Case: Alderman v. Donald

1:07-cv-00896 | U.S. District Court for the Northern District of Georgia

Filed Date: April 20, 2007

Clearinghouse coding complete

Case Summary

On April 20, 2007, attorneys representing a Georgia state prisoner awaiting imposition of his death sentence filed a civil complaint on his behalf in the U.S. District Court for the Northern District of Georgia. Plaintiff's counsel included attorneys from private firms in New York and Atlanta, as well as from the Georgia Resource Center, affiliated with the Georgia State University College of Law. Relying on 42 U.S.C. § 1983, the complaint alleged that the prisoner's Fifth, Eighth and Fourtee…

On April 20, 2007, attorneys representing a Georgia state prisoner awaiting imposition of his death sentence filed a civil complaint on his behalf in the U.S. District Court for the Northern District of Georgia. Plaintiff's counsel included attorneys from private firms in New York and Atlanta, as well as from the Georgia Resource Center, affiliated with the Georgia State University College of Law. Relying on 42 U.S.C. § 1983, the complaint alleged that the prisoner's Fifth, Eighth and Fourteenth Amendment rights would be violated by the method of execution used by the state. The complaint named, as defendants, two Georgia correctional officials, as well as listing fifty unknown executioners as "John Does." Plaintiff sought equitable and injunctive relief to restrain state officials from carrying out his execution until they had reasonably minimized the unnecessary risk of pain, suffering, and mutilation which allegedly resulted from the state's present execution method (utilizing injections of a barbiturate anesthetic, a neuromuscular blocking drug, and potassium chloride). Plaintiff's complaint stated that exhaustion of administrative remedies was not required for the type of prospective harm and relief involved in his case but, nonetheless, he had unsuccessfully made attempts through available prison grievance avenues to seek relief. He alleged that the execution process used by Georgia resulted in cruel and unusual punishment, in deliberate indifference to his health, safety, and serious medical needs, and was the product of arbitrary and capricious state conduct. Plaintiff also sought an award of attorney's fees and costs. Attached, as an exhibit, to the complaint was a copy of Georgia's written execution procedures.

The state defendants did not file an answer to the complaint but, instead, filed a motion to dismiss and supporting brief. The state contended that 42 U.S.C. § 1997(e), the Prison Litigation Reform Act ("PLRA"), required plaintiff to exhaust his administrative remedies, which he had not done. The state noted a recent federal case in Kentucky had required administrative remedy exhaustion in similar circumstances.

Over the next month, the parties exchanged pleadings and correspondence disputing whether the PLRA applied to plaintiff's circumstances and whether his efforts amounted to exhaustion of remedies. A June 15, 2007, response filed by the state included a copy of the state's newly-revised execution procedures, adopted on June 7, 2007.

No currently available information reflects additional action in this case. Many of the plaintiff's contentions, however, may have been undercut by the U.S. Supreme Court's April 16, 2008, decision in Baze v. Reeves, 128 S. Ct. 1520 (2008) (John G. Roberts, Jr., Chief Justice) (Kentucky's three-drug execution protocol did not constitute cruel and unusual punishment).

Summary Authors

Mike Fagan (6/3/2008)

People


Attorney for Plaintiff

Dunn, Thomas (Georgia)

Edgecombe, Jason Richard (Georgia)

Hoffmann , William E. Jr. (Georgia)

Piazza , Therese (Georgia)

Attorney for Defendant

Drolit , Joseph (Georgia)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

1:07-cv-00896

Docket (PACER)

June 15, 2007

June 15, 2007

Docket
1

1:07-cv-00896

Complaint and Attachments

April 20, 2007

April 20, 2007

Complaint
13-2

1:07-cv-00896

Defendant's Brief in Support of Pre-Answer Motion to Dismiss

May 21, 2007

May 21, 2007

Pleading / Motion / Brief
16

1:07-cv-00896

Plaintiff's Response to Motion to Dismiss

May 31, 2007

May 31, 2007

Pleading / Motion / Brief
19

1:07-cv-00896

Plaintiff's Request for Oral Argument

June 8, 2007

June 8, 2007

Pleading / Motion / Brief
18

1:07-cv-00896

Defendant's Reply to Response to Motion to Dismiss

June 8, 2007

June 8, 2007

Pleading / Motion / Brief

1:07-cv-00896

[Discovery motion]

No Court

June 13, 2007

June 13, 2007

Pleading / Motion / Brief
20

1:07-cv-00896

Defendant's Response

June 13, 2007

June 13, 2007

Pleading / Motion / Brief
22

1:07-cv-00896

Defendant's Response

June 15, 2007

June 15, 2007

Pleading / Motion / Brief

Docket

Last updated Feb. 19, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Injunctive Relief and Declaratory Judgment filed by Jack E. Alderman. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Civil Cover Sheet)(epm) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 04/24/2007)

April 20, 2007

April 20, 2007

2

MOTION for Leave to Proceed In Forma Pauperis by Jack E. Alderman. (Attachments: # 1 Exhibit A)(epm) (Entered: 04/24/2007)

April 20, 2007

April 20, 2007

3

APPLICATION for the Admission of James M. Ringer Pro Hac Vice for Jack E. Alderman. Filing Fee received $150.00, Receipt #564071. (Attachments: # 1 Text of Proposed Order) (TO BBM)(aaq) (Entered: 04/25/2007)

April 20, 2007

April 20, 2007

4

APPLICATION for the Admission of Elizabeth K. Quinn Pro Hac Vice for Jack E. Alderman. Filing Fee received $150.00, Receipt #564071. (Attachments: # 1 Text of Proposed Order) (TO BBM)(aaq) (Entered: 04/25/2007)

April 20, 2007

April 20, 2007

5

APPLICATION for the Admission of Michael A. Siem Pro Hac Vice for Jack E. Alderman. Filing Fee received $150.00, Receipt #564071. (Attachments: # 1 Text of Proposed Order) (TO BBM)(aaq) Modified on 4/25/2007 to edit file date. (aaq). (Entered: 04/25/2007)

April 20, 2007

April 20, 2007

Submission of 2 MOTION for Leave to Proceed In Forma Pauperis, submitted to Magistrate Judge Russell G. Vineyard. (epm) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

6

ORDER approving the 4 Application for Admission Pro Hac Vice signed by Judge Beverly B. Martin on 04/27/07. (aaq) (Entered: 04/27/2007)

April 27, 2007

April 27, 2007

7

ORDER approving the 5 Application for Admission Pro Hac Vice signed by Judge Beverly B. Martin on 04/27/07. (aaq) (Entered: 04/27/2007)

April 27, 2007

April 27, 2007

8

ORDER approving the 3 Application for Admission Pro Hac Vice signed by Judge Beverly B. Martin on 04/27/07. (aaq) (Entered: 04/27/2007)

April 27, 2007

April 27, 2007

Filing fee received from plaintiff, $ 350.00, receipt number 564305. (aaq) (Entered: 04/30/2007)

April 27, 2007

April 27, 2007

9

Summons Issued as to Jame E. Donald and Hilton Hall. (aaq) (Entered: 04/30/2007)

April 27, 2007

April 27, 2007

10

Return of Service Executed by Jack E. Alderman. Jame E. Donald served on 4/30/2007, answer due 5/21/2007. (Edgecombe, Jason) (Entered: 05/09/2007)

May 9, 2007

May 9, 2007

11

Return of Service Executed by Jack E. Alderman. Hilton Hall served on 4/30/2007, answer due 5/21/2007. (Edgecombe, Jason) (Entered: 05/09/2007)

May 9, 2007

May 9, 2007

12

ORDER DENYING as Moot 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Russell G. Vineyard on 5/10/2007. (cdg) (Entered: 05/15/2007)

May 10, 2007

May 10, 2007

13

MOTION to Dismiss with Brief In Support by Jame E. Donald, Hilton Hall. (Attachments: # 1 Brief in Support of Their Pre-Answer Motion to Dismiss# 2 Exhibit A-Affidavit of John T Harper)(Snelling, Eddie) (Entered: 05/21/2007)

May 21, 2007

May 21, 2007

14

NOTICE OF FILING Service of Discovery by Jack E. Alderman. (Edgecombe, Jason) Modified on 5/23/2007 to edit event. (aaq). (Entered: 05/22/2007)

May 22, 2007

May 22, 2007

15

PRELIMINARY REPORT AND DISCOVERY PLAN filed by Jack E. Alderman. (Edgecombe, Jason) (Entered: 05/30/2007)

May 30, 2007

May 30, 2007

16

RESPONSE in Opposition re 13 MOTION to Dismiss filed by Jack E. Alderman. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Edgecombe, Jason) (Entered: 05/31/2007)

May 31, 2007

May 31, 2007

17

Initial Disclosures by Jack E. Alderman.(Siem, Michael) (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

Submission of the 13 MOTION to Dismiss to District Judge Beverly B. Martin. (aaq) (Entered: 06/07/2007)

June 7, 2007

June 7, 2007

18

REPLY to Response to Motion re 13 MOTION to Dismiss filed by Jame E. Donald, Hilton Hall, Does 1-50, Unknown Executioners. (Snelling, Eddie) (Entered: 06/08/2007)

June 8, 2007

June 8, 2007

19

MOTION for Oral Argument re 16 Response in Opposition to Motion, 13 MOTION to Dismiss, 18 Reply to Response to Motion by Jack E. Alderman. (Edgecombe, Jason) (Entered: 06/08/2007)

June 8, 2007

June 8, 2007

20

RESPONSE re 19 MOTION for Oral Argument re 16 Response in Opposition to Motion, 13 MOTION to Dismiss, 18 Reply to Response to Motion filed by Jame E. Donald, Hilton Hall, Does 1-50, Unknown Executioners. (Snelling, Eddie) (Entered: 06/13/2007)

June 13, 2007

June 13, 2007

21

NOTICE Of Filing Correspondence to Court by Jack E. Alderman (Attachments: # 1 Letter to Court# 2 Exhibit Ex. A# 3 Exhibit Ex. B) (Edgecombe, Jason) (Entered: 06/13/2007)

June 13, 2007

June 13, 2007

22

RESPONSE re 21 Notice of Filing filed by Jame E. Donald, Hilton Hall, Does 1-50, Unknown Executioners. (Attachments: # 1 Lethal Injection Procedure)(Snelling, Eddie) (Entered: 06/15/2007)

June 15, 2007

June 15, 2007

Case Details

State / Territory: Georgia

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 20, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Death-sentenced prisoner in Georgia who challenges the manner of his execution

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Georgia Department of Corrections , State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Unknown

Source of Relief:

Unknown

Issues

Death Penalty:

Lethal Injection - Chemicals Used

Lethal Injection - General