University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Andrews v. Allen PC-GA-0022
Docket / Court 6:18-cv-00047-JRH-RSB ( S.D. Ga. )
State/Territory Georgia
Case Type(s) Prison Conditions
Attorney Organization Southern Center for Human Rights
Case Summary
On April 19, 2018, two prisoners incarcerated in the Georgia State Prison filed this lawsuit in the U.S. District Court for the Southern District of Georgia. The plaintiffs sued the prison’s warden, regional director, and four other prison employees under 42 U.S.C § 1983 for violations of the ... read more >
On April 19, 2018, two prisoners incarcerated in the Georgia State Prison filed this lawsuit in the U.S. District Court for the Southern District of Georgia. The plaintiffs sued the prison’s warden, regional director, and four other prison employees under 42 U.S.C § 1983 for violations of the Eighth and Fourteenth Amendments. Represented by the Southern Center for Human Rights, the plaintiffs sought damages and attorneys fees. The case was assigned to Chief Judge J. Randal Hall. The plaintiffs alleged that the Georgia State Prison’s warden and regional director were aware of a routine practice of excessive force against prisoners, but did not take reasonable steps to protect the prisoners.

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

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

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

Justin Hill - 10/10/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Defendant-type
Corrections
General
Assault/abuse by staff
Conditions of confinement
Excessive force
Failure to supervise
Pepper/OC spray
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Georgia State Prison
Plaintiff Description Two prisoners in Georgia State Prison.
Indexed Lawyer Organizations Southern Center for Human Rights
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Unknown
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Filing Year 2018
Case Closing Year 2019
Case Ongoing No
Additional Resources
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  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
By: Margo Schlanger (Washington University Faculty)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
Book
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
6:18-cv-00047-JRH-RSB (S.D. Ga.)
PC-GA-0022-9000.pdf | Detail
Date: 06/13/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PC-GA-0022-0001.pdf | Detail
Date: 04/19/2018
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 38] (S.D. Ga.)
PC-GA-0022-0002.pdf | Detail
Date: 06/13/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Hall, James Randal (S.D. Ga.) show/hide docs
PC-GA-0022-0002 | PC-GA-0022-9000
Plaintiff's Lawyers Brown, Ebony (Georgia) show/hide docs
PC-GA-0022-9000
Geraghty, Sarah E. (Georgia) show/hide docs
PC-GA-0022-0001 | PC-GA-0022-9000
Hollie, Atteeyah Eshe (Georgia) show/hide docs
PC-GA-0022-0001 | PC-GA-0022-9000
Defendant's Lawyers Stay, Ronald J. (Georgia) show/hide docs
PC-GA-0022-9000
Toreno, Vincent Aaron (Georgia) show/hide docs
PC-GA-0022-9000

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