Case 1:10-cv-02636-JOF Document 1 Filed 08/23/10 Page 1 of 25

FILED IN CLERK'S OFFICE
U.S. D.C .• Atlanta

~ FOURNTIHTEEDNOSTRATTHEESRDNISDTISRTICRTICCTOOUFRGTEOR~~AEUG~2E3N20'10 Clerk ATLANTA DIVISION

ANGEL FRANCISCO CASTRO-TORRES, Plaintiff,
v. JEREMIAH M. LIGNITZ and BRIAN J. WALRAVEN, in their individual capacities,
Defendants.

) ) ) )
la~J 0- CV- 26:3 6
) ) ) ) ) ) ) ) ) )

-----------------------------)

COMPLAINT

PRELIMINARY STATEMENT

1. This federal civil rights lawsuit arises from the unwarranted

stop, arrest and brutal assault of an unarmed Latino bicyclist by Officers of

the Cobb County Police Department.

2. On March 26, 2010, the Defendant officers stopped Plaintiff

Angel Francisco Castro-Torres ("Mr. Castro") as he rode a bicycle in Cobb

Case 1:10-cv-02636-JOF Document 1 Filed 08/23/10 Page 2 of 25
County, Georgia. Defendants observed that Mr. Castro was Hispanic before they stopped his bicycle. Defendants demanded identification from Mr. Castro, questioned his immigration status, and arrested him. In the course of this arrest, the officers brutally assaulted Mr. Castro, breaking bones in his nose and left eye socket. Upon arrest, Defendants took Mr. Castro to the Cobb County Adult Detention Center ("Cobb County Jail"), where he was subjected to immigration questioning. Mr. Castro was detained at the Cobb County Jail for over four months and was subsequently transferred to the custody of United States Immigration and Customs Enforcement (ICE) for placement in removal proceedings.
3. The Cobb County Jail is the primary jail housing persons arrested by Officers of the Cobb County Police Department. While Cobb County Police Department patrol officers, like the Defendants, lack the authority to enforce federal immigration law, the jail is administered by the Cobb County Sherriff. The Cobb County Sherriff's Office is authorized, pursuant to a Memorandum of Agreement with ICE under 8 U.S.c. § 1357(g); INA § 287(g) (,,287(g) immigration authority"), to interrogate and process for immigration violations any noncitizen who comes into contact with designated jail staff after arrest.
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4. Since the February 2007 effective date of the Cobb County Jail's 287(g) immigration authority, more than 4,500 noncitizens have been removed from the United States after arrest in Cobb County. Very few of Cobb County's noncitizen detainees contested the criminal charges against them or the bases for the arrests which brought them to the 287(g) facility, before they were removed from the United States.
5. Upon information and belief, Defendants knew of the Cobb County Jail's 287(g) immigration authority when they stopped and arrested Mr. Castro and took him to the Cobb County Jail.
6. Upon information and belief, the Defendants stopped and arrested Mr. Castro because of his Latino race and ethnicity, from which they inferred that he was a noncitizen.
7. On August 10,2010 the Cobb County State Court granted Mr. Castro's motion to suppress evidence on the grounds that Defendants acted unconstitutionally in stopping him without any reasonable suspicion of criminal activity. The Court dismissed all criminal charges brought against Mr. Castro under an order of nolle prosequi.
8. Mr. Castro now seeks redress for the Defendants' violations of his constitutional rights and for his false imprisonment.
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JURISDICTION 9. This action arises under the Constitution and laws of the United States, including 42 U.S.C. § 1983, and the laws of the state of Georgia. This Court has jurisdiction pursuant to 28 U.S.c. §§ 1331, 1343 and 1367.
VENUE 10. Venue is proper pursuant to 28 U.S.C. § 1391(b), as a substantial part of the events giving rise to the claims occurred in the Northern District of Georgia.
PARTIES 11. At all times relevant to this action, Plaintiff Angel Francisco Castro-Torres ("Mr. Castro") was a "person within the jurisdiction" of the United States for the purposes of 42 U.S.c. § 1983. 12. At all times relevant to this action, Mr. Castro was a "person" for the purposes of the Fourth Amendment to the United States Constitution. 13. Defendant Jeremiah M. Lignitz ("Defendant Lignitz") was, at all times relevant to this action, a law enforcement officer employed by the Cobb County Police Department.
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14. At all times relevant to this action, Defendant Lignitz was a person acting under color of state or local law .
15. Defendants Lignitz is sued in his individual capacity. 16. Defendant Brian J. Walraven ("Defendant Walraven) was, at all times relevant to this action, a law enforcement officer employed by the Cobb County Police Department. 17. At all times relevant to this action, Defendant Walraven was a person acting under color of state or local law. 18. Defendant Walraven is sued in his individual capacity.
FACTUAL ALLEGATIONS 19. On the afternoon of March 26, 2010, Plaintiff Angel Francisco Castro-Torres ("Mr. Castro") was traveling south along South Cobb Drive in Cobb County, Georgia on a bicycle. 20. As Mr. Castro traveled south on South Cobb Drive, he passed in front of Defendants Lignitz's and Walraven's marked patrol car, which was waiting at a red light in an eastbound lane of a road intersecting South Cobb Drive. 2!. Defendants noted that Mr. Castro was Hispanic as he rode past
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them. 22. Mr. Castro was not known to Defendants. 23. Defendants had no information as to any prior conduct or
misconduct on Mr. Castro's part. 24. Mr. Castro was unarmed. 25. At no time relevant to this action did Defendants have any
reason to believe that Mr. Castro might have been armed, dangerous or about to commit a crime.
26. Defendants turned to follow Mr. Castro south on South Cobb Drive.
27. Defendants motioned to Mr. Castro to stop his bicycle and pulled their car into the intersection of South Cobb Drive and Old Concord Road, where Mr. Castro stopped his bicycle, in compliance with Defendants' directions. This March 26,2010 encounter, and subsequent questioning are referred to hereinafter as "the Terry stop."
28. At no time relevant to this action did Defendants activate their marked patrol car's warning lights.
29. Defendants purport to have made the Terry stop because Mr. Castro failed to yield to traffic.
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30. At no time relevant to this action did Mr. Castro fail to yield to traffic.
31. Upon information and belief, Defendants stopped Mr. Castro because of his Latino race and ethnicity.
32. Upon information and belief, Defendants stopped Mr. Castro because they inferred that he was a not a U.S. citizen.
33. Immediately upon stopping him, Defendants informed Mr. Castro that he was not free to move.
34. After informing Mr. Castro that he was not free to move, Defendants initiated questioning.
35. Defendants did not question Mr. Castro regarding any failure to yield, nor did they mention any failure to yield to him in the course of the Terry stop.
36. Defendants questioned Mr. Castro about his identity and about whether he had immigration documents.
37. Upon information and belief, Defendants extended their questioning and detention of Mr. Castro because of his Latino race and ethnicity.
38. Upon information and belief, Defendants extended their
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questioning and detention of Mr. Castro because they inferred that he was not a U.S. citizen.
39. Defendants questioned Mr. Castro in English without Spanish interpretation.
40. Mr. Castro, a native Spanish-speaker with limited English proficiency, attempted to comply with Defendants' questioning.
41. During the Terry stop, Defendants became aware of Mr. Castro's very limited English language ability.
42. Defendants' interrogated Mr. Castro in the English language, even after they were aware of Mr. Castro's very limited English language ability.
43. Upon information and belief, Defendants did not attempt to obtain or provide interpretation during the Terry stop.
44. Although Georgia and relevant localities do not have a "stop and identify" statute, Defendants purport to have detained Mr. Castro due to identification purposes.
45. Mr. Castro identified himself upon Defendants' request and did not withhold relevant identity information.
46. Mr. Castro provided Defendants with both his correct age and
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his correct date of birth. 47. Defendants forced Mr. Castro against their patrol car. As
Defendant Walraven held Mr. Castro, Defendant Lignitz struck Mr. Castro in the face with his forearm or elbow.
48. Emergency Medical Technicians from MetroAtlanta Ambulance responded to the scene.
49. Mr. Castro suffered fractures to his left eye socket and to his nose as a result of Defendants' assault on him.
50. Mr. Castro suffered damage to a portion of his inferior rectus muscle as a result of Defendants' assault on him.
51. Mr. Castro suffered restrictive movement in the upward gaze of his left eye as a result of Defendants' assault on him.
52. Mr. Castro suffered double vision as a result of Defendants' assault on him.
53. Defendants arrested Mr. Castro and took him to the Cobb County Adult Detention Center.
54. Defendants arrested Mr. Castro without a warrant. 55. Upon information and belief, Defendants arrested Plaintiff because of his Latino race and ethnicity.
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56. Upon information and belief, Defendants arrested Plaintiff because they inferred that he was a noncitizen.
57. Defendants obtained a warrant after Mr. Castro's arrest. 58. The only criminal or traffic charges brought against Mr. Castro as a result of the March 26, 2010 Terry stop were two counts of misdemeanor grade obstruction or hindering of law enforcement officers pursuant to O.C.G.A. § 16-1O-24(a). 59. Mr. Castro spent over four months incarcerated as a pre-trial detainee in the Cobb County Jail, awaiting an opportunity to demonstrate his mnocence. 60. On April 8,2010, after thirteen days enduring pain from Defendants March 26, 201 0 assault on him, Mr. Castro underwent surgery at Northwest Oral and Maxillofacial Surgery to repair the blow-out fracture to the floor of his left orbital socket. 61. Mr. Castro's injuries have caused lasting damage, pain, suffering and distress. 62. On August 10, 2010, the Cobb County State Court heard Mr. Castro's motion to suppress evidence in the criminal case on the grounds that the Terry stop and his detention were unconstitutional. Both Defendants
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were lawfully subpoenaed to attend and provide testimony at the August 10, 2010 hearing. Neither Defendant complied with the lawful subpoena compelling their attendance and testimony at the August 10, 2010 suppression hearing.
63. On August 10, 2010, Chief Judge Toby Progers granted Mr. Castro's motion to suppress evidence which was based on the unconstitutional Terry stop and detention.
64. All criminal charges against Mr. Castro were dismissed upon entry of an order of nolle prosequi dated August 10,2010.
65. Mr. Castro faces immigration proceedings as a result of his improper March 26, 2010 arrest.
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CAUSES OF ACTION COUNT I
Terry Stop Without Reasonable Suspicion 4th Amendment; 42 U.S.c. § 1983
66. Plaintiff re-alleges and incorporates by reference the allegations stated in '11'1111 - 65 above.
67. Defendants made the Terry stop without reasonable suspicion. 68. Plaintiff had the right under the Fourth Amendment to the United States Constitution, as applied to states through the Fourteenth Amendment, to be free from unreasonable seizures. 69. Defendants' actions constituted a seizure of Plaintiff's person. 70. Defendants' seizure of Plaintiff's person was unreasonable. 71. Defendants' actions subjected Mr. Castro to a deprivation of his rights as secured by the Fourth Amendment. 72. The law was clearly established prior to March 26,2010, that a Terry stop executed without reasonable suspicion constitutes an unreasonable seizure in violation of the Fourth Amendment of the United States Constitution. 73. Plaintiff was injured by Defendants' unconstitutional seizure,
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which deprived Plaintiff of his rights secured by the Fourth Amendment. 74. Defendants' conduct of subjecting Plaintiff to an
unconstitutional seizure without reasonable suspicion was motivated by evil motive or intent, or was recklessly or callously indifferent to the Plaintiff's Fourth Amendment rights.
75. Plaintiff suffered mental and emotional distress as a result of Defendants' unconstitutional seizure.
COUNT II Extension of Detention Without Probable Cause
4th Amendment; 42 U.S.C. § 1983 76. Plaintiff re-alleges and incorporates by reference the allegations stated in 'J[~[ 11 - 65 above. 77. Defendants' Terry stop of Mr. Castro was not, at its inception, a valid stop. 78. Defendants' Terry stop of Mr. Castro lasted approximately twenty-five minutes. 79. Defendants' investigatory detention of Mr. Castro was unreasonable in length and scope, in light of its purported original purpose
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of redressing a failure to yield. 80. Defendants detained Mr. Castro beyond the time period
reasonably necessary to address the failure to yield which Defendants offer to justify the Terry stop.
81. Defendants questioned Mr. Castro regarding matters exceeding the permissible scope of investigation of Mr. Castro's alleged failure to yield.
82. Defendants' questions which were unrelated to Mr. Castro's alleged failure to yield unreasonably prolonged Mr. Castro's detention.
83. Defendants' extension of detention and questioning beyond the time and scope reasonably necessary to redress Mr. Castro's alleged failure to yield were not justified by probable cause and/or reasonable suspicion of any other criminal activity.
84. Defendants' extension of detention and questioning beyond the time and scope reasonably required by Mr. Castro's alleged failure to yield was not consensual.
85. Plaintiff had the right under the Fourth Amendment to the United States Constitution to be free from unreasonable seizures.
86. Defendants' actions constituted a seizure of Plaintiff's person.
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87. Defendant's seizure of the Plaintiff's person was unreasonable. 88. Defendants' actions subjected Mr. Castro to a deprivation of his rights as secured by the Fourth Amendment. 89. Plaintiff was injured by Defendants' unconstitutional seizure, which deprived Plaintiff of his rights secured by the Fourth Amendment. 90. Defendants' conduct of subjecting Plaintiff to an unconstitutional seizure was motivated by evil motive or intent, or was recklessly or callously indifferent to the Fourth Amendment rights of Plaintiff. 91. Plaintiff suffered mental and emotional distress as a result of Defendants' unconstitutional seizure.
COUNT III Arrest Without Probable Cause 4th Amendment; 42 U.S.C. § 1983 92. Plaintiff re-alleges and incorporates by reference the allegations stated in 1111 - 65 above. 93. At the outset of the Terry stop, Defendants told Mr. Castro that he was not free to leave.
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94. At no point during the Terry stop was Mr. Castro told that he was free to leave.
95. Throughout the Terry stop, Mr. Castro believed that he was not free to leave the scene.
96. Defendants arrested Mr. Castro without a warrant. 97. Defendants arrested Mr. Castro without probable cause to believe that Mr. Castro had committed, was committing or was about to commit an offense. 98. Defendants' arrest of Mr. Castro was not objectively reasonable under the totality of the circumstances. 99. The facts and circumstances within the Defendants' knowledge at the time of arrest, of which they had reasonably trustworthy information, would not have caused a prudent person to believe, under the circumstances shown, that Mr. Castro had committed, was committing or was about to commit an offense. 100. Plaintiff had the right under the Fourth Amendment to the United States Constitution, as applied to states through the Fourteenth Amendment, to be free from unreasonable seizures. 101. Defendants' actions constituted a seizure of Plaintiff's person.
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102. Defendant's seizure of the Plaintiff's person was unreasonable. 103. Defendants' actions subjected Mr. Castro to a deprivation of his rights as secured by the Fourth Amendment. 104. Defendants' conduct of subjecting Plaintiff to an unconstitutional seizure was motivated by evil motive or intent, or was recklessly or callously indifferent to the Fourth Amendment rights of Plaintiff. 105. Plaintiff was injured by Defendants' unconstitutional seizure, which deprived Plaintiff of his rights secured by the Fourth Amendment. 106. Plaintiff suffered mental and emotional distress as a result of Defendants' unconstitutional seizure.
COUNT IV
False Imprisonment - O.C.G.A. § 51-7-20 107. Plaintiff re-alleges and incorporates by reference the allegations stated in 'll'llll - 65 above. 108. Defendants arrested Mr. Castro without a warrant. 109. Defendant Lignitz obtained a warrant after the arrest. 110. During the Terry stop, Mr. Castro complied with all lawful
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requests for information to the extent legally required. 111. At no time did Mr. Castro commit any offense in the presence
of the Defendants. 112. Plaintiff did not commit any offense within the immediate
knowledge of Defendants. 113. At no time did Mr. Castro endeavor to escape from Defendants. 114. It was not likely that a failure of justice would occur for want of
a judicial officer to issue a warrant. 115. Mr. Castro was detained for at least two and one half hours
after his arrest before Defendant Lignitz obtained a criminal warrant. 116. Mr. Castro was incarcerated in the Cobb County Jail for more
than four months, awaiting trial on the charges, dismissed under order of nolle prosequi, which formed the basis for Defendants' arrest of him.
117. Defendants unlawfully detained Plaintiff's person for a significant length of time.
118. Plaintiff was deprived of his personal liberty as a result of Defendants unlawful detention of his person.
119. Mr. Castro was seriously injured, suffering fractures to his nose and left eye socket, as Defendants unlawfully detained his person.
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120. Mr. Castro was seriously injured, suffering damage to a portion of his inferior rectus muscle, as Defendants unlawfully detained his person.
121. Mr. Castro was seriously injured, suffering restricted motion in the upward gaze of his left eye, as Defendants unlawfully detained his person.
122. Mr. Castro was seriously injured, suffering double vision, as Defendants unlawfully detained his person.
123. Mr. Castro's injuries have required one surgery to date. 124. Plaintiff suffered mental and emotional distress as a result of his false imprisonment. 125. Plaintiff suffered significant damages as a result of his false imprisonment by Defendants. 126. Defendants acted maliciously in effecting Plaintiff's false imprisonment. 127. Defendants' conduct in effecting Plaintiffs false imprisonment showed willful misconduct, malice, wantonness, oppression, an entire want of care and conscious indifference to the consequences of their conduct.
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COUNT V Excessive Force - 4th Amendment; 42 U.S.C. § 1983 128. Plaintiff re-alleges and incorporates by reference the allegations
stated in 'll'll 11 - 65 above.
129. At no time relevant to this action did Mr. Castro pose an objective, immediate threat to the physical safety of Defendants or of any other person.
130. At no time relevant to this action was Mr. Castro armed with a weapon.
131. At no time relevant to this claim did Mr. Castro assault, batter or resist any officer of the law.
132. It was not necessary to beat Plaintiff in order to prevent his escape.
133. It was not necessary to beat Plaintiff in order to securely detain him.
134. Mr. Castro was the subject of a brutal assault by Defendants. 135. Plaintiff had the right under the Fourth Amendment to the United States Constitution to be free from unreasonable seizures in the form of excessive force.
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136. Defendants' actions constituted a seizure of Plaintiff s person. 137. Defendants' actions subjected Mr. Castro to a deprivation of his rights as secured by the Fourth Amendment. 138. Defendants acted under color of the statutes, ordinances, regulations and customs of the State of Georgia. 139. Plaintiff was injured by Defendants' unconstitutional seizure in application of excessive force, which deprived Plaintiff of his rights secured by the Fourth Amendment. 140. Defendants' use of force in the form of striking Plaintiff constituted excessive force, in excess of the limits imposed upon the use of force by officers by operation of the Fourth Amendment of the United States Constitution. 141. The law was clearly established prior to March 26, 2010, that the Fourth Amendment's prohibition against unreasonable seizure is violated by the beating of a non-resisting suspect who, at the time of the beating was not posing an objective threat to a police officer. 142. Defendants applied excessive force in the course of arresting Plaintiff.
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143. Defendants acted with reckless disregard of the risk of physical harm posed to Mr. Castro by their conduct, and were recklessly indifferent to the prospect that their actions would cause serious or further physical harm to the Plaintiff.
144. Defendants' application of excessive force while making an unreasonable seizure of the Plaintiff was motivated by evil motive or intent, or was recklessly or callously indifferent to the Plaintiff's Fourth Amendment rights.
145. As a direct and proximate result of Defendants' actions, Plaintiff suffered severe injury to, among other parts of his body, his left eye and nose.
146. As a direct and proximate result of Defendants' actions, Plaintiff suffered fractures to his left eye socket and to his nose.
147. As a direct and proximate result of Defendants' actions, Plaintiff suffered damage to a portion of his inferior rectus muscle.
148. As a direct and proximate result of Defendants' actions, Plaintiff suffered restrictive movement in the upward gaze of his left eye.
149. As a direct and proximate result of Defendants' actions, Plaintiff suffered double vision.
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Case 1:10-cv-02636-JOF Document 1 Filed 08/23/10 Page 23 of 25 150. Plaintiff suffered mental and emotional distress as a result of
Defendants' actions 151. Plaintiff will suffer from the pain and emotional harm of this
incident in the future.
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PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests that this Court award the following

relief:

a. Compensatory damages;

b. Punitive damages against Defendants, individually;

c. Attorneys fees and costs of litigation pursuant to the provisions

of Title 28 ofthe United States Code and 42 U.S.c. § 1988;

d. Pre-judgment and post-judgment interest on any award of

damages;

e. Costs of litigation pursuant to O.C.G.A. § 13-6-11; and

g. Such other and further relief as this Court deems just and

appropriate.

Resp, ctfully ~~·tted this 23rd day of August, 20lO,

Daniel Werner State Bar of Georgia No. 422070 daniel. werner@sp1center.org Immigrant Justice Project Southern Poverty Law Center 233 Peachtree Street, Suite 2150 Atlanta, Georgia 30303 Tel: 404-521-6700 Fax: 404-221-5857

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Andrew H. Turner (pro hac vice application to be filed electronically) Alabama State Bar # ASB-8682-W84T andrew .turner@spicenter.org Samuel Brooke (pro hac vice application to befiled electronically) Connecticut State Bar # 426645 samuel.brooke@spicenter.org Immigrant Justice Project Southern Poverty Law Center 400 Washington Ave. Montgomery, AL 36104 Tel: 334-956-8200 Fax: 334-956-8481
Trina Realmuto (pro hac vice application to be filed electronically) California State Bar # 201088 trina@nationalimmigrationproject.org Paromita Shah (pro hac vice application to be filed electronically) Massachusetts State Bar # 641608 paromita@nationalimmigrationproject.org National Immigration Project of the National Lawyers' Guild 14 Beacon Street, Suite 602 Boston, MA 02108 Tel: 617-227-9727 x8 Fax: 617-227-5495
G. Brian Spears State Bar of Georgia No. 670112 bspears@mindspring.com 1126 Ponce de Leon Avenue Atlanta, Georgia 30306 Tel: 404-872-7086 Fax: 404-892-1128
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Case 1:10-cv-02636-JOF Document 1-1 Filed 08/23/10 Page 1 of 2

Local FOl1ll 440 (l2/()9) Summons in n Civil Action
UNITED STATES DISTRICT COURT
for the Northern District of Georgia

ANGEL FRANCISCO CASTRO-TORRES
Plaintiff
v. JEREMIAH M. LlGNITZ and BRIAN J. WALRAVEN
Defendant

Civil Action No.
1·10-CV-2636

SUMMONS IN A CIVIL ACTION
To: (Defendant's name and address)
Jeremiah M. Lignitz Officer, Cobb County Police Department 140 North Marietta Pkwy Marietta, GA 30060

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) - or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address arc:
Daniel Werner Irnrnigrant Justice Project Southern Poverty Law Center 233 Peachtree Street, Suite 2150 Atlanta, Georgia 30303
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also mllst file your answer or motion with the coul1,

Date:

JAMES N. HATrEN
CLERK OF COURT
t!l~j
------
Signature oreler/..: or Deputy Clel'k

Case 1:10-cv-02636-JOF Document 1-1 Filed 08/23/10 Page 2 of 2

Local FO]ll] 440 (12109) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the Northern District of Georgia

ANGEL FRANCISCO CASTRO-TORRES
Plaintiff
v. JEREMIAH M. LlGNITZ and BRIAN J. WALRAVEN
Defendant

Civil Action No.
l'10-CV-2636

SUMMONS IN A CIVIL ACTION
To: (Defendant's name and address)
Brian J. Walraven 3961 RIDGE RD DOUGLASVILLE, GA 30134-5028

A lawsuit has beeu filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) - or 60 days if you arc the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address are:
Daniel Werner Immigrant Justice Project Southern Poverty Law Center 233 Peachtree Street, Suite 2150 Atlanta, Georgia 30303
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
JA1JES N HAT'I'EN
CLERK OF COURT

Date: 23 AUG 2010

Signature of Clerk or Deputy Clerk

Case 1:10-cv-02636-JOF Document 1-2 Filed 08/23/10 Page 1 of 2

J..;.44 (Re~ :'i'/08 ~(}GA)

10- GV-' 26 3 6 CIVIL COVER SHEF! :

The JS44 ch"i! cowr sheet and thr information containt'd hrrein neither replace nor ~upplemcnt the filing and service of pleadings or 01 her paper.; as required by law. except as provided by local rules of court. This form is required for the use ortht Clerk ureourt for the purpo~e of initiating tht' ci\'i1 docket record, (SEE Il\STRlCTlQ:\S ArT AClIED)

I. (a) PLAINTIFF(S)
ANGEL FRANCISCO CASTRO,TORRES

DEFENDANT(S)
JEREMIAH M. LIGNITZ BRIAN J. WALRA YEN

(b) COUl'TY OF RESIDEl'CE OF FIRST LISTED
PLAINTIFF Wood County, WY
(EXCEPT I:\, LS, rLAII'TlFF CASES)
(c) ATTORNEYS (FIRM :\A\IE. ADDRESS, TELEPHOM: l\eMBER, AI\D
E-MAIL ADDRESS)
Immigrant Justice Project, Southern Poverty Law Center 233 Peachtree Street, Suite 2 I 50 Atlanla, Georgia 30303 Tel: 404,521,6700 sbrooke@splcenter.org

L'W:Ob CDO£FUENNTDYA~OTf_'"R,E,S-I:D-E:,N-C-E:_O-Fc,F-IR-:S=T_...,._ .IY (1:"\ u.s. PLAI:\"TIFF CASES O:'\:U')
!';OTE: I:\" I.AKU CO'\DF:\I:\ATiO'\ CASES, USE THE LOCATIO]\" OF THE TRACT OF LAI'D I:,\VOLV£D

II. BASIS OF JURISDICTION
(nACE AI' ~X~ 1:\ O~E BOX O:\LY)

o 1 U.S. GOVER."i"\IE:,\T PLAI:\TlFF
02 LS.{;O\·ER.,\MEI'f
DEFEI'DA.'\T

[2] 3 ~(.~.E;'~~E~~~\~~~·)r\OT A PARTY)
o 4 :~~:I~::~·ClTIZE."';SHIP OF PARTIES 1:,\ ITEM III}

III. CITIZENSHIP OF PRINCIPAL PARTIES
(PLACE AI'; "X"'I' O:,\E BOX FOR PLAINTIFF AI'D O.l\E BOX FOR DEH;:-;OA"T)
(FOR DIVERSITY CASES Ol'LY)

Pl.F DEF

PLF

OJ OJ CITIZEl\" OF THIS STATE

0'

0 ' 0 ' D.;; cnIZE~OFA~OTHERSTATE

0 ' 0 ' ClTIZEI' OR S(BJECT OF A F{)REIGI' COl:,\TRY

0'

OEF
04 0'
0'

I:>;CORPOR.4.TEO OR PRll'ClPAL PLACE OF Bna:\ESS II' THIS STATE
I"TORPORATED A),;"D PRll\ClPAL PLACE OF Bl-SI]\"ESS 'I' AMlTHER STATE
FOREIGj\; KA TlO~

IV. ORIGIN (PLACE.\I'~X~Ij\;OM:BOXO;\"LY)

D D D D D r71
tLJIORIGI;\AL

2 REMOVED FRO~1

3 R~:I\lAl\'DED FROM

4 REII'ST.'" fED OR

TRA:\SFERlu;n FRO\f :; A,.;QTHER mSTRICT

6 Mlil.TIDISTRlcr

PROCE£DI~G

STATE COt"RT

APPELL.-\TE COl-RT

REOPEl\En

(.... pl~ify District)

LlTIGATlO:'\

D APPF:AL TO DISTRICT JUDGE 7 FRO'\1 MAGISTRATE JlTDGE Jl'DGME'\T

V. CAUSE OF ACTION (CITE THE LS. CfYIL STATUn' l".'\DER WIIICII YOI: ARE FlLI.'\G AKD WRITE >\ BRIEF STAH!\IE"'T OF CAl'St:- DO ]\"OT CITE Jl:RISDICTlO,,"AL STATUTES l":'\U:SS DlVERSIH)

42 U.S.c. § 1983 Violation of Fourth Amendment to U.S_ Constitution, and corresponding state-law claims, committed by police officers_

(IF COMPLEX, CHECK REASON BELOW)
o I, Unusually large number of parties,
02. Unusually large number of claims or defenses.
o 3_ Factual issues are exceptionally complex
o 4. Greater than nonnal volume of evidence.
o 5, Extended discovery period is needed.

o 6. Problems locating or preserving evidence
o 7. Pending parallel investigations or actions by government. o 8. ~ultiple use of experts. o 9, Need for discovery outside United States boundaries. o 10. Existence of highly technical issues and proof.

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NATURE OF SVIT_____ CAUSE OF ACfION --------~-----_-- - - , c - - ' - -

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Case 1:10-cv-02636-JOF Document 1-2 Filed 08/23/10 Page 2 of 2

VI. NATURE OF SUIT (PLACE.,,·X" " 0'" "OXO'LY)

.,' "

COJ\TRACT - "0" MONnlS DISCOVERY TRACK'
CJ 150RECOVERYOFOVERPA)J\1ElliT&

o

E"'FORCEMEI"r OF JllDGME:\'T 152 REeo" [RY OF DEFAULTED STUm;I\T

o

LOM"'S (E~cl. Veterans) 153 RF:COVERYOFOVERPAYl\fEKT OF

\'ETERA;\"S BE:\"EFITS

CONTRACT - "4" MO!'lTHS DISCOVERY TRACK

D 110 I~SURA!\"CE

D

1201\1ARI~E

c:J 130 MILLER ACT

or::::J 140 ... EGOTL.... BLE II'$TRl'MEI'\T ISlMEDlCARE ACT

c:J 160 STOCKHOLDERS' SUITS

oCJ 190 OTHER CO!'HRACT 195 CO)'l;TRACT PRODUCT [,lABILITY

c:J 196 FRAr>.THISE

REAL PROPERTY - "4" l\10~THS DISCOVERY
----a- TRACK 2Hl LAI"n CO;":DE:\t;":ATlO~ c:J 220 FORECLOSl!RE D 230 REJ\T LEASE & EJ£CTME:-;T c:J 240 TORTS TO LA:\"D o 245 TORT PRODUCT LIABILITY o 290 ALL OTHER REAL PROPERTY

TORTS - PERSOI'iAL (~JURY - "4" MONTHS

DISCOVERY TRACK

o o

310 AIRPLA~E 315 AIRPLA~E PRODLCT LiARTLlT\'

E3 ~~~ ;~~~~~~.' ~~~:~O~'~~~'~~~:ILlTY

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345MARIl\E PRODUCT LIABILITY 350 ~lOTOR VEHICLE
355 MOTOR VEHICLE PRODUCT LiAIHLiTY

E3 360 OTlIER PERSOKAL Il\RRY 362 PERSOl\AL 1l\'JURY - MEDICAL

;\IALi'RACTICE
DO 365 PERSO'\A), Il\JURY - PROm:CT LIABILITY

368 ASBESTOS PERSOl\AL 1:-l.JURY PRODlXT

LIABILITY

TORTS - PERSONAL PROPERTY - "4" MO)'l.'THS
DISCOVERY TRACK
t::J 370 OTHER FRAU>
c::J 371 TRllTH 1.'\ LEl\DI:\G c::J 380 OTm;R PERSONAL PROPERTY DA'\1AGE c::J 3H5 PROPERTY DAMAGE PRODUCT LlABlLlT\'

BANKRUPTCY - "0" MO~THS DISCOVERY
TRACK CJ 422 APPEAL 28 USC 158 CJ 423 WITHDRAWAL 28 USC 157

o CIVIL RIGHTS - "4" MO'ITHS DISCOVERY TRACK 44lVOTI ...·C § 442 }o:\1I'LOYMENT 443 HOUSINGI ACCOM,\lODATlO;\:S 4..j..j WELFARE B :.::: CZJ 440 OTHER CIVIL RIGHTS ~~~ ~~:~~:~~~~ ~:~~::~:~:~~ ~ ~';;.~~o~ment
IM.I\1JGRATlON - "0" MONTHS DISCOVERY TRACK
D 462 NATURALIZATION APPLICATIO'\
o 463 IIAREAS CORPUS- Alien Detain""
D 465 OTHER 1J\1:'\1IGR-\.TlOI\ ACTlOl\S
PRISOI\ER PETITIO'lS - "0" MONTHS DISCOVERY
-----a- TR.\CK 510 J\10TIOI\S TO VACATE SEI\TE:\,CE c:::J 530 HABEAS CORPUS c:::J 53511ABEAS CORPUS nEATH PENALTY c:::J 540I\L-\.l\DAML:S & OTHER D 550 CIVIL RIGHTS - Filed Pro se D 555 PRISO!' COl\DITIOI\(S) - Filed Pro .'C
PRISOI\ER PETlTIO."'iS - "4" MONTHS DISCO\'ERY TRACK
o ~ 550 en'IL RIGHTS - Filed b}' Coun.cl 555 PRISO!' COl\DITIOl\(S) - Filed by Counsd
FORFEITLRE/PENALTY - "4" MONTHS DISCOVERY TRACK
---r::::r- 610 AGRICULTURF.
o 620 FOOD & DRUG
CJ 625 DRUG RELATED SElZURE OF PROPERTY 21 esc 881
§ 630 LlQlIOR L....WS 640 RR & TRlTK 650 AIRU"':F; REGS,
D 660 OCCUPATlOl\AL SAFETY / IIF;ALTII D 690 OTHER
LABOR - "4" MONTHS DISCOVERY TRACK
o 710 FAIR LABOR STAI\DARDS ACT o 720 LABORlMG~IT, RELATIONS o 730 LABORlI\1GMT, REPORTlI.... G & DISCLOSURE
ACT
8 740 RAIL\\'AY LABOR ACT 790 OTHER LABOR LITIGATION
D 791 EMPL. RET.II\C. SECURITY ACT
PROPERlY RIGHTS - "4" \10NTIIS DISCOVERY TRACK
o ~ !l20 COPYRIGHTS 840 TRADEMARK
PROPERTY RIGHTS - "8" .\fONTHS DISCOVERY TRACK ~!l30PATEl\T

SOCIAL SECURITY - "0" J\10~TIIS DISCOVERY

TR.\CK

~ 861 iliA (1395fl)

ooooc:::J

862 BLACK LUl\G (923) 863 DlWC (405(::)) 863 DlWW (405(::)}
864SSIDTlTI,~;X"1
865 RSI (405(g))

FEDERAL TAX SUITS - "4" MONTHS DISCOVERY TRACK
o ~ H70 TAXES (l',S,I'laintiffor Defendant) 8711R..., - TlURD PARTY 26 LSC 760'1

OTHER STATUTES· "4" MOl\'THS DISCOYERY

TRACK
---0- 400 STATE REAPPORTIOl\:>.IEI\T

D

430 BAl\KS Al\D BAI\KI~G

o o D

450 COMl\n:RCEliCC RA TESIETC. 460DEPORTATlOl\' 470 R.4.CKETEER Th'FLUE:\CED AND CORRl'PT

ORGAKIZATIONS

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o
D
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480 COr.;SI:MER CREDIT 490 CABLE/S-\. TELLITE TV 810 SELECTIVE S~;RYICE
H75 CUSTOMER CHALLEI\'GE 12l'SC 3410 891 AGRICULTURAL ACTS 892 ECO~OMIC STABILIZATlOI\ }\CT 893 El\'\,IROl\'Mf;I\'T AL MATTERS 894 El\ERGY ALLOCA TlOI\: AC r H95 FREEDOM OF I~FORMATIOi'> ACT
'Ion APPEAL OF FH; DETERMI"iAT10."l Cl\DER
EQt'AL ACCESS TO ll"STIO: 950 eO'-';STITt:TlOI\'ALITY OF STATE STATUn;S
890 OTIII':R STATl'TORY ACTIO!'S

OTHER STATUTES - "8" MONTHS DISCOVERY

---0- TRACK 410 AI\TITRL'ST

D

850 SECliRITIES/CO,\'1\10DlTlES I EXCHAl\'GE

OTHER STATUTES - "0" \fONTHS DISCOVERY
oTRACK ARBITRATlO:\' (Confirm I Vacate I Order / Modify)

Cl.Jotc: Mark underl)'ing Nature of Suil as well)

* PLEASE NOTE DISCOVERY
TRACK FOR EACH CASE TYPE. SEE LOCAL RULE 26.3

vn. REQUESTED IN COMPLAINT:
o CHECK IF CLASS ACTIO~ UNDER F.R.Ch.P. 23

DEMAND $_____________________

JliRY DEMAND DYES [2] NO (CHECK YES O:,\,LY IF DEI\1Al\'DED I~ COMPLAINT)

VIIl. RELATED/REFILED CASE(S) IF ANY

JVDGE__________________________

DOCKET NO.____________

CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES: (CHECK AI'PROPRIATE BOX)
D I. PROPERTY I~CLUDED IN AN EARLIER NLMBERED PE'IDI~G StilT. D 2. SAME ISSUE OF FACT OR ARISES OUT OF THE SA'\fE EVENT OR TRAA'SACTIO~ I)'I."CLUDED IN AN EARLIER Nt:MBERED PE'IDlNG SVIT.
D 3, VALIDITY OR l~fRINGE:\1ENT OF THE SAME PATE~T, COPYRIGHT OR TRADEMARK Il'iCLUDED IN AN EARtlER l\'UMBERED PENDING SUIT. O 4, APPEALS ARISll'o'G OVT OF TilE SAME BAl'iKRUPTCY CASE A)'I.'D ANY CASE RELATED THERETO \VIIlCH HAVE BEEN DECIDED BY THE SAVIE
BANKRUPTCY JUDGE.
D 5. REPETITIVE CASES FILED BY PRO SE L1TIGA'ITS, D 6. COMPAl\'ION OR RELATED CASE TO CASE(S) BEI~G SI:\1UI.TANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTilER CASE(S»:

o 7. EITHER SAME ORALL OFTHE PARTIES AND ISSt:ES 1;\' THIS CASE \VERE PREVIOUSLY II\VOLVED IN CASE 1\0. ~~_...:;>SED. This caseD IS D I S ~OT (check one box) SUBSTANTIALLY THE SAME CASE.

, WHICH WAS

 
 Case: 1:10-cv-2636 As of: 02/13/2014 11:22 AM EST 1 of 6
4months,CLOSED
U.S. District Court Northern District of Georgia (Atlanta) CIVIL DOCKET FOR CASE #: 1:10−cv−02636−JOF

Castro−Torres v. Lignitz et al Assigned to: Judge J. Owen Forrester Cause: 42:1983 Civil Rights Act
Plaintiff Angel Francisco Castro−Torres

Date Filed: 08/23/2010 Date Terminated: 05/10/2011 Jury Demand: Defendant Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Andrew H. Turner Southern Poverty Law Center−AL 400 Washington Avenue Montgomery, AL 36104 334−956−8326 Email: andrew.turner@splcenter.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Paromita Shah National Immigration Project of the National Lawyers Guild Suite 602 14 Beacon Street Boston, MA 02108 202−271−2286 Email: paromita@nationalimmigrationproject.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Samuel Brooke Southern Poverty Law Center−AL 400 Washington Avenue Montgomery, AL 36104 334−956−8200 Email: sbrooke@splcenter.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Trina Realmuto National Immigration Project of the National Lawyers Guild Suite 602 14 Beacon Street Boston, MA 02108 617−227−9727 Email: trina@nationalimmigrationproject.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Daniel Werner Immigrant Justice Project, Southern Poverty Law Center Suite 2150 233 Peachtree Street, NE Atlanta, GA 30303 404−521−6700 Email: daniel.werner@splcenter.org

Case: 1:10-cv-2636 As of: 02/13/2014 11:22 AM EST 2 of 6
ATTORNEY TO BE NOTICED
George Brian Spears Law Office of Brian Spears 1126 Ponce de Leon Avenue Atlanta, GA 30306 404−872−7086 Fax: 404−892−1128 Email: Bspears@mindspring.com ATTORNEY TO BE NOTICED

V. Defendant Jeremiah M. Lignitz
Defendant Brian J. Walraven in their individual capacities

represented by Deborah L. Dance Office of Cobb County Attorney Law Department 100 Cherokee Street Suite 350 Marietta, GA 30090−7003 770−528−4000 Email: ddance@cobbcounty.org ATTORNEY TO BE NOTICED
George M. Weaver Hollberg &Weaver 2921 Piedmont Road, N.E. Suite C Atlanta, GA 30305 404−760−1116 Email: gweaver@hw−law.com ATTORNEY TO BE NOTICED
Hugh William Rowling , Jr. Office of Cobb County Attorney Law Department 100 Cherokee Street Suite 350 Marietta, GA 30090−7003 770−528−4000 Email: browling@cobbcounty.org ATTORNEY TO BE NOTICED
Jeffrey Alexander Shaw Hollberg &Weaver, LLP 2921 Piedmont Road, N.E. Suite C Atlanta, GA 30305 404−760−1116 Email: jeff@outofdarkness.org ATTORNEY TO BE NOTICED
represented by Deborah L. Dance (See above for address) ATTORNEY TO BE NOTICED
George M. Weaver (See above for address) ATTORNEY TO BE NOTICED
Hugh William Rowling , Jr. (See above for address)

Case: 1:10-cv-2636 As of: 02/13/2014 11:22 AM EST 3 of 6
ATTORNEY TO BE NOTICED
Jeffrey Alexander Shaw (See above for address) ATTORNEY TO BE NOTICED

V. Respondent Cobb County Police Department

Date Filed 08/23/2010
08/23/2010 08/24/2010 08/24/2010 08/24/2010 08/24/2010 08/26/2010
08/31/2010 09/14/2010 09/14/2010 09/18/2010 09/18/2010

# Docket Text
1 COMPLAINT, filed by Angel Francisco Castro−Torres; and Summon(s) issued. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350.00 receipt number 27554.) (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/24/2010)
2 Certificate of Interested Persons by Angel Francisco Castro−Torres. (eop) (Entered: 08/24/2010)
3 APPLICATION for Admission of Andrew H. Turner Pro Hac Vice (Application fee $ 150, receipt number 113E−2865104)by Angel Francisco Castro−Torres. (Attachments: # 1 Text of Proposed Order)(Werner, Daniel) (Entered: 08/24/2010)
4 APPLICATION for Admission of Paromita Shah Pro Hac Vice (Application fee $ 150, receipt number 113E−2865216)by Angel Francisco Castro−Torres. (Attachments: # 1 Text of Proposed Order)(Werner, Daniel) (Entered: 08/24/2010)
5 APPLICATION for Admission of Sam Brooke Pro Hac Vice (Application fee $ 150, receipt number 113E−2865232)by Angel Francisco Castro−Torres. (Attachments: # 1 Text of Proposed Order)(Werner, Daniel) (Entered: 08/24/2010)
6 APPLICATION for Admission of Trina Realmuto Pro Hac Vice (Application fee $ 150, receipt number 113E−2865248)by Angel Francisco Castro−Torres. (Attachments: # 1 Text of Proposed Order)(Werner, Daniel) (Entered: 08/24/2010)
APPROVAL by Clerks Office re: 6 APPLICATION for Admission of Trina Realmuto Pro Hac Vice (Application fee $ 150, receipt number 113E−2865248), 4 APPLICATION for Admission of Paromita Shah Pro Hac Vice (Application fee $ 150, receipt number 113E−2865216), 3 APPLICATION for Admission of Andrew H. Turner Pro Hac Vice (Application fee $ 150, receipt number 113E−2865104), 5 APPLICATION for Admission of Sam Brooke Pro Hac Vice (Application fee $ 150, receipt number 113E−2865232). Attorney Trina Realmuto, Sam Brooke, Andrew H. Turner, Paromita Shah added appearing on behalf of Angel Francisco Castro−Torres (pb) (Entered: 08/26/2010)
MINUTE ORDER by CRD granting Applications for Admission Pro Hac Vice 3 , 4 , 5 and 6 . (pah) (Entered: 08/31/2010)
7 Return of Service Executed by Angel Francisco Castro−Torres. Brian J. Walraven served on 8/28/2010, answer due 9/20/2010. (Attachments: # 1 Certificate of Service)(Werner, Daniel) (Entered: 09/14/2010)
8 Return of Service Executed by Angel Francisco Castro−Torres. Jeremiah M. Lignitz served on 8/29/2010, answer due 9/20/2010. (Attachments: # 1 Certificate of Service)(Werner, Daniel) (Entered: 09/14/2010)
9 ANSWER to 1 COMPLAINT with Jury Demand by Jeremiah M. Lignitz, Brian J. Walraven. Discovery ends on 2/15/2011.(Weaver, George) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/18/2010)
10 Certificate of Interested Persons by Jeremiah M. Lignitz, Brian J. Walraven. (Weaver, George) (Entered: 09/18/2010)

Case: 1:10-cv-2636 As of: 02/13/2014 11:22 AM EST 4 of 6

09/20/2010 09/20/2010 10/18/2010 10/18/2010 10/18/2010 10/22/2010
10/25/2010 10/25/2010 10/25/2010 10/26/2010 10/26/2010 11/05/2010 11/08/2010
12/15/2010 12/15/2010 12/15/2010 12/15/2010 12/29/2010
12/29/2010
12/30/2010
01/03/2011 01/12/2011

11 NOTICE of Appearance by Hugh William Rowling, Jr on behalf of Jeremiah M. Lignitz, Brian J. Walraven (Rowling, Hugh) (Entered: 09/20/2010)
12 NOTICE of Appearance by Deborah L. Dance on behalf of Jeremiah M. Lignitz, Brian J. Walraven (Dance, Deborah) (Entered: 09/20/2010)
13 Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by Angel Francisco Castro−Torres. (Werner, Daniel) (Entered: 10/18/2010)
14 Initial Disclosures by Jeremiah M. Lignitz, Brian J. Walraven.(Weaver, George) (Entered: 10/18/2010)
15 Initial Disclosures by Angel Francisco Castro−Torres.(Werner, Daniel) (Entered: 10/18/2010)
16 CERTIFICATE OF SERVICE of Plaintiff's First Sets of Interrogatories and Requests for Production to All Defendants by Angel Francisco Castro−Torres.(Brooke, Sam) (Entered: 10/22/2010)
Clerks Notation re 2 Certificate of Interested Persons reviewed and noted by J. Owen Forrester (pah) (Entered: 10/25/2010)
Clerks Notation re 10 Certificate of Interested Persons reviewed and noted by J. Owen Forrester (pah) (Entered: 10/25/2010)
MINUTE ORDER by Judge J. Owen Forrester APPROVING 13 Preliminary Report and Discovery Plan (pah) (Entered: 10/25/2010)
17 REVISED CASE INSTRUCTIONS. (cem) (Entered: 10/26/2010)
Clerks Certificate of Mailing as to Paromita Shah attorney for Angel Francisco Castro−Torres re 17 Revised Case Instructions. (cem) (Entered: 10/26/2010)
18 CERTIFICATE OF SERVICE for First Interrogatories &Requests for Production by Jeremiah M. Lignitz.(Weaver, George) (Entered: 11/05/2010)
19 Notice for Leave of Absence for the following date(s): 2/24−2/28/11, 3/11−3/18/11, 4/6−4/9/11, by George Brian Spears. (Spears, George) (Entered: 11/08/2010)
20 CERTIFICATE OF SERVICE for Responses to Pl.'s 1st RFP by Jeremiah M. Lignitz.(Weaver, George) (Entered: 12/15/2010)
21 CERTIFICATE OF SERVICE for Responses to Pl.'s 1st Interrogatories by Jeremiah M. Lignitz.(Weaver, George) (Entered: 12/15/2010)
22 CERTIFICATE OF SERVICE for Responses to Pl.'s 1st RFP by Brian J. Walraven.(Weaver, George) (Entered: 12/15/2010)
23 CERTIFICATE OF SERVICE for Responses to Pl.'s 1st Interrogatories by Brian J. Walraven.(Weaver, George) (Entered: 12/15/2010)
24 CERTIFICATE OF SERVICE Plaintiffs Response To Defendant Jeremiah M. Lignitzs First Interrogatories And Requests For Production by Angel Francisco Castro−Torres.(Brooke, Sam) (Entered: 12/29/2010)
25 CERTIFICATE OF SERVICE Plaintiff's Privilege Log Submitted In Response To Defendant Jeremiah M. Lignitz's First Interrogatories And Requests For Production by Angel Francisco Castro−Torres.(Brooke, Sam) (Entered: 12/29/2010)
26 Joint MOTION for Protective Order by Angel Francisco Castro−Torres. (Attachments: # 1 Text of Proposed Order Exhibit A − Proposed Order)(Werner, Daniel) (Entered: 12/30/2010)
Submission of 26 Joint MOTION for Protective Order, submitted to District Judge J. Owen Forrester. (bse) (Entered: 01/03/2011)
27 CERTIFICATE OF SERVICE Expert Witness Report of Marlen Santana Perez, L.C.S.W. by Angel Francisco Castro−Torres.(Brooke, Sam) (Entered: 01/12/2011)

Case: 1:10-cv-2636 As of: 02/13/2014 11:22 AM EST 5 of 6

01/13/2011 01/13/2011 01/18/2011 01/18/2011 01/18/2011 01/18/2011 01/18/2011 01/18/2011 01/28/2011 01/28/2011 02/03/2011 02/18/2011 02/22/2011 02/22/2011 02/22/2011 02/22/2011 02/22/2011 02/22/2011

28 CERTIFICATE OF SERVICE Plaintiff's Supplemental Production of Redacted Documents by Angel Francisco Castro−Torres.(Brooke, Sam) (Entered: 01/13/2011)
29 CERTIFICATE OF SERVICE Plaintiff's Supplemental Privilege Log by Angel Francisco Castro−Torres.(Brooke, Sam) (Entered: 01/13/2011)
30 CERTIFICATE OF SERVICE Plaintiff's Second Request for Production of Documents Directed to Defendant Jeremiah M. Lignitz by Angel Francisco Castro−Torres.(Brooke, Sam) (Entered: 01/18/2011)
31 CERTIFICATE OF SERVICE Plaintiff's Second Request for Production of Documents Directed to Defendant Brian J. Walraven by Angel Francisco Castro−Torres.(Brooke, Sam) (Entered: 01/18/2011)
32 CERTIFICATE OF SERVICE Plaintiff's Second Set of Interrogatories to Defendant Jeremiah M. Lignitz by Angel Francisco Castro−Torres.(Brooke, Sam) (Entered: 01/18/2011)
33 CERTIFICATE OF SERVICE Plaintiff's Second Set of Interrogatories to Defendant Brian J. Walraven by Angel Francisco Castro−Torres.(Brooke, Sam) (Entered: 01/18/2011)
34 CERTIFICATE OF SERVICE Plaintiff's First Request for Admission Directed to Defendant Jeremiah M. Lignitz by Angel Francisco Castro−Torres.(Brooke, Sam) (Entered: 01/18/2011)
35 CERTIFICATE OF SERVICE Plaintiff's First Request for Admission Directed to Defendant Brian J. Walraven by Angel Francisco Castro−Torres.(Brooke, Sam) (Entered: 01/18/2011)
36 Joint MOTION for Extension of Time to Complete Discovery with Brief In Support by Angel Francisco Castro−Torres. (Attachments: # 1 Text of Proposed Order)(Werner, Daniel) (Entered: 01/28/2011)
MINUTE ORDER by CRD granting 36 Joint Motion for Extension of Time to Complete Discovery. Discovery ends on 4/19/2011. (pah) (Entered: 01/28/2011)
37 Request for Leave of Absence for the following date(s): 5/13/2011, 5/19−5/23/2011, 7/1−7/8/2011, by George Brian Spears. (Spears, George) (Entered: 02/03/2011)
38 CERTIFICATE OF SERVICE for Objections to January 19, 2011 Subpoena by Cobb County Police Department.(Weaver, George) (Entered: 02/18/2011)
39 CERTIFICATE OF SERVICE for Def. Lignitz's Responses to Pl.'s 2nd Requests for Production by Jeremiah M. Lignitz, Brian J. Walraven.(Weaver, George) (Entered: 02/22/2011)
40 CERTIFICATE OF SERVICE for Def. Lignitz's Responses to Pl.'s 2nd Interrogatories by Jeremiah M. Lignitz, Brian J. Walraven.(Weaver, George) (Entered: 02/22/2011)
41 CERTIFICATE OF SERVICE for Def. Lignitz's Responses to Pl.'s 1st Requests for Admissions by Jeremiah M. Lignitz, Brian J. Walraven.(Weaver, George) (Entered: 02/22/2011)
42 CERTIFICATE OF SERVICE for Def. Walraven's Responses to Pl.'s 2nd Requests for Production by Jeremiah M. Lignitz, Brian J. Walraven.(Weaver, George) (Entered: 02/22/2011)
43 CERTIFICATE OF SERVICE for Def. Walraven's Responses to Pl.'s 2nd Interrogatories by Jeremiah M. Lignitz, Brian J. Walraven.(Weaver, George) (Entered: 02/22/2011)
44 CERTIFICATE OF SERVICE for Def. Walraven's Responses to Pl.'s 1st Requests for Admissions by Jeremiah M. Lignitz, Brian J. Walraven.(Weaver, George) (Entered: 02/22/2011)

Case: 1:10-cv-2636 As of: 02/13/2014 11:22 AM EST 6 of 6

03/07/2011
03/15/2011 03/18/2011 03/22/2011
03/22/2011 03/30/2011 03/30/2011 03/31/2011 04/18/2011 04/25/2011 05/06/2011 05/09/2011 05/10/2011 05/10/2011 05/10/2011

45 MOTION for Leave to File First Amended Complaint with Brief In Support by Angel Francisco Castro−Torres. (Attachments: # 1 Brief in Support of Plaintiffs Motion for Leave to File First Amend Complaint, # 2 Exhibit 1 − Email to Defense Counsel, # 3 Exhibit 2 − Email from Defense Counsel, # 4 Exhibit 3 − First Amended Complaint)(Werner, Daniel) (Entered: 03/07/2011)
46 NOTICE to Take Deposition of Angel Castro−Torres and Marlen Perez filed by Jeremiah M. Lignitz, Brian J. Walraven (Weaver, George) (Entered: 03/15/2011)
47 CERTIFICATE OF SERVICE Plaintiffs Supplemental Response To Defendant Jeremiah M. Lignitzs First Interrogatories And Requests For Production by Angel Francisco Castro−Torres.(Brooke, Sam) (Entered: 03/18/2011)
48 Consent MOTION for Extension of Time Respond to Pl.'s Motion for Leave to Amend Complaint re: 45 MOTION for Leave to File First Amended Complaint with Brief In Support by Jeremiah M. Lignitz, Brian J. Walraven. (Weaver, George) (Entered: 03/22/2011)
MINUTE ORDER by CRD granting 48 Consent Motion for Extension of Time. Defendants shall have through April 15, 2011, in which to respond to Plaintiffs Motion for Leave to Amend Complaint. (Doc. 45) (pkl) (Entered: 03/22/2011)
49 Joint MOTION to Stay Discovery by Angel Francisco Castro−Torres. (Attachments: # 1 Text of Proposed Order)(Werner, Daniel) (Entered: 03/30/2011)
MINUTE ORDER by: Judge J. Owen Forrester granting 49 Joint Motion to Stay Discovery. (pkl) (Entered: 03/30/2011)
50 OPINION and ORDER denying 26 Joint Motion for Stipulated Protective Order. Signed by Judge J. Owen Forrester on 3/31/11. (bse) (Entered: 04/01/2011)
Submission of 45 MOTION for Leave to File First Amended Complaint, submitted to District Judge J. Owen Forrester. (bse) (Entered: 04/18/2011)
51 MOTION for Reconsideration re 50 Order on Motion for Protective Order with Brief In Support by Angel Francisco Castro−Torres. (Attachments: # 1 Brief)(Werner, Daniel) (Entered: 04/25/2011)
52 NOTICE of Settlement by Angel Francisco Castro−Torres (Werner, Daniel) (Entered: 05/06/2011)
Submission of 52 Notice of Settlement, submitted to District Judge J. Owen Forrester. (bse) (Entered: 05/09/2011)
53 STIPULATION of Dismissal With Prejudice by Angel Francisco Castro−Torres. (Werner, Daniel) (Entered: 05/10/2011)
54 Clerk's Entry of Dismissal APPROVING 53 Stipulation of Dismissal, with prejudice, pursuant to Fed.R.Civ.P.41(a)(1)(ii). (bse) (Entered: 05/11/2011)
Civil Case Terminated. (bse) (Entered: 05/11/2011)