. (km) (Entered: 06/25/1990)

June 22, 1990

June 22, 1990

SUBMITTED to Judge Marvin H. Shoob on motion for leave to file out- of-time affidavit and spporting memorandum by James Roe and John Doe [53-1] (km) (Entered: 07/12/1990)

July 12, 1990

July 12, 1990

54

ORDER DEFERRING ruling on motion for summary judgment by defendant [47-1] until 11/12/90 by Judge Marvin H. Shoob. Ptys directed to submit briefs w/in 30 days. cc (km) (Entered: 10/15/1990)

Oct. 11, 1990

Oct. 11, 1990

SUBMITTED to Judge Marvin H. Shoob on motion for leave to file out- of-time affidavit and spporting memorandum by plas [53-1], and motion for summary judgment by defendant [47-1] (km) (Entered: 11/20/1990)

Nov. 20, 1990

Nov. 20, 1990

55

ORDER GRANTING motion for leave to file out-of-time affidavit and spporting memorandum by James Roe, John Doe [53-1], nunc pro tunc by Judge Marvin H. Shoob, cc (scg) (Entered: 11/28/1990)

Nov. 27, 1990

Nov. 27, 1990

56

Notice of filing change of address by counsel for plaintiffs. (scg) (Entered: 04/01/1991)

March 26, 1991

March 26, 1991

SUBMITTED per order [54-1], motion for summary judgment by defendant [47-1] to Judge Marvin H. Shoob . (scg) (Entered: 08/14/1991)

Aug. 14, 1991

Aug. 14, 1991

File returned from MHS w/note, motion for summary judgment is still deferred per order [54-1] (scg) (Entered: 08/20/1991)

Aug. 20, 1991

Aug. 20, 1991

57

RESPONSE by defendants to order [54-1] requiring briefs on the "Harris v. Thigpen decision of the 11th Circuit. (scg) (Entered: 10/17/1991)

Oct. 11, 1991

Oct. 11, 1991

58

SUPPLEMENTAL RESPONSE by plaintiffs to motion for summary judgment by defendant [47-1] (scg) (Entered: 10/18/1991)

Oct. 18, 1991

Oct. 18, 1991

SUBMITTED on motion for summary judgment by defendant [47-1] to Judge Marvin H. Shoob . (scg) (Entered: 10/23/1991)

Oct. 23, 1991

Oct. 23, 1991

59

ORDER GRANTING IN PART as to plaintiffs' requests for injunctive relief, AND DENYING IN PART as to plaintiffs' claims of slander & breach of confidentiality, motion for summary judgment by defendant [47-1], defendants may file 2nd motion for summary judgment w/in 20 days; DIRECTING clerk to enter judgment in favor of defendants on all requests for injunctive relief; by Judge Marvin H. Shoob. cc (scg) (Entered: 03/31/1992)

March 31, 1992

March 31, 1992

60

MOTION by defendants to extend time to file 2nd motion for summary judgment with brief in support. (scg) (Entered: 05/12/1992)

May 11, 1992

May 11, 1992

61

Response by plaintiffs to motion to extend time to file 2nd motion for summary judgment by defendants [60-1] (scg) (Entered: 05/12/1992)

May 11, 1992

May 11, 1992

SUBMITTED on motion to extend time to file 2nd motion for summary judgment by defendants [60-1] to Judge Marvin H. Shoob . (scg) (Entered: 05/12/1992)

May 12, 1992

May 12, 1992

62

ORDER GRANTING motion to extend time to file 2nd motion for summary judgment by defendant [60-1], motion to be filed by 6/8/92; by Judge Marvin H. Shoob. cc (scg) (Entered: 05/20/1992)

May 19, 1992

May 19, 1992

63

MOTION by defendants for summary judgment and statement of material facts with brief in support. (scg) (Entered: 06/10/1992)

June 9, 1992

June 9, 1992

Notice of motion for summary judgment and statement of material facts by defendant [63-1] filed 6/9/92, mailed 6/10/92. (scg) (Entered: 06/10/1992)

June 10, 1992

June 10, 1992

64

Response by plaintiffs to motion for summary judgment and statement of material facts by defendant [63-1] w/statement of facts. (scg) (Entered: 06/30/1992)

June 29, 1992

June 29, 1992

SUBMITTED on motion for summary judgment [63-1] to Judge Marvin H. Shoob . (scg) (Entered: 07/13/1992)

July 13, 1992

July 13, 1992

65

MOTION by plas to substitute counsel with brief in support. (scg) (Entered: 01/22/1993)

Jan. 21, 1993

Jan. 21, 1993

66

ORDER DENYING motion to substitute counsel by plas [65-1] by Judge Marvin H. Shoob. cc (scg) (Entered: 01/27/1993)

Jan. 26, 1993

Jan. 26, 1993

67

MOTION by movant Mary Brake to substitute Mary Brake, in her capacity as Executrix in place of John Doe, deceased with affidavit in support. (fmr emp) (Entered: 02/05/1993)

Jan. 26, 1993

Jan. 26, 1993

68

CONSENT ORDER GRANTING motion to substitute Mary Brake, in her capacity as Executrix in place of John Doe, deceased by Mary Brake [67-1] by Judge Marvin H. Shoob. cc (scg) (Entered: 02/09/1993)

Feb. 4, 1993

Feb. 4, 1993

69

ORDER GRANTING motion for summary judgment by dfts [63-1], DIRECTING clerk to enter judgment for dfts on all claims; by Judge Marvin H. Shoob. cc (scg) (Entered: 04/01/1993)

March 31, 1993

March 31, 1993

70

JUDGMENT ENTERED on amended complaint by plas [36-1], dismissing plas' complaints, & dfts to recover of the plas their costs of this action. cc (scg) (Entered: 04/01/1993)

March 31, 1993

March 31, 1993

71

MOTION by plas for reconsideration of award of costs in judgment [70- 1] with brief in support. (scg) (Entered: 04/19/1993)

April 14, 1993

April 14, 1993

72

ORDER GRANTING motion for reconsideration of award of costs in judgment [70-1] by Mary Brake, James Roe [71-1] VACATING award of costs; by Judge Marvin H. Shoob. cc (scg) (Entered: 05/27/1993)

May 27, 1993

May 27, 1993

73

AMENDED JUDGMENT on in forma pauperis complaint [1-0] that plas recover nothing & this action & their complaint is dismissed. cc (scg) (Entered: 05/27/1993)

May 27, 1993

May 27, 1993

74

Response by dfts to motion for reconsideration of award of costs in judgment [70-1] by plas [71-1] (no objection) (scg) (Entered: 06/03/1993)

June 1, 1993

June 1, 1993

75

ORDER directing parties to show cause w/in 20 days why this case should not be unsealed, failure to respond will result in order directing clerk to unseal case by Judge Marvin H. Shoob. cc (scg) (Entered: 07/12/1993)

July 12, 1993

July 12, 1993

SUBMITTED on order directing parties to show cause w/in 20 days why this case should not be unsealed [75-1] to Judge Marvin H. Shoob. (scg) (Entered: 08/09/1993)

Aug. 9, 1993

Aug. 9, 1993

76

ORDER unsealing case by Judge Marvin H. Shoob. cc (scg) (Entered: 08/11/1993)

Aug. 11, 1993

Aug. 11, 1993

Case Details

State / Territory: Georgia

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 15, 1988

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates incarcerated in the Georgia state prison system who were tested for HIV without their consent

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Georgia, State

Georgia, State

Georgia, State

Georgia, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1992 - 0

Content of Injunction:

Preliminary relief granted

Issues

Type of Facility:

Government-run