Case 4:11-cv-00188-HLM Document 49 Filed 12/08/11 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT 
 NORTHERN DISTRICT OF GEORGIA 
 ROME DIVISION 


) 


MIRACLE NWAKANMA,

) 


CORNELIUS SPENCER,

) 


GREGORY HAINES, and

) 


ERIC TOWNS,

) 


) 


Plaintiffs,

) 


) 


v.

)

)

CAPTAIN TIMOTHY CLARK, et al )

) 


Defendants.

) 


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

4:11-CV-188-HLM-WEJ

ORDER

By good cause shown, all deadlines in the above referenced case are hereby

extended until and including February 7,2010.

SO ORDERED this '~r", day of December 2011.

/~I I
The Honorable Harold Murphy Judge, United States District Court

 
 Case 4:11-cv-00188-HLM Document 53 Filed 02/23/12 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA

ROME DIVISION

_______________________________

)

MIRACLE NWAKANMA,

)

CORNELIUS SPENCER,

)

GREGORY HAINES, and

)

ERIC TOWNS,

)

)

Plaintiffs,

)

)

v.

)

) CIVIL ACTION

CAPTAIN TIMOTHY CLARK, ) NO.: 4:11-CV-188-HLM-WEJ

LIEUTENANT SHERMAN DAVIS, )

OFFICER KENNY GILREATH, )

OFFICER JACK HAMILTON,

)

OFFICER JOHN LYONS,

)

OFFICER BRIAN McNABB,

)

OFFICER BRIAN McGATHY,

)

OFFICER BILLY PORTER,

)

OFFICER JAYSON QUARLES, )

OFFICER NICHOLAS SOUTHER, )

OFFICER NICK STEWART, and )

OFFICER KEVIN WOOTEN,

)

correctional officers and supervisors, )

Hays State Prison, in their official )

and individual capacities,

)

)

Defendants.

)

_______________________________)

STIPULATION OF DISMISSAL

COME NOW Plaintiffs, Miracle Nwakanma, Cornelius Spencer, Gregory

Haines, and Eric Towns, and Defendants Captain Timothy Clark, Lieutenant

Case 4:11-cv-00188-HLM Document 53 Filed 02/23/12 Page 2 of 8
Sherman Davis, Officer Kenny Gilreath, Officer Jack Hamilton, Officer John
Lyons, Officer Brian McNabb, Officer Brian McGathy, Officer Billy Porter,
Officer Jayson Quarles, Officer Nicholas Souther, Officer Nick Stewart, and
Officer Kevin Wooten (the “Parties”), through their counsel of record, and
respectfully file this stipulation of dismissal pursuant to Fed. R. Civ. P.
41(a)(1)(A)(ii), voluntarily dismissing this case with prejudice.
Respectfully submitted this 23rd day of February, 2012.
s/ Sarah Geraghty
Sarah Geraghty Georgia Bar No. 291393 Atteeyah Hollie Georgia Bar No. 411415 SOUTHERN CENTER FOR HUMAN RIGHTS 83 Poplar Street, N.W. Atlanta, GA 30303 Telephone: (404) 688-1202 Facsimile: (404) 688-9440 sgeraghty@schr.org ahollie@schr.org
Lawrence J. Bracken II Georgia Bar No. 073750 Rhani M. Lott Georgia Bar No. 303316 HUNTON & WILLIAMS LLP Bank of America Plaza, Suite 4100 600 Peachtree Street, N.E. Atlanta, Georgia 30308-2216 Telephone: (404) 888-4000 2

Case 4:11-cv-00188-HLM Document 53 Filed 02/23/12 Page 3 of 8
Facsimile: (404) 888-4190 lbracken@hunton.com rlott@hunton.com
Counsel for Plaintiffs
s/ Devon Orland Devon Orland Georgia Bar No. 554301 OFFICE OF STATE ATTORNEY GENERAL 40 Capitol Square, S.W. Atlanta, GA 30334-1300 Telephone: (404) 463-8850 Facsimile: (404) 651-5304 dorland@law.ga.gov
Counsel for Defendant Clark
s/ Adam Lowell Appel Adam Lowell Appel Marquetta Johnson Bryan Carlock Copeland & Stair, LLP 36th Floor 191 Peachtree Street, N.E. P.O. Box 56887 Atlanta, GA 30303 Telephone: 404-522-8220 Facsimile: 404-222-9482 aappel@carlockcopeland.com
Counsel for Defendant Davis
s/ Frank Philips Harris Frank Philips Harris Harris & Bunch 125 Church Street
3

Case 4:11-cv-00188-HLM Document 53 Filed 02/23/12 Page 4 of 8
Suite 220 Marietta, GA 30060-1948 Telephone: 770-499-7989 fharris@harrisandbunch.com
Counsel for Defendant Hamilton
s/ Vincent Aaron Toreno Vincent Aaron Toreno Rutherford & Christie, LLP 225 Peachtree Street Suite 1750, South Tower Atlanta, GA 30303 Telephone: 404-522-6888 Facsimile: 404-522-0108 klh@rclawllp.com
Counsel for Defendant Gilreath
s/ Eve Anne Appelbaum Eve Anne Appelbaum Appelbaum & Associates, P.C. Suite 525 550 Pharr Road Atlanta, GA 30305 Telephone: 404-841-1275 Facsimile: 404-841-0248 eaa@aps-law.com
Counsel for Defendant McNabb
s/ Gary L. Seacrest Gary L. Seacrest Stacy Petroff Seidel Seacrest Karesh Tate & Bicknese 56 Perimeter Center East Suite 450
4

Case 4:11-cv-00188-HLM Document 53 Filed 02/23/12 Page 5 of 8
Atlanta, GA 30346 Telephone: 770-804-1800 gseacrest@sktblaw.com sseidel@sktblaw.com
Counsel for Defendant McGathy
s/ Annarita M. Busbee Annarita M. Busbee Owen Gleaton Egan Jones & Sweeney, LLP 1180 Peachtree Street, NE Suite 3000 Atlanta, GA 30309 Telephone: 404-688-2600 Facsimile: 404-525-4347 ABusbee@og-law.com
Counsel for Defendant Porter
s/ Stephen E. Curry Stephen E. Curry Curry Law Firm 3508-C Professional Circle Martinez, GA 30907-8232 Telephone: 706-724-0022 securry@currylawfirm.com
Counsel for Defendant Quarles
s/ David C. Will David C. Will Holly Hance Royal Washburn Will 4799 Sugarloaf Parkway Building J Lawrenceville, GA 30044
5

Case 4:11-cv-00188-HLM Document 53 Filed 02/23/12 Page 6 of 8
Telephone: 770-814-8022 Facsimile: 770-814-8360 dwill@royallaw.net hhance@royallaw.net
Counsel for Defendant Souther
s/ George M. Weaver George M. Weaver Jeffrey Alexander Shaw Hollberg & Weaver, LLP 2921 Piedmont Road, N.E. Suite C Atlanta, GA 30305 Telephone: 404-760-1116 gweaver@hw-law.com jshaw@hw-law.com
Counsel for Defendant Stewart
s/ Lauren E. H. Meadows Lauren E. H. Meadows Matthew R. LaVallee Daley, Koster & Lavallee, LLC - Atl Suite 205 2849 Paces Ferry Road Atlanta, GA 30339 Telephone: 678-213-2401 Facsimile: 678-213-2406 lhmeadows@dkllaw.com mlavallee@dkllaw.com
Counsel for Defendant Wooten
6

Case 4:11-cv-00188-HLM Document 53 Filed 02/23/12 Page 7 of 8
s/ Tom Richardson Tom Richardson Chambless, Higdon, Richardson, Katz & Griggs LLP P.O. Box 246 Macon, GA 31202-0246 Telephone: 478-745-1181 trichardson@chrkglaw.com Counsel for Defendant Lyons
7

Case 4:11-cv-00188-HLM Document 53 Filed 02/23/12 Page 8 of 8
CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that a copy of the foregoing JOINT STIPULATION OF DISMISSAL was filed electronically with the Court. Notice of this filing will be sent to counsel of record for the Defendants via the Court’s CM/ECF filing system. Respectfully submitted this 23rd day of February, 2012.
s/ Sarah Geraghty Sarah Geraghty
8

 
 Case 4:11-cv-00188-HLM Document 52 Filed 02/17/12 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA

ROME DIVISION

_______________________________

)

MIRACLE NWAKANMA,

)

CORNELIUS SPENCER,

)

GREGORY HAINES, and

)

ERIC TOWNS,

)

)

Plaintiffs,

)

)

v.

)

) CIVIL ACTION

CAPTAIN TIMOTHY CLARK, ) NO.: 4:11-CV-188-HLM-WEJ

LIEUTENANT SHERMAN DAVIS, )

OFFICER KENNY GILREATH, )

OFFICER JACK HAMILTON,

)

OFFICER JOHN LYONS,

)

OFFICER BRIAN McNABB,

)

OFFICER BRIAN McGATHY,

)

OFFICER BILLY PORTER,

)

OFFICER JAYSON QUARLES, )

OFFICER NICHOLAS SOUTHER, )

OFFICER NICK STEWART, and )

OFFICER KEVIN WOOTEN,

)

correctional officers and supervisors, )

Hays State Prison, in their official )

and individual capacities,

)

)

Defendants.

)

_______________________________)

JOINT STIPULATION OF DISMISSAL

COME NOW Plaintiffs, Miracle Nwakanma, Cornelius Spencer, Gregory

Haines, and Eric Towns, and Defendants Captain Timothy Clark, Lieutenant

Case 4:11-cv-00188-HLM Document 52 Filed 02/17/12 Page 2 of 4
Sherman Davis, Officer Kenny Gilreath, Officer Jack Hamilton, Officer John Lyons, Officer Brian McNabb, Officer Brian McGathy, Officer Billy Porter, Officer Jayson Quarles, Officer Nicholas Souther, Officer Nick Stewart, and Officer Kevin Wooten (the “Parties”), through their counsel of record, and respectfully file this stipulation of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), voluntarily dismissing this case with prejudice.
[Signatures begin on following page]
-2-

Case 4:11-cv-00188-HLM Document 52 Filed 02/17/12 Page 3 of 4

Respectfully submitted this 17th day of February, 2012.

s/ Rhani M. Lott Lawrence J. Bracken II Georgia Bar No. 073750 Rhani M. Lott Georgia Bar No. 303316 HUNTON & WILLIAMS LLP Bank of America Plaza, Suite 4100 600 Peachtree Street, N.E. Atlanta, Georgia 30308-2216 Telephone: (404) 888-4000 Facsimile: (404) 888-4190 lbracken@hunton.com rlott@hunton.com
Sarah Geraghty Georgia Bar No. 291393 Atteeyah Hollie Georgia Bar No. 411415 SOUTHERN CENTER FOR HUMAN RIGHTS 83 Poplar Street, N.W. Atlanta, GA 30303 Telephone: (404) 688-1202 Facsimile: (404) 688-9440 sgeraghty@schr.org ahollie@schr.org
Counsel for Plaintiffs

s/ Devon Orland_________________ Devon Orland [with express permission Rhani M. Lott] Georgia Bar No. 554301 OFFICE OF STATE ATTORNEY GENERAL 40 Capitol Square, S.W. Atlanta, GA 30334-1300 Telephone:(404) 463-8850 Facsimile:(404) 651-5304 dorland@law.ga.gov
Counsel for Defendants

-3-

Case 4:11-cv-00188-HLM Document 52 Filed 02/17/12 Page 4 of 4
CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that a copy of the foregoing JOINT STIPULATION OF DISMISSAL was filed electronically with the Court. Notice of this filing will be sent to counsel of record for the Defendants via the Court’s CM/ECF filing system. Respectfully submitted this 17th day of February, 2012.
s/ Rhani M. Lott Rhani M. Lott

 
 CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee11oof f2277

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA

ROME DIVISION

_______________________________

)

MIRACLE NWAKANMA,

)

CORNELIUS SPENCER,

)

GREGORY HAINES, and

)

ERIC TOWNS,

)

)

Plaintiffs,

)

) COMPLAINT

v.

)

)

CIVIL ACTION NO. _______

CAPTAIN TIMOTHY CLARK, )

LIEUTENANT SHERMAN DAVIS, ) JURY TRIAL DEMANDED

OFFICER KENNY GILREATH, )

OFFICER JACK HAMILTON,

)

OFFICER JOHN LYONS,

)

OFFICER BRIAN McNABB,

)

OFFICER BRIAN McGATHY,

)

OFFICER BILLY PORTER,

)

OFFICER JAYSON QUARLES, )

OFFICER NICHOLAS SOUTHER, )

OFFICER NICK STEWART, and )

OFFICER KEVIN WOOTEN,

)

correctional officers and supervisors, )

Hays State Prison, in their official )

and individual capacities,

)

)

Defendants.

)

_______________________________)

COMPLAINT Plaintiffs Miracle Nwakanma, Cornelius Spencer, Gregory Haines, and Eric

Towns (collectively, “Plaintiffs”) by counsel, state as follows for their Complaint:

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee22oof f2277
I. PRELIMINARY STATEMENT 1. This is a civil rights action brought by four state prison inmates, pursuant to 42 U.S.C. §1983. Plaintiffs are seeking compensatory and punitive damages for the August 12, 2010, beatings inflicted upon them by officers employed by the Georgia Department of Corrections (“GDC”). Plaintiffs are also requesting injunctive relief, seeking an order to end the pattern and practice of physical abuse perpetrated by correctional officers upon Plaintiffs and others incarcerated at Hays State Prison. Absent such an injunction, Plaintiffs will be subject to and unable to avoid a real and immediate threat of future illegal and retaliatory beatings. 2. On August 12, 2010, the Plaintiffs were assaulted at Hays State Prison by members of the GDC’s Correctional Emergency Response Team (“CERT”) and other officers. All Plaintiffs were beaten while handcuffed and not capable of resistance in the prison’s Special Management Unit (“SMU”), except Plaintiff Haines who was assaulted, also while handcuffed, in dorm D2. 3. While handcuffed, Plaintiff Nwakanma was punched, stomped on, kicked in the groin and in the face, struck with a flashlight, hit with batons, and beaten until he was unconscious. While handcuffed, Plaintiff Spencer was punched, kicked, and beaten with a baton-like instrument until he vomited and lost
2

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee33oof f2277
consciousness. While Plaintiff Towns was handcuffed, officers kicked him in the head, beat him with a baton on his bare feet, and struck him with a baton in the head until he was unconscious. While handcuffed, Plaintiff Haines was punched, kneed in the face, and kicked in the face. At no time did any Plaintiff offer any resistance or do or fail to do any act that justified the use of force.
4. As a result of these assaults, the Plaintiffs suffered injuries including: a “possible healing left mandibular fracture” (Plaintiff Nwakanma), jaw pain and fractured teeth (Plaintiff Nwakanma), a facial injury requiring oral surgery to remove tooth fragments from the lip (Plaintiff Nwakanma), loss of consciousness (Plaintiffs Nwakanma, Spencer, and Towns), fractured toes (Plaintiffs Nwakanma and Spencer), contusions on the feet impairing the ability to walk unaided (Plaintiff Towns), a baseball-sized hematoma to the head (Plaintiff Spencer), a lacerated mouth (Plaintiff Haines), and possible neurological damage including memory loss, fatigue, and inability to concentrate (Plaintiffs Nwakanma and Towns).
5. Despite these injuries and additional injuries suffered by the Plaintiffs, the officers who participated in these assaults did not file any incident reports indicating that they had used force on any inmates assaulted in the SMU. No Plaintiffs were disciplined for acts occurring in the SMU on August 12, 2010 that would have necessitated the use of force.
3

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee44oof f2277
6. While correctional officers perpetrated these assaults, supervisory personnel are also liable for Plaintiffs’ injuries. Defendants Captain Clark and Lieutenant Davis witnessed the assaults that occurred in D2 dorm, but failed to take reasonable steps to protect Plaintiffs from other officers’ use of excessive force. Defendants Captain Clark and Lieutenant Davis further did nothing to discourage the beatings described herein, but rather directed, incited, and explicitly encouraged the unconstitutional assaults.
7. Defendants’ acts and omissions contributing to these assaults directly and proximately resulted in the violation of Plaintiffs’ right to be free from cruel and unusual punishment under the Eighth Amendment of the United States Constitution.
8. Plaintiffs seek compensatory and punitive damages against the defendant correctional officers for maliciously assaulting them in order to cause harm. Plaintiffs also seek compensatory and punitive damages and injunctive relief against Defendants Captain Clark and Lieutenant Davis for their past and ongoing deliberate indifference to Plaintiffs’ safety.
II. JURISDICTION 9. This action is brought pursuant to 42 U.S.C. § 1983. This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331, and § 1343 (a)(3) and
4

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee55oof f2277
(4). Plaintiffs’ request for declaratory and injunctive relief is authorized by 28 U.S.C. §§ 2201 and 2202.
III. VENUE 10. Venue is proper in this District and in the Rome Division because the incidents occurred at Hays State Prison, located in Trion, Georgia. Hays State Prison is situated within the district and divisional boundaries of the Northern District of Georgia, Rome Division.
IV. PLAINTIFFS 11. Miracle Nwakanma, who is African American, was at all relevant times an inmate in the custody of the GDC. He was incarcerated at Hays State Prison on August 12, 2010. He is presently incarcerated at Augusta State Medical Prison in Grovetown, Georgia. Plaintiff Nwakanma is a citizen of the United States and the State of Georgia. 12. Cornelius Spencer, who is African American, was at all relevant times an inmate in the custody of the GDC. He was incarcerated at Hays State Prison on August 12, 2010. He is presently incarcerated at Macon State Prison in Oglethorpe, Georgia. Plaintiff Spencer is a citizen of the United States and the State of Georgia.
5

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee66oof f2277
13. Gregory Haines, who is white, was at all relevant times an inmate in the custody of the GDC. He was incarcerated at Hays State Prison on August 12, 2010. He is presently incarcerated at Phillips State Prison in Buford, Georgia. Plaintiff Haines is a citizen of the United States and the State of Georgia.
14. Eric Towns, who is African American, was at all relevant times an inmate in the custody of the GDC. He was incarcerated at Hays State Prison on August 12, 2010. He is presently incarcerated at Ware State Prison in Waycross, Georgia. Plaintiff Towns is a citizen of the United States and the State of Georgia.
V. DEFENDANTS 15. Captain Timothy Clark is and was at all times relevant to this action a captain at Hays State Prison, in the employ of the GDC. Captain Clark was present at Hays State Prison on August 12, 2010 and personally witnessed the assaults that occurred in D2 dorm, as described herein. Captain Clark was present at the scene of the assaults in D2 dorm, but failed to take reasonable steps to protect the Plaintiffs from other officers’ use of excessive force, despite having the realistic opportunity to do so. Captain Clark further personally incited, directed, and ratified the unconstitutional beatings described herein. Captain Clark is sued in his official and individual capacities.
6

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee77oof f2277
16. Lieutenant Sherman Davis is and was at all times relevant to this action a lieutenant at Hays State Prison, in the employ of the GDC. Lieutenant Davis was present at Hays State Prison on August 12, 2010, and was personally present for the assaults that occurred in D2 dorm, as described herein. Lieutenant Davis was present at the scene of the assaults in D2 dorm, but failed to take reasonable steps to protect the Plaintiffs from other officers’ use of excessive force, despite having the realistic opportunity to do so. Lieutenant Davis further personally incited, directed, and ratified the unconstitutional beatings described herein. Lieutenant Davis is sued in his official and individual capacities.
17. Officer Kenny Gilreath was at all times relevant to this action a CERT officer at Hays State Prison, in the employ of the GDC. On August 12, 2010, he maliciously and violently assaulted Plaintiffs Nwakanma, Spencer, and Towns, while they were in handcuffs, causing them injury. Officer Gilreath subjected Plaintiffs to excessive and retaliatory force without legitimate reason and for the purpose of inflicting harm. He is sued in his official and individual capacities.
18. Officer Jack Hamilton was at all times relevant to this action a CERT officer at Hays State Prison, in the employ of the GDC. On August 12, 2010, he maliciously and violently assaulted Plaintiffs Nwakanma, Spencer, and Towns, while they were handcuffed, causing them injury. Officer Hamilton subjected
7

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee88oof f2277
Plaintiffs to excessive and retaliatory force without legitimate reason and for the purpose of inflicting harm. He is sued in his official and individual capacities.
19. Officer John Lyons was at all times relevant to this action an officer at Hays State Prison, in the employ of the GDC. On August 12, 2010, he maliciously and violently assaulted Plaintiff Haines, while Haines was handcuffed, causing him injury. Officer Lyons subjected Haines to excessive and retaliatory force without legitimate reason and for the purpose of inflicting harm. He is sued in his official and individual capacities.
20. Officer Brian McNabb was at all times relevant to this action a CERT officer at Hays State Prison, in the employ of the GDC. On August 12, 2010, he maliciously and violently assaulted Plaintiffs Nwakanma, Spencer, and Towns, while they were handcuffed, causing them injury. Officer McNabb subjected Plaintiffs to excessive and retaliatory force without legitimate reason and for the purpose of inflicting harm. He is sued in his official and individual capacities.
21. Officer Brian McGathy was at all times relevant to this action an officer at Hays State Prison, in the employ of the GDC. On August 12, 2010, he maliciously and violently assaulted Plaintiff Haines, while Haines was handcuffed, causing him injury. Officer McGathy subjected Haines to excessive and retaliatory
8

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee99oof f2277
force without legitimate reason and for the purpose of inflicting harm. He is sued in his official and individual capacities.
22. Officer Billy Porter was at all times relevant to this action a CERT officer at Hays State Prison, in the employ of the GDC. On August 12, 2010, he maliciously and violently assaulted Plaintiffs Nwakanma, Spencer, and Towns, while they were handcuffed, causing them injury. Officer Porter subjected Plaintiffs to excessive and retaliatory force without legitimate reason and for the purpose of inflicting harm. He is sued in his official and individual capacities.
23. Officer Jayson Quarles was at all times relevant to this action a CERT officer at Hays State Prison, in the employ of the GDC. On August 12, 2010, he maliciously and violently assaulted Plaintiffs Nwakanma, Spencer, and Towns, while they were handcuffed, causing them injury. Officer Quarles subjected Plaintiffs to excessive and retaliatory force without legitimate reason and for the purpose of inflicting harm. He is sued in his official and individual capacities.
24. Officer Nicholas Souther was at all times relevant to this action an officer at Hays State Prison, in the employ of the GDC. On August 12, 2010, he maliciously and violently assaulted Plaintiff Haines, while Haines was handcuffed, causing him injury. Officer Souther subjected Haines to excessive and retaliatory
9

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee1100oof f2277
force without legitimate reason and for the purpose of inflicting harm. He is sued in his official and individual capacities.
25. Officer Nick Stewart was at all times relevant to this action a CERT officer at Hays State Prison, in the employ of the GDC. On August 12, 2010, he maliciously and violently assaulted Plaintiffs Nwakanma, Spencer, and Towns, while they were handcuffed, causing them injury. Officer Stewart subjected Plaintiffs to excessive and retaliatory force without legitimate reason and for the purpose of inflicting harm. He is sued in his official and individual capacities.
26. Officer Kevin Wooten was at all times relevant to this action an officer at Hays State Prison, in the employ of the GDC. On August 12, 2010, he maliciously and violently assaulted Plaintiff Haines, while Haines was handcuffed, causing him injury. Officer Wooten subjected Haines to excessive and retaliatory force without legitimate reason and for the purpose inflicting harm. He is sued in his official and individual capacities.
27. The Defendants are citizens of the United States and the State of Georgia. At all times relevant herein, the Defendants acted under color of state law and on behalf of the Georgia Department of Corrections.
10

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee1111oof f2277
VI. STATEMENT OF FACTS A. Events Preceding the August 12, 2010 Assaults 28. The events upon which this action is based occurred on the afternoon of August 12, 2010. At that time, Plaintiffs were inmates at Hays State Prison and were housed in dorm D2. 29. At approximately 2:00 p.m. on August 12, 2010, Plaintiffs Nwakanma, Spencer, Haines, and Towns heard a commotion in their prison dorm. A group of inmates had gathered in the front of the dorm and were looking through the dorm’s glass windows into the adjacent cellblock, dorm D1. 30. When the Plaintiffs looked into dorm D1, they saw officers using excessive force against unresisting inmates. Spencer saw an officer hit an unresisting inmate in the head with a walkie-talkie. Haines saw two officers ram an unresisting inmate into the wall and saw another officer punching a handcuffed and unresisting inmate in the back. 31. Several inmates in dorm D2 yelled and banged on the window in an effort to stop the use of excessive force against inmates in dorm D1. 32. Shortly thereafter, numerous officers with the prison’s Correctional Emergency Response Team (“CERT”) and other officers entered dorm D2. As the officers entered the dorm, they shouted “Lock down!” and fired a device that
11

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee1122oof f2277
dispersed pepper-spray. During the “lockdown” process described below, an unknown inmate allegedly assaulted an officer in dorm D2. The assault on the officer provoked retaliatory beatings on the Plaintiffs, as set forth herein.
B. First Assault on Cornelius Spencer 33. Before the officers entered D2, Plaintiff Cornelius Spencer, who had just left the shower and was clad in a towel, underwear, and shower shoes, was attempting to enter his assigned cell. But the cell door was locked. When officers ordered all inmates in the dorm to “lock down,” Spencer called to the officer stationed in the booth to ask that his cell door be opened, but it remained locked. 34. CERT officers, including Officer Porter, then approached Spencer and ordered him into his cell. Spencer stated that his cell door was locked. Officer Porter ordered Spencer to lie down on the ground. As Spencer was lowering himself to the ground in compliance with this order, Officer Porter kicked Spencer in the face and sprayed him directly in the face with pepper-spray. At no time did Spencer resist or take any action to justify this unprovoked assault. Spencer then complied with the officers’ order to “lockdown” in a nearby cell.
C. Assault on Gregory Haines 35. When officers ordered all inmates in dorm D2 to “lockdown” in their cells, Plaintiff Gregory Haines immediately walked toward the staircase leading to
12

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee1133oof f2277
the dorm’s top tier where his cell was located. As he did so, Officers Lyons, Wooten, and Souther grabbed Haines by the shirt and slammed him into the wall. These three officers then repeatedly punched Haines in the back, picked him up, slammed him to the ground, and continued to punch and assault him. At no time did Haines resist or take any action to justify this unprovoked assault. After Haines was face down on the floor with his hands secured in handcuffs behind his back, the officers continued to punch Haines at least fifteen more times.
36. Haines was then led in handcuffs to the shower and was shoved inside. He landed on his knees. While Captain Clark and Lieutenant Davis watched, an unknown officer kneed Haines in the face while Haines was handcuffed and on his knees. Then, while Captain Clark and Lieutenant Davis watched, the unknown officer elbowed Haines in the face, and punched him three times. At no times did Haines resist or do any act to justify this assault. Although they had the opportunity to do so, neither Captain Clark nor Lieutenant Davis took any action to stop the officer’s use of excessive force on Haines. Further, while watching this conduct, Captain Clark stated to Haines: “That’s what you get for hanging around with niggers.”
37. Next, Haines, still handcuffed, was led out of the shower and into the sally port between the dorm and the exit to the prison yard. He was ordered to
13

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee1144oof f2277
kneel and he did so. An officer then pushed his head toward the floor so that Haines was doubled over with his hands secured behind his back and his face near the ground. A moment passed. Then, for no legitimate reason, Officer McGathy kicked Haines in the face hard, splitting his lip. At no time did Haines resist or do any act to justify this assault.
38. Haines was then led outside of the dorm and told to kneel on the gravel along with other handcuffed inmates. He did so. Without warning, Captain Clark pulled Haines’s legs out from under him, causing Haines to fall from a kneeling position into the gravel, face first.
D. Plaintiffs Moved to the Special Management Unit 39. While officers completed the “lockdown” of dorm D2, the Plaintiffs and other inmates were made to lie face down on the ground outside the dorm, allegedly because they were suspected in an assault on an officer. 40. While Spencer was lying on the ground, Officer Quarles grabbed Spencer’s head in both hands and said “Oooh, I’m gonna get you, you little f---.” Officer Porter threatened Spencer, saying “you’d better transfer.” 41. Next, the inmates were ordered to get up, led toward the infirmary, and ordered to kneel again on the ground outside the infirmary. The men remained handcuffed, some wearing only their underwear. Captain Clark addressed the
14

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee1155oof f2277
inmates, asking them “who hurt my officer?” Captain Clark then ordered the CERT officers present to take the inmates “to the hole” and to “give them something they can send pictures of to their mamas.”
42. The Plaintiffs and other inmates were then led to the SMU and placed, one man each, into separate SMU exercise cages. All were handcuffed. While an inquiry into each inmate’s involvement in the alleged assault on the officer was appropriate, the subsequent retaliatory beatings of the inmates while handcuffed were not constitutionally permitted.
E. Second Assault on Cornelius Spencer 43. The CERT officers came first for Cornelius Spencer. When they approached, Spencer, fearful that he would be harmed, said “I ain’t did nothing.” Officer Gilreath replied “You ain’t felt nothing yet.” 44. The door to Spencer’s cage was opened. Officers Gilreath, Hamilton, Quarles, and another officer walked Spencer, still handcuffed, barefoot and wearing only torn underwear, into dorm G1 of the SMU. At no time during the subsequent assault did Spencer offer any resistance; nor did he take or fail to take any action that would have necessitated any use of force. 45. As soon as they entered dorm G1, Officer Gilreath struck Spencer with a closed fist in the jaw, hitting him with such force that Spencer fell to the
15

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee1166oof f2277
ground. Then Officer Gilreath kicked Spencer in the face while Spencer was on the ground. Officer Hamilton repeatedly struck Spencer in the legs and feet with a thin baton-like weapon. Spencer screamed for the officers to stop, but they continued to assault him. The CERT officers continued to punch, kick, and stomp their boots on Spencer for several minutes, during which time Spencer offered no resistance. Then Officer Gilreath kicked Spencer in the head and Spencer fell unconscious. He was dragged into the SMU shower area and left there.
F. Assault on Eric Towns 46. Two officers then emerged from dorm G1 and opened Eric Towns’s exercise cage. The officers led Towns toward dorm G1, with one officer holding Towns under each of his shoulders. Towns’s hands were cuffed behind his back. At no time during the subsequent assault did Towns offer any resistance; nor did he take or fail to take any action that would have necessitated any use of force. 47. When Towns entered dorm G1, he saw blood on the floor. Several other CERT officers were present. All of a sudden, one of the CERT officers, who was wearing a solid-toed combat boot, dealt Towns a karate-style kick to the head. Towns started to fall to the ground from the force of the blow, but the same CERT officers who escorted Towns into dorm G1 held him up so that other officers could continue to assault him. Another officer then hit Towns in the head with a baton.
16

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee1177oof f2277
The blow rendered Towns unconscious. When he regained consciousness, he heard Miracle Nwakanma screaming.
G. Assault on Miracle Nwakanma 48. After they assaulted Spencer and Towns, the CERT officers emerged from dorm G1 and opened Miracle Nwakanma’s exercise cage. They ordered Nwakanma to enter dorm G1, and Nwakanma complied. He was handcuffed and clothed only in shorts and shower shoes. At no time during the subsequent assault did Nwakanma offer any resistance; nor did he take or fail to take any action that would have necessitated any use of force. 49. As soon as Nwakanma entered dorm G1, a CERT officer punched him in the neck. Another CERT officer then struck him in the back of the head with a baton. All of the CERT officers and one regular officer continued to punch Nwakanma and hit him with batons until he fell. Once Nwakanma was on the ground, an officer kicked him hard in the groin. When Nwakanma doubled up in pain, the officer repeatedly kicked him again in the groin and stomach. Another officer repeatedly stomped his boots into Nwakanma’s face. Then an officer kicked Nwakanma in the mouth with such force that Nwakanma’s teeth splintered, causing tooth fragments to become embedded in his lip.
17

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee1188oof f2277
50. Nwakanma believed that the officers would kill him. As they were beating him, one officer said he would “send a card to [Nwakanma’s] mama” saying “her son ain’t coming home.” Finally, an officer struck Nwakanma with a flashlight on the temple causing Nwakanma to lose consciousness.
H. Injuries Sustained By Cornelius Spencer 51. After the assault, Spencer woke up in the SMU shower in a pool of his own blood. He was carried on a stretcher to the infirmary. A “Use of Force Assessment” completed by prison medical staff at 18:30 on August 12, 2010 noted that Spencer: (a) had a “baseball sized” hematoma to the right side of the head; (b) was vomiting a bile-like fluid; (c) was “lethargic”, “disoriented to place, time”, and dehydrated; (d) had a “possible internal injury,” pain in both arms, and “blood shot
eyes”; and (e) required an “urgent” referral to the local emergency room. 52. Intravenous fluids were given and an ambulance was summoned. On his way from the SMU to the prison’s infirmary, Spencer’s body began to shake and convulse uncontrollably. Oxygen was administered. Spencer faded in and out of consciousness on the drive to Redmond Regional Medical Center. In the
18

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee1199oof f2277
emergency room, Spencer was treated for a laceration to his face; x-rays were taken; and other tests were performed.
53. The emergency room physician’s clinical report listed the doctor’s clinical impressions as: (a) “Closed head injury with loss of consciousness”; (b) “Abrasion to the right lower leg and left lower leg”; and (c) Contusion to the head, right upper arm, right lower leg, and left lower leg.” X-rays confirmed that Spencer also had a fractured toe.
54. Following the August 12, 2010 incident, Spencer could not walk unaided. He could not walk without pain for at least one week after the incident.
I. Injuries Sustained by Gregory Haines 55. Defendants’ unprovoked and retaliatory assault on Haines caused him to suffer a bleeding and lacerated lip. Following the assault, Haines also had a swollen knot on his head and multiple bruises and abrasions. Boot prints were still visible on Haines’s back several days after the incident.
J. Injuries Sustained by Eric Towns 56. After Towns regained consciousness, he was taken to the prison’s infirmary. He had a bleeding laceration on the back of his head, a contusion on his arm, and scratches on his knees. He also had a contusion on his heel and painful, welts on his foot. He was given crutches, without which he could not walk. As a
19

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee2200oof f2277
result of the assault, Towns has experienced headaches, memory loss, and nightmares.
K. Injuries Sustained by Nwakanma 57. When Nwakanma regained consciousness after the assault, he was lying in the shower in a pool of his own blood. He was wet and his underwear was drenched with water. 58. As Nwakanma began to regain consciousness, he heard Warden Dean calling through the locked door, but he could not respond or sit up. Later, he was transported to the infirmary on a cart. 59. A “Use of Force Assessment” conducted by GDC medical personnel following the beating showed that Nwakanma had an open laceration to his bottom lip, an open laceration on his left eyebrow, and a swollen foot. He was “extremely hot, sweating profusely,” and told a nurse that he felt he would pass out again. 60. Nwakanma’s medical record indicates that the laceration to his lip was “too swollen to suture” on the day after the incident. An x-ray performed on August 26, 2010 showed that he had a fractured toe. 61. Following the incident, Nwakanma’s lip remained swollen for over one month and he had pain and discomfort in his jaw. On September 23, 2010, a
20

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee2211oof f2277
dentist’s x-ray found broken teeth, a “painful mass” formed by “tooth fragments embedded in the lower lip” and a “possible healing left mandible fracture.”
62. On September 27, 2010, Nwakanma had surgery to extract the tooth fragments from his lower lip. Even after surgery, Nwakanma still has a hard lump in his lip with tooth fragments embedded therein.
63. Nwakanma also suffered possible neurological damage from the assault. Since the assault, he has consistently had trouble articulating words. He has also experienced memory loss, poor concentration, persistent fatigue, and a tendency to fall asleep at inappropriate times, as a result of the incident.
COUNT I: Violation of Eighth and Fourteenth Amendments to the United States Constitution and 42 U.S.C. § 1983 By Defendant Officers Gilreath, Hamilton, Lyons, McNabb, McGathy, Porter, Quarles, Souther, Stewart, and Wooten (Defendant Officers) 64. Plaintiffs incorporate herein and re-allege, as if fully set forth herein, all factual allegations set forth in ¶¶ 1-8 and 28-63. 65. Defendant officers Gilreath, Hamilton, Lyons, McNabb, McGathy, Porter, Quarles, Souther, Stewart, and Wooten (collectively, the “Defendant Officers”), acting under the color of state law, violated Plaintiffs’ rights under the Eighth and Fourteenth Amendments to the United States Constitution by using force “maliciously and sadistically to cause harm.” Hudson v. McMillian, 503 U.S.
21

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee2222oof f2277
1, 7 (1992). The force used by the Defendant Officers, while Plaintiffs were unresisting and restrained with their hands secured behind their backs, was excessive and beyond any force reasonably necessary to maintain order.
66. The Defendant Officers acted with a malicious and retaliatory purpose to inflict harm and more than a de minimis force was applied. See Wilkins v. Gaddy, 130 S. Ct. 1175, 1178 (2010).
67. As a direct and proximate result of the Defendant Officers’ actions, Plaintiffs suffered substantial physical and emotional injuries and have suffered damages in an amount to be proven at trial.
68. The Defendant Officers’ above-described actions were willful, deliberate, and in reckless disregard of the constitutional rights of Plaintiffs, and should be punished and deterred by an award of punitive damages in an amount to be determined at trial. Punitive damages are necessary to deter future Eighth Amendment excessive force violations by these Defendants and at this institution.
COUNT II: Violation of Eighth and Fourteenth Amendments to the United States Constitution and 42 U.S.C. § 1983 By Defendants Clark and Davis (Defendant Supervisors) 69. Plaintiffs incorporate herein and re-allege, as if fully set forth herein, all factual allegations set forth in ¶¶ 1-8 and 28-63.
22

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee2233oof f2277
70. Defendants Captain Clark and Lieutenant Davis (together, the “Defendant Supervisors”) knew that officers at Hays State Prison have long engaged in a pattern and practice of using excessive and retaliatory force against inmates. The past history of widespread abuse against inmates at Hays State Prison was obvious, flagrant, rampant, and of continued duration. Defendants Captain Clark and Lieutenant Davis were on notice of the pattern of excessive force at Hays State Prison, but did not act reasonably to curb it. Defendants Captain Clark and Lieutenant Davis knew of a significant risk that Plaintiffs would be subject to excessive force, but failed to respond reasonably to this risk.
71. Defendants Captain Clark and Lieutenant Davis were further present for and witnessed the unconstitutional assaults in D2 dorm, yet they failed to take reasonable steps to protect the Plaintiffs from other officers’ use of excessive force. Defendants Captain Clark and Lieutenant Davis did nothing to discourage the conduct described herein, even though they had a realistic opportunity to prevent or stop the beatings; instead, they directed, incited, and explicitly encouraged officers to use excessive force against Plaintiffs.
72. By allowing the Defendant Officers to restrain Plaintiffs with handcuffs and exact revenge through severe and sustained beatings in the SMU, Defendants Captain Clark and Lieutenant Davis, acting under the color of state
23

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee2244oof f2277
law, were deliberately indifferent to the resulting substantial risk of physical and emotional injury to Plaintiffs. This deliberate indifference directly and proximately caused the violation of Plaintiffs’ right to be free from cruel and unusual punishment, as provided by the Eighth Amendment and applied to the states by the Fourteenth Amendment to the United States Constitution.
73. As a direct and proximate result of the Defendant Supervisors’ acts and omissions, Plaintiffs have suffered substantial physical and emotional injuries and have suffered damages in an amount to be proven at trial.
74. The Defendant Supervisors have tolerated and ratified a policy and practice of unconstitutional assaults against inmates at Hays State Prison, despite their knowledge of the repeated and violent nature of those assaults. Plaintiffs remain incarcerated in the state prison system and thus cannot avoid future exposure to the pattern of excessive and retaliatory force at Hays State prison. Absent an injunction, Plaintiffs are subject to a real and immediate threat of future unconstitutional and retaliatory assaults.
75. The Defendant Supervisors’ above-described actions were willful, deliberate, and in reckless disregard of the constitutional rights of Plaintiffs, and should be punished and deterred by an award of punitive damages in an amount to
24

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee2255oof f2277
be determined at trial. Punitive damages are necessary to deter future Eighth Amendment excessive force violations by these Defendants and at this institution.
VII. PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully pray that this Court: (a) Assume jurisdiction over this action; (b) Declare that the acts and omissions described herein violated
Plaintiffs’ rights under the Constitution and laws of the United States; (c) Order Defendants to comply with the Constitution and enjoin
Defendants from subjecting Plaintiffs to cruel and unusual punishment; (d) Enter judgment in favor of Plaintiffs for compensatory (or, in the alternative, nominal) and punitive damages, as allowed by law, against each Defendant, jointly and severally; (e) Award Plaintiffs the costs of this lawsuit and reasonable attorneys’ and expert fees and expenses pursuant to 42 U.S.C. § 1988(b) & (c) and as otherwise allowed by law; (f) Order such additional relief as this Court may deem just and proper.
[SIGNATURES ON FOLLOWING PAGE]
25

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee2266oof f2277

Respectfully submitted this 12th day of July, 2011.

s/ Lawrence J. Bracken II Lawrence J. Bracken II Georgia Bar No. 073750 Rhani M. Lott Georgia Bar No. 303316 HUNTON & WILLIAMS LLP Bank of America Plaza, Suite 4100 600 Peachtree Street, N.E. Atlanta, Georgia 30308-2216 Telephone: (404) 888-4000 Facsimile: (404) 888-4190 lbracken@hunton.com rlottl@hunton.com

Georgia Atteeyah Georgia
Atlanta, Telephone: Facsim
aholl

s/Sarah Geraghty Sarah Geraghty
Bar No. 291393 Hollie Bar No. 411415 SOUTHERN CENTER FOR HUMAN RIGHTS 83 Poplar Street, N.W. GA 30303
(404) 688-1202 ile: (404) 688-9440 sgeraghty@schr.org ie@schr.org

Counsel for the Plaintiffs

26

CCaassee44:1:111-m-civ-9-090919898-U-HNLAM DDooccuummeennt t913 FFileiledd0077/1/122/1/111 PPaaggee2277oof f2277
LOCAL RULE 7.1(D) CERTIFICATION In accordance with LR 7.1(D), NDGa, the undersigned counsel hereby certifies that this computer document was prepared in Times New Roman 14-point font, which is approved by the Court in Local Rule 5.1(B). This 12th day of July, 2011
s/ Lawrence J. Bracken II Lawrence J. Bracken II
27

 
 Case: 4:11-cv-188 As of: 09/28/2014 05:00 PM EDT 1 of 10
4months,CLOSED,WEJ
U.S. District Court Northern District of Georgia (Rome) CIVIL DOCKET FOR CASE #: 4:11−cv−00188−HLM

Nwakanma et al v. Clark et al Assigned to: Judge Harold L. Murphy Cause: 42:1983 Prisoner Civil Rights Plaintiff Miracle Nwakanma
Plaintiff Cornelius Spencer

Date Filed: 07/12/2011 Date Terminated: 02/17/2012 Jury Demand: Both Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question
represented by Atteeyah Eshe Hollie Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, GA 30303 404−688−1202 Email: ahollie@schr.org ATTORNEY TO BE NOTICED
Lawrence J. Bracken , II Hunton &Williams 600 Peachtree Street, N.E. Bank of America Plaza, Suite 4100 Atlanta, GA 30308−2216 404−888−4000 Email: lbracken@hunton.com ATTORNEY TO BE NOTICED
Rhani Morris Lott Hunton &Williams LLP −Atlanta 600 Peachtree Street, N.E. Bank of America Plaza, Suite 4100 Atlanta, GA 30308−2216 404−888−4156 Email: rlott@hunton.com ATTORNEY TO BE NOTICED
Sarah E. Geraghty Southern Center for Human Rights 83 Poplar Street, N.W. Atlanta, GA 30303−2122 404−688−1202 Email: sgeraghty@schr.org ATTORNEY TO BE NOTICED
represented by Atteeyah Eshe Hollie (See above for address) ATTORNEY TO BE NOTICED
Lawrence J. Bracken , II (See above for address) ATTORNEY TO BE NOTICED
Rhani Morris Lott (See above for address) ATTORNEY TO BE NOTICED
Sarah E. Geraghty (See above for address) ATTORNEY TO BE NOTICED

Case: 4:11-cv-188 As of: 09/28/2014 05:00 PM EDT 2 of 10

Plaintiff Gregory Haines
Plaintiff Eric Towns

represented by Atteeyah Eshe Hollie (See above for address) ATTORNEY TO BE NOTICED
Lawrence J. Bracken , II (See above for address) ATTORNEY TO BE NOTICED
Rhani Morris Lott (See above for address) ATTORNEY TO BE NOTICED
Sarah E. Geraghty (See above for address) ATTORNEY TO BE NOTICED
represented by Atteeyah Eshe Hollie (See above for address) ATTORNEY TO BE NOTICED
Lawrence J. Bracken , II (See above for address) ATTORNEY TO BE NOTICED
Rhani Morris Lott (See above for address) ATTORNEY TO BE NOTICED
Sarah E. Geraghty (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Captain Timothy Clark

represented by Devon Orland Office of State Attorney General 40 Capitol Square, S.W. Atlanta, GA 30334−1300 404−463−8850 Fax: 404−651−5304 Email: dorland@law.ga.gov ATTORNEY TO BE NOTICED
Matthew F. Boyer Nall &Miller, LLP 235 Peachtree Street, N.E. North Tower, Suite 1500 Atlanta, GA 30303−1401 404−463−8850 Fax: 404−651−5304 Email: mboyer@nallmiller.com ATTORNEY TO BE NOTICED
Susan Elizabeth Teaster Attorney General's Office−Atl Department of Law 40 Capitol Square, SW Atlanta, GA 30334 404−463−8850

Case: 4:11-cv-188 As of: 09/28/2014 05:00 PM EDT 3 of 10

Fax: 404−651−5304 Email: steaster@law.ga.gov ATTORNEY TO BE NOTICED

Defendant Lieutenant Sherman Davis

represented by Adam Lowell Appel Cruser &Mitchell, LLP Suite 2000, Meridian II 275 Scientific Drive Norcross, GA 30092 404−881−2622 Email: aappel@cmlawfirm.com ATTORNEY TO BE NOTICED

Devon Orland (See above for address) ATTORNEY TO BE NOTICED

Marquetta Johnson Bryan Carlock Copeland &Stair, LLP − Atl Suite 3600 191 Peachtree Street, NE Atlanta, GA 30303−1740 404−522−8220 Fax: 404−222−9482 Email: marquetta.bryan@NelsonMullins.com ATTORNEY TO BE NOTICED

Defendant Officer Kenny Gilreath

represented by Devon Orland (See above for address) ATTORNEY TO BE NOTICED

Vincent Aaron Toreno Ken David &Associates, LLC Suite 950 International Tower 229 Peachtree Street Atlanta, GA 30303 404−446−4476 Fax: 404−446−4499 Email: vince.toreno@kendavidlaw.com ATTORNEY TO BE NOTICED

Defendant Officer Jack Hamilton

represented by Devon Orland (See above for address) ATTORNEY TO BE NOTICED

Frank Philips Harris Harris &Bunch, LLC 142 South Park Square Marietta, GA 30060 678−483−8657 Fax: 770−499−1365 Email: fharris@harrisandbunch.com ATTORNEY TO BE NOTICED

Defendant Officer John Lyons

represented by Thomas Frank Richardson Chambless, Higdon, Richardson, Katz &Griggs LLP

Case: 4:11-cv-188 As of: 09/28/2014 05:00 PM EDT 4 of 10

P.O. Box 18086 3920 Arkwright Rd. Suite 450 Macon, GA 31209−8086 478−745−1181 Email: trichardson@chrkglaw.com ATTORNEY TO BE NOTICED

Defendant Officer Brian McNabb

represented by Eve Anne Appelbaum Appelbaum &Associates, P.C. 9B Lenox Pointe, NE Atlanta, GA 30324 404−841−1275 Fax: 404−841−0248 Email: eaa@aps−law.com ATTORNEY TO BE NOTICED

Defendant Officer Brian McGathy

represented by Gary L. Seacrest Seacrest Karesh Tate &Bicknese 56 Perimeter Center East Suite 450 Atlanta, GA 30346 770−804−1800 Email: gseacrest@sktblaw.com ATTORNEY TO BE NOTICED

Stacy Petroff Seidel Seacrest Karesh Tate &Bicknese 56 Perimeter Center East Suite 450 Atlanta, GA 30346 770−804−1800 Email: sseidel@sktblaw.com ATTORNEY TO BE NOTICED

Defendant Officer Billy Porter

represented by Annarita L. McGovern Owen Gleaton Egan Jones &Sweeney, LLP 1180 Peachtree Street, NE Suite 3000 Atlanta, GA 30309 404−688−2600 Fax: 404−525−4347 Email: AMcGovern@OG−Law.com ATTORNEY TO BE NOTICED

Devon Orland (See above for address) ATTORNEY TO BE NOTICED

Defendant Officer Jayson Quarles

represented by Devon Orland (See above for address) ATTORNEY TO BE NOTICED

Stephen E. Curry Curry Law Firm 3508−C Professional Circle Martinez, GA 30907−8232 706−724−0022

Case: 4:11-cv-188 As of: 09/28/2014 05:00 PM EDT 5 of 10

Email: securry@currylawfirm.com ATTORNEY TO BE NOTICED

Defendant Officer Nicholas Souther

represented by David C. Will Royal Will 4799 Sugarloaf Parkway Building J Lawrenceville, GA 30044 770−814−8022 Fax: 770−814−8360 Email: dwill@royallaw.net ATTORNEY TO BE NOTICED

Devon Orland (See above for address) ATTORNEY TO BE NOTICED

Holly Hance Holly Hance, Attorney at Law 2632 Ridge Run Trail Duluth, GA 30097 404−680−3914 Fax: 770−814−8360 Email: holly_hance@hotmail.com ATTORNEY TO BE NOTICED

Defendant
Officer Nick Stewart and

represented by Devon Orland (See above for address) ATTORNEY TO BE NOTICED

George M. Weaver Hollberg &Weaver, LLP 2921 Piedmont Road, N.E. Suite C Atlanta, GA 30305 404−760−1116 Email: gweaver@hw−law.com 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

Defendant
Officer Kevin Wooten correctional officers and supervisors, Hays State Prison, in their official and individual capacities

represented by Devon Orland (See above for address) ATTORNEY TO BE NOTICED
Lauren E. H. Meadows Oliver Maner, LLP P.O. Box 10186 218 W. State Street Savannah, GA 31412 912−236−3311 Fax: 678−213−2406 Email: lmeadows@olivermaner.com

Case: 4:11-cv-188 As of: 09/28/2014 05:00 PM EDT 6 of 10
ATTORNEY TO BE NOTICED
Matthew R. LaVallee Daley, Koster &LaVallee, LLC 2849 Paces Ferry Road Suite 205 Atlanta, GA 30339 678−213−2401 Fax: 678−213−2406 Email: matthew@lavalleelawga.com ATTORNEY TO BE NOTICED

Date Filed 07/11/2011
07/12/2011
07/12/2011 07/12/2011 07/12/2011 07/12/2011 07/12/2011 07/12/2011 07/12/2011 07/12/2011 07/12/2011 07/12/2011 07/12/2011 07/12/2011 07/13/2011
07/14/2011 07/14/2011
07/25/2011 07/25/2011 07/25/2011

# Docket Text
2 CLERK FILED IN WRONG CASEORDER directing Plaintiff to Show Cause w/in 30 days of the docketing of this Order why this action should not be Dismissed for failure to prosecute. Signed by Judge Robert L. Vining, Jr. on 7/11/2011. (bjh) Modified on 7/12/2011 (bjh). (Entered: 07/12/2011)
1 COMPLAINT with Jury Demand filed by Plaintiffs. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. (Filing fee $350 receipt number 113E−3400647) (Attachment: # 1 Civil Cover Sheet)(bjh) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 07/12/2011)
3 Summons Issued as to Timothy Clark. (bjh) (Entered: 07/12/2011)
4 Summons Issued as to Sherman Davis. (bjh) (Entered: 07/12/2011)
5 Summons Issued as to Kenny Gilreath. (bjh) (Entered: 07/12/2011)
6 Summons Issued as to Jack Hamilton. (bjh) (Entered: 07/12/2011)
7 Summons Issued as to John Lyons. (bjh) (Entered: 07/12/2011)
8 Summons Issued as to Brian McNabb. (bjh) (Entered: 07/12/2011)
9 Summons Issued as to Brian McGathy. (bjh) (Entered: 07/12/2011)
10 Summons Issued as to Billy Porter. (bjh) (Entered: 07/12/2011)
11 Summons Issued as to Jayson Quarles. (bjh) (Entered: 07/12/2011)
12 Summons Issued as to Nicholas Souther. (bjh) (Entered: 07/12/2011)
13 Summons Issued as to Nick Stewart. (bjh) (Entered: 07/12/2011)
14 Summons Issued as to Kevin Wooten. (bjh) (Entered: 07/12/2011)
15 Corporate Disclosure Statement by Gregory Haines, Miracle Nwakanma, Cornelius Spencer, Eric Towns.(Bracken, Lawrence) Modified on 7/13/2011 to delete double wording (bjh). (Entered: 07/13/2011)
16 Clerks Notation re 15 Corporate Disclosure Statement signed on 7/14/2011 by Judge Harold L. Murphy. (bjh) (Entered: 07/14/2011)
17 NOTICE of Appearance by Sarah E. Geraghty on behalf of Gregory Haines, Miracle Nwakanma, Cornelius Spencer, Eric Towns (Geraghty, Sarah) (Entered: 07/14/2011)
18 Letter from Albert Thomas stating he is a witness re this complaint and requesting the address for Plaintiffs' Attorneys. (bjh) (Entered: 07/25/2011)
Clerks Certificate of Mailing to Albert Thomas, a copy of the Docket Report that reflects Plaintiffs' Attorneys' addresses, re 18 Letter. (bjh) (Entered: 07/25/2011)
19 NOTICE of Appearance by Rhani Morris Lott on behalf of Gregory Haines, Miracle Nwakanma, Cornelius Spencer, Eric Towns (Lott, Rhani) (Entered: 07/25/2011)

Case: 4:11-cv-188 As of: 09/28/2014 05:00 PM EDT 7 of 10

07/25/2011 07/26/2011 07/27/2011
07/28/2011 07/28/2011 08/02/2011 08/03/2011
08/03/2011 09/06/2011 09/06/2011 09/07/2011 09/07/2011 09/07/2011 09/07/2011 09/07/2011 09/07/2011

20 NOTICE of Appearance by Atteyah Eshe Hollie on behalf of Gregory Haines, Miracle Nwakanma, Cornelius Spencer, Eric Towns (Hollie, Atteyah) (Entered: 07/25/2011)
21 Joint MOTION for Extension of Time to File Answer to Complaint by Timothy Clark, Sherman Davis, Kenny Gilreath, Jack Hamilton, Billy Porter, Jayson Quarles, Nicholas Souther, Nick Stewart, Kevin Wooten. (Attachments: # 1 Text of Proposed Order)(Orland, Devon) (Entered: 07/26/2011)
ORAL ORDER granting 21 Joint Motion for Extension of Time to Answer. Timothy Clark Answer due 9/7/2011; Sherman Davis Answer due 9/7/2011; Kenny Gilreath Answer due 9/7/2011; Jack Hamilton Answer due 9/7/2011; Billy Porter Answer due 9/7/2011; Jayson Quarles Answer due 9/7/2011; Nicholas Souther Answer due 9/7/2011; Nick Stewart Answer due 9/7/2011; Kevin Wooten Answer due 9/7/2011. Entered by Magistrate Judge Walter E. Johnson on 7/27/11. (klb) (Entered: 07/27/2011)
22 Letter from Alonzo Moorefield, Jr. requesting copy of docket report. (bjh) (Entered: 07/28/2011)
Clerks Certificate of Mailing copy of docket report to Alonzo Moorefield, Jr. re 22 Letter. (bjh) (Entered: 07/28/2011)
23 NOTICE Of Filing Proof of Service by Gregory Haines, Miracle Nwakanma, Cornelius Spencer, Eric Towns (Attachments: # 1 Exhibit A: Affidavits/Proof of Service)(Lott, Rhani) (Entered: 08/02/2011)
24 Return of Service Executed by Gregory Haines, Miracle Nwakanma, Eric Towns, Cornelius Spencer. Timothy Clark served on 7/15/2011, answer due 9/7/2011; Sherman Davis served on 7/15/2011, answer due 9/7/2011; Kenny Gilreath served on 7/15/2011, answer due 9/7/2011; Jack Hamilton served on 7/15/2011, answer due 9/7/2011; Billy Porter served on 7/15/2011, answer due 9/7/2011; Jayson Quarles served on 7/15/2011, answer due 9/7/2011; Nicholas Souther served on 7/15/2011, answer due 9/7/2011; Nick Stewart served on 7/15/2011, answer due 9/7/2011. (Attachments: # 1 Exhibit A; July 15, 2011 Proofs of Service)(Lott, Rhani) (Entered: 08/03/2011)
25 Return of Service Executed by Gregory Haines, Miracle Nwakanma, Eric Towns, Cornelius Spencer. Kevin Wooten served on 7/19/2011, answer due 9/7/2011. (Attachments: # 1 Exhibit A: July 19, 2011 Proof of Service)(Lott, Rhani) (Entered: 08/03/2011)
26 ANSWER to 1 COMPLAINT with Jury Demand by Jayson Quarles.(Curry, Stephen) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/06/2011)
Discovery ends on 2/6/2012. (rth) (Entered: 09/07/2011)
27 NOTICE of Appearance by Adam Lowell Appel on behalf of Sherman Davis (Appel, Adam) (Entered: 09/07/2011)
28 NOTICE of Appearance by Marquetta Johnson Bryan on behalf of Sherman Davis (Bryan, Marquetta) (Entered: 09/07/2011)
29 ANSWER to 1 COMPLAINT with Jury Demand by Sherman Davis.(Appel, Adam) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/07/2011)
30 ANSWER to 1 COMPLAINT with Jury Demand by Nick Stewart.(Weaver, George) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/07/2011)
31 ANSWER to 1 COMPLAINT with Jury Demand and Defenses by Timothy Clark.(Teaster, Susan) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/07/2011)
32 ANSWER to 1 COMPLAINT with Jury Demand by Kevin Wooten.(LaVallee, Matthew) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/07/2011)

Case: 4:11-cv-188 As of: 09/28/2014 05:00 PM EDT 8 of 10

09/07/2011 09/07/2011 09/07/2011 09/07/2011 09/07/2011 09/23/2011 09/23/2011
10/06/2011 10/20/2011 10/21/2011 11/01/2011 11/03/2011 11/03/2011
11/22/2011 11/22/2011 12/07/2011
12/08/2011

33 ANSWER to 1 COMPLAINT with Jury Demand by Nicholas Souther.(Will, David) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/07/2011)
34 ANSWER to 1 COMPLAINT with Jury Demand by Kenny Gilreath.(Toreno, Vincent) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/07/2011)
35 NOTICE of Appearance by Holly Hance on behalf of Nicholas Souther (Hance, Holly) (Entered: 09/07/2011)
36 Defendant Billy Porter ANSWER to 1 COMPLAINT by Billy Porter.(Busbee, Annarita) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/07/2011)
37 ANSWER to 1 COMPLAINT with Jury Demand by Jack Hamilton.(Harris, Frank) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/07/2011)
38 Consent MOTION for Extension of Time Regarding Pretrial Deadlines by Gregory Haines, Miracle Nwakanma, Cornelius Spencer, Eric Towns. (Attachments: # 1 Text of Proposed Order Exhibit A)(Lott, Rhani) (Entered: 09/23/2011)
39 ORDER granting 38 Consent Motion to Extend Pretrial Deadlines. The Court STAYS the parties obligations to comply with the deadlines for conducting the Rule 26(f) Conference, serving Initial disclosures and filing a Joint Preliminary Report and Discovery plan through and including November 7, 2011. Signed by Magistrate Judge Walter E. Johnson on 9/23/11. (klb) (Entered: 09/23/2011)
40 WAIVER OF SERVICE Returned Executed by Gregory Haines, Miracle Nwakanma, Eric Towns, Cornelius Spencer. Brian McGathy waiver mailed on 9/23/2011, answer due 11/22/2011. (Bracken, Lawrence) (Entered: 10/06/2011)
41 NOTICE of Appearance by Eve Anne Appelbaum on behalf of Brian McNabb (Appelbaum, Eve) (Entered: 10/20/2011)
42 WAIVER OF SERVICE Returned Executed by Gregory Haines, Miracle Nwakanma, Eric Towns, Cornelius Spencer. Brian McNabb waiver mailed on 9/23/2011, answer due 11/22/2011. (Bracken, Lawrence) (Entered: 10/21/2011)
43 Summons Reissued as to John Lyons. (bjh) (Entered: 11/01/2011)
44 Consent MOTION for Extension of Time of Pretrial Deadlines by Gregory Haines, Miracle Nwakanma, Cornelius Spencer, Eric Towns. (Attachments: # 1 Exhibit A− Proposed Order)(Lott, Rhani) (Entered: 11/03/2011)
45 ORDER − the Court hereby GRANTS the Plaintiffs Consent Motion to Extend Pretrial Deadlines. The Court STAYS the parties obligations to comply with the deadlines for conducting the Rule 26(f) Conference, serving Initial disclosures and filing a Joint Preliminary Report and Discovery plan through and including December 7, 2011. Signed by Magistrate Judge Walter E. Johnson on 11/3/11. (klb) (Entered: 11/03/2011)
46 ANSWER to 1 COMPLAINT with Jury Demand by Brian McNabb.(Appelbaum, Eve) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 11/22/2011)
47 ANSWER to 1 COMPLAINT with Jury Demand by Brian McGathy.(Seacrest, Gary) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 11/22/2011)
48 Consent MOTION for Extension of Time To Continue Pretrial Deadlines by Timothy Clark, Sherman Davis, Kenny Gilreath, Jack Hamilton, Billy Porter, Jayson Quarles, Nicholas Souther, Nick Stewart, Kevin Wooten. (Attachments: # 1 Text of Proposed Order)(Orland, Devon) Modified on 12/8/2011 to edit text to reflect pdf (bjh). (Entered: 12/07/2011)
49 ORDER Granting 48 Consent Motion for Extension of Time for all deadlines until and including 2/7/2012. Signed by Judge Harold L. Murphy on 12/8/11. (bjh)

Case: 4:11-cv-188 As of: 09/28/2014 05:00 PM EDT 9 of 10

12/08/2011 02/02/2012 02/06/2012 02/17/2012
02/17/2012 02/17/2012 02/23/2012
02/29/2012 02/29/2012 12/09/2013
12/10/2013 01/13/2014 01/31/2014
01/31/2014

(Entered: 12/08/2011)
Discovery ends on 2/7/2012. (bjh) (Entered: 12/08/2011)
50 NOTICE of Change of Address for Matthew R. LaVallee, counsel for Kevin Wooten (LaVallee, Matthew) (Entered: 02/02/2012)
51 Consent MOTION for Extension of Time To Extend Pretrial Deadlines by Gregory Haines, Miracle Nwakanma, Cornelius Spencer, Eric Towns. (Attachments: # 1 Text of Proposed Order)(Lott, Rhani) (Entered: 02/06/2012)
52 STIPULATION of Dismissal [JOINT] by Timothy Clark, Sherman Davis, Kenny Gilreath, Gregory Haines, Jack Hamilton, John Lyons, Brian McGathy, Brian McNabb, Miracle Nwakanma, Billy Porter, Jayson Quarles, Nicholas Souther, Cornelius Spencer, Nick Stewart, Eric Towns, Kevin Wooten. (Lott, Rhani) (Entered: 02/17/2012)
Clerk's Entry of Dismissal APPROVING 52 Stipulation of Dismissal with Prejudice, pursuant to Fed.R.Civ.P.41(a)(1)(ii). (bjh) (Entered: 02/21/2012)
Civil Case Terminated. Magistrate Judge Walter E. Johnson terminated from case. (bjh) (Entered: 02/21/2012)
53 STIPULATION of Dismissal [JOINT] by Timothy Clark, Sherman Davis, Kenny Gilreath, Gregory Haines, Jack Hamilton, John Lyons, Brian McGathy, Brian McNabb, Miracle Nwakanma, Billy Porter, Jayson Quarles, Nicholas Souther, Cornelius Spencer, Nick Stewart, Eric Towns, Kevin Wooten. (Geraghty, Sarah) (Entered: 02/23/2012)
54 Letter from Alonzo Moorefield, Jr. requesting copy of complaint and docket report. (bjh) (Entered: 02/29/2012)
Clerks Certificate of Mailing to Alonzo Moorefield, Jr. re 1 Complaint and docket report. (bjh) (Entered: 02/29/2012)
55 ORDER: On December 9, 2013, the Court received the attached communication from Albert Thomas, titled "Motion for Relief Judgment or Order and Contempt." Mr. Thomas was not a party to the Complaint in this action, and the Complaint was not a class action complaint. (See generally Complaint (Docket Entry No.1).) Further, the Court never granted leave to Mr. Thomas to be a party Plaintiff in this action. (See generally Docket.) As such, Mr. Thomas cannot file Motions or seek relief in this case. In any event, the relief that Mr. Thomas seeks has nothing to do with the matters alleged in the Complaint. Finally, to the extent that Mr. Thomas challenges rulings by Senior United States District Judge J. Owen Forrester in Thomas v. Georgia State Board of Pardons and Paroles, Civil Action No.1 :96−CV−0527 −JOF, Mr. Thomas must file his challenges in that case, not in the instant action. Moreover, this Court lacks authority to review Judge Forrester's rulings. The Court consequently will not grant the relief requested by Mr. Thomas. ACCORDINGLY, the Court DIRECTS the Clerk to make the attached communication a part of the record in this case. Signed by Judge Harold L. Murphy on 12/9/13. (Attachment: # 1 Letter/Attachment)(bjh) (Entered: 12/10/2013)
Clerks Certificate of Mailing to Albert Thomas re 55 Order. (bjh) (Entered: 12/10/2013)
56 MOTION for Relief Judgment, MOTION for Order Clarification by Albert Thomas. (Attachments: # 1 Attachments)(bjh) (Entered: 01/13/2014)
57 ORDER Denying non−party Albert Thomas's 56 Motion for Relief from Judgment/Motion for Order Clarification. The Court DIRECTS Mr. Thomas to REFRAIN from filing future Motions in this case, as Mr. Thomas clearly is not entitled to seek relief in this action. The Court will direct the Clerk to strike any future filings that Mr. Thomas makes in this case. Signed by Judge Harold L. Murphy on 1/31/14. (bjh) (Entered: 01/31/2014)
Clerks Certificate of Mailing to non−party Mr. Thomas re 57 Order. (bjh) (Entered: 01/31/2014)

Case: 4:11-cv-188 As of: 09/28/2014 05:00 PM EDT 10 of 10

04/14/2014 04/14/2014

58 Letter received from Alonzo Moorefield requesting copies. (Attachment: # 1 Envelope) (bjh) (Entered: 04/14/2014)
Clerks Certificate of Mailing to Alonzo Moorefield, Jr. 53 Stipulation of Dismissal, 1 Complaint, and docket report. (bjh) (Entered: 04/14/2014)

 
 10/6/2014 Settlement Reached in Lawsuit Filed Against Georgia Department of Corrections Officers for Alleged Beating of Handcuffed Prisoners at Hays State Prison | S…

WHO WE ARE
HISTORY

WHAT WE DO

OUR WORK

BOARD OF DIRECTORS

STAFF

INTERNSHIPS

CAREER OPPORTUNITIES

NEWS

RESOURCES

EVENTS

DONATE

17th February, 2012 Southern Center for Human Rights
Settlement Reached In Lawsuit Filed Against Georgia Department of Corrections Officers for Alleged Beating of Handcuffed Prisoners At Hays State Prison
ROME, GEORGIA – Four prisoners who alleged that they sustained injuries after being assaulted by correctional personnel have settled their lawsuit against officers of the Georgia Department of Corrections (GDC). The settlement resolves the civil rights lawsuit, Nwakanma v. Clark, 4:11-cv-00188 (N.D. Ga.), filed in July 2011, which was jointly dismissed by the parties today. The settlement provides for a total payment of $93,000 by the Defendants and requires the State to provide certain medical care to the injured inmates.
The Plaintiffs in the case were Miracle Nwakanma, Cornelius Spencer, Eric Towns, and Gregory Haines. The four men alleged that on August 12, 2010, they were subjected to retaliatory beatings by members of the GDC’s Correctional Emergency Response Team (CERT) and other officers. Specifically, in their lawsuit the Plaintiffs alleged: • While handcuffed, Miracle Nwakanma was punched, stomped on, kicked in the groin and face, struck with a flashlight, hit with batons, and beaten until he was unconscious. He suffered injuries including splintered teeth, a fractured toe, a fractured jaw, and possible neurological damage. Oral surgery was later required to repair the damage to his face. • While handcuffed, Cornelius Spencer was punched, kicked, and beaten with a baton-like instrument until he vomited and lost consciousness. Mr. Spencer suffered a baseball-sized hematoma to the head, a fractured toe, and other injuries. • While Eric Towns was handcuffed, officers kicked him in the head, beat him with a baton on his bare feet, and struck him with a baton in the head until he was unconscious. • While handcuffed, Gregory Haines was punched, kneed in the face, and kicked in the face.
“As the United States Supreme Court has stated, being violently assaulted in prison is not part of the penalty that incarcerated persons pay for their offenses against society,” said attorney Atteeyah Hollie with the Southern Center for Human Rights.
This is the second time that SCHR has sued Hays State Prison officials for assaults on prisoners. In 1997, SCHR settled a civil rights lawsuit on behalf of fourteen men who were subjected to unprovoked beatings during a prison “shakedown” led by former GDC Commissioner Wayne Garner.
The plaintiffs in Nwakanma v. Clark were represented by attorneys at the Southern Center for Human Rights and Hunton & Williams LLP.
For additional information, contact Kathryn Hamoudah at 404/688-1202 or khamoudah@schr.org
https://www.schr.org/hayssettlement

Judge Clears Way for Lawsuit Grady County "Money-Making Scheme" Case
20th August 2014 On August 20, 2014, the Southern Center for Human Rights received a great order in a laws seeking the return of so-called “administrative costs” that were illegally collected from citizen small county in South Georgia.
Process for Selecting Cordele Circuit Public Defender Reopened After Challenge to Sham Process
23rd September 2014 Atlanta, GA – On September 16, 2014, the Geo officials announced that they would reopen applications for the position of Cordele Circuit Public Defender and receive applications until October 17. The announcement came after attorneys with the Southern Center for Human Rights (SCHR) and Arnold & Porter LLP, representing children and adults accused of cr in N.P. ex rel Darden v. Georgia, filed an emerg motion on August 25 challenging the appointm of a new public defender on August 1 that was followed by an after-the-fact sham selection process.
Fresh off the Presses: 2014 Human Rights Report
1/2