Filed Date: Nov. 19, 1996
Clearinghouse coding complete
In this case, fourteen prisoners sued the Georgia Department of Corrections (GDC), alleging that state correctional officials used excessive force during "shakedowns" or unannounced inspections of prisoners' living areas. During a shakedown, groups of state corrections officers or "Tactical Squads" would conduct an unannounced inspection of prisoners' living areas. Tactical Squads would also subject prisoners to body frisks. The purpose of the inspection was to find and confiscate contraband. The suit was brought on behalf of all prisoners who might have been subject to shakedowns in future. The prisoners sought compensatory and punitive damages as well as injunctive relief on behalf of the class.
In their original complaint, the plaintiffs alleged that two shakedowns took place at the Hays State Prison and the Walker State Prison on July 10, 1996. On that day, correctional officers assaulted "dozens" of prisoners who were not resisting while prison officials stood by and failed to intervene. Prison officials present at the time of the shakedowns included Defendant Wayne Garner, Commissioner of the GDC and Defendant A.G. Thomas, Director of Facilities for GDC.
The case was assigned to District Judge, Harold Murphy. The plaintiffs filed a motion for class certification on February 12, 1997. The defendants argued in their motion to dismiss that the plaintiffs were barred from pursuing the suit by Section 802 of the Prison Litigation Reform Act of 1996 (PLRA). In his order granting the class certification, Judge Murphy rejected the defendants' argument, holding that the case was appropriate for class certification under Federal Rule of Civil Procedure 23(b)(2). 22 F.Supp.2d 1379. He held that PLRA did not bar the plaintiffs from proceeding; instead, the law's constraints applied only to the type of relief that courts could provide. The certified class consisted of "all inmates housed in Georgia Department of Corrections facilities who will be subjected to future shakedowns led by Defendants [], their successors, and their agents and assigns."
The Clearinghouse was not able to find any further information about the resolution of this case. But given that there is no PACER docket for the case, it has presumably concluded.
Summary Authors
Gabrielle Simeck (11/22/2020)
Murphy, Harold Lloyd (Georgia)
Murphy, Harold Lloyd (Georgia)
Last updated Feb. 29, 2024, 3:01 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Georgia
Case Type(s):
Key Dates
Filing Date: Nov. 19, 1996
Case Ongoing: No
Plaintiffs
Plaintiff Description:
All inmates housed in Georgia Department of Corrections facilities who will be subjected to future shakedowns led by Defendants, their successors, and their agents and assigns.
Plaintiff Type(s):
Attorney Organizations:
Southern Center for Human Rights (SCHR)
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Commissioner of the Georgia Department of Corrections, State
Defendant Type(s):
Case Details
Available Documents:
Outcome
Prevailing Party: Unknown
Nature of Relief:
Source of Relief:
Issues
General:
Policing:
Jails, Prisons, Detention Centers, and Other Institutions:
Assault/abuse by staff (facilities)
Type of Facility: