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Case Name Green v. Hooks PC-GA-0024
Docket / Court 6:14-cv-00046 ( S.D. Ga. )
State/Territory Georgia
Case Type(s) Prison Conditions
Case Summary
This case is the consolidation of two separate civil actions filed by the same plaintiff, a transgender woman housed at Rogers State Prison in Georgia, a single sex men's facility. The plaintiff was sexually assaulted several times by another prisoner while in both general population and protective ... read more >
This case is the consolidation of two separate civil actions filed by the same plaintiff, a transgender woman housed at Rogers State Prison in Georgia, a single sex men's facility. The plaintiff was sexually assaulted several times by another prisoner while in both general population and protective custody. On May 17, 2014, she filed suit in the U.S. District Court for the Southern District of Georgia under 42 U.S.C. § 1983 alleging that the Warden, Deputy Warden, and Lieutenant of the prison were deliberately indifferent to her safety, in violation of the Eighth and Fourteenth Amendments. In the second case, filed {}, again, under Section 1983, she sued other prison employees based on the same allegations. The two cases were consolidated before Judge J. Randal Hall.

The plaintiff is represented by private counsel. The complaint alleged that prison staff conducted a "PREA" intake (that is, an intake related to the Prison Rape Elimination Act), alerting them to the plaintiff's gender identity and presentation. They classified her as neither a PREA victim or threat, and housed her in the general population. Soon after, she was threatened and coerced into performing oral sex on another prisoner housed in the same unit. Due to explicit homophobia on the unit, both the plaintiff and the man who had assaulted her were moved to protective custody, and were housed together in a double occupancy room. While there, the plaintiff was sexually assaulted while being threatened with a razor blade. She asserts that she had put prison staff on notice that she was in danger, and that they had demonstrated deliberate indifference, effectively allowing her to be assaulted.

On August 26th of 2016, the defendants sought summary judgment; it was granted. Judge Hall found that they had not violated any of the plaintiff's constitutional rights, and that they were covered by qualified immunity. 2017 WL 1078646. On appeal, the Eleventh Circuit affirmed on Jan. 6, 2020, issuing an opinion (by Judge Elizabeth Branch) finding that the there had been no constitutional violation, because prison officials were not actually aware of the plaintiff-specific risks of sexual assault, and the general risk (apart from her particular situation) was not significant enough to meet the constitutional test; the court emphasized that the 28 reported incidents of inmate-on-inmate sexual assault in five years at prison, which had population of 1,500 inmates, did not constitute substantial risk of serious harm, as required to support prisoner's deliberate indifference claim. 798 Fed.Appx. 411.

The appellate mandate issued on Feb. 5, 2020. The time to seek Supreme Court review will end in mid-July.

Alex Moody - 02/10/2020
Jack Hibbard - 05/26/2020


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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
Discrimination-basis
Gender identity
General
Assault/abuse by residents/inmates/students
Gay/lesbian/transgender
Prison Rape Elimination Act
Sexual abuse by residents/inmates
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Georgia Department of Corrections
Plaintiff Description Plaintiff is a trans woman housed in a men's prison in Georgia
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Filed 05/17/2014
Case Closing Year 2020
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
6:14-cv-103 (S.D. Ga.)
PC-GA-0024-9000.pdf | Detail
Date: 10/03/2018
Source: PACER [Public Access to Court Electronic Records]
6:14-cv-46 (S.D. Ga.)
PC-GA-0024-9001.pdf | Detail
Date: 02/05/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Jury Trial Demanded: Complaint [ECF# 1]
PC-GA-0024-0001.pdf | Detail
Date: 09/19/2014
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 173] (2017 WL 1078646) (S.D. Ga.)
PC-GA-0024-0002.pdf | WESTLAW | Detail
Date: 03/21/2017
Source: PACER [Public Access to Court Electronic Records]
Appeal from the United States District Court for the Southern District of Georgia [Ct. of App. ECF# 38] (2020 WL 57329)
PC-GA-0024-0003.pdf | WESTLAW | Detail
Date: 01/06/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Branch, Elizabeth Lee (Eleventh Circuit) show/hide docs
PC-GA-0024-0003
Graham, James E. (S.D. Ga.) [Magistrate] show/hide docs
PC-GA-0024-9000
Hall, James Randal (S.D. Ga.) show/hide docs
PC-GA-0024-0002 | PC-GA-0024-9000 | PC-GA-0024-9001
Rosenbaum, Robin Stacie (State Trial Court, S.D. Fla., Eleventh Circuit) show/hide docs
PC-GA-0024-0003
Tjoflat, Gerald Bard (M.D. Fla., Fifth Circuit, Eleventh Circuit) show/hide docs
PC-GA-0024-0003
Plaintiff's Lawyers Betts, David (Alabama) show/hide docs
PC-GA-0024-9001
Oinonen, Julie (Georgia) show/hide docs
PC-GA-0024-9001
Williams, Mario B (Georgia) show/hide docs
PC-GA-0024-0001 | PC-GA-0024-9000 | PC-GA-0024-9001
Defendant's Lawyers Crowder, Elizabeth McRary (Georgia) show/hide docs
PC-GA-0024-9001
Drolet, Joseph J (Georgia) show/hide docs
PC-GA-0024-9001
Hirsch, Michelle J. (Georgia) show/hide docs
PC-GA-0024-9001
McClendon, Angelique B (Georgia) show/hide docs
PC-GA-0024-9001
Piper, Tina M (Georgia) show/hide docs
PC-GA-0024-9001

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