Becker v. Fannin County, Georgia et al
| Mary Becker |
| Fannin County, Georgia, George Ensley, Gregory A. Newman, Randy Epperson, John Arp, Zeke Watkins, Georgia Mountains Health Services, Inc., Carol Davenport, Roger Pulliam, Janella Verner, Earl Lamar Mashburn and Gail Mercer |
| 2:2009cv00047 |
| March 31, 2009 |
| US District Court for the Northern District of Georgia |
| Gainesville Office |
| Fannin |
| Story |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Both |
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Filing
317
ORDER ADOPTING the Magistrate Judge's 306 Report and Recommendations with three exceptions. Defendants' 248 Motion for Summary Judgment and 250 Motion for Summary Judgment are GRANTED in part and DENIED in part. The Court GRANTS sum mary judgment to, and DISMISSES from this action, the following Defendants: Fannin County; Fannin County Sheriff Dane Kirby; former Fannin County Sheriff George Ensley; Fannin County Jail Shift Supervisors Sergeants Holly Phillips and Janella Verner; Fannin County Jail Officers Mitchell Mason, Chad Ensley, John Arp, and Earl Mashburn; Fannin County Road Deputies Marc White and Larry Davenport; and Fannin County EMTs Zeke Watkins and Randy Epperson. ( The state-law claims against all individual D efendants except Sheriff Kirby and the EMTs are DISMISSED without prejudice; all of the remaing claims against these thirteen Defendants are DISMISSED with prejudice, including state-law claims against Sheriff Kirby and the EMTs). With respect to Fa nnin County Jail Captain Greg Newman, the Court GRANTS partial summary judgment on Plaintiffs federal claims against him in his official capacity and in his individual supervisory capacity; otherwise DENIES summary judgment on Plaintiffs federal cla ims against him in his individual capacity; and DENIES summary judgment on Plaintiffs state-law claims. With respect to Fannin County Jail Shift Supervisors Sergeants Carol Davenport and Jillian Bailey, and Fannin County Jail Officers Roger Pulliam a nd Joe Raper, the Court GRANTS partial summary judgment on Plaintiffs federal claims against them in their official capacities; DENIES summary judgment on Plaintiffs federal claims against them in their individual capacities; and DENIES summary judgment on Plaintiff's state-law claims. Signed by Judge Richard W. Story on 09/29/14. (sk)
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Filing
207
ORDER APPROVING 204 Report and Recommendations with the additional findings as the Order and Opinion of this Court. The United States' 188 Motion to Set Aside Substitution of the United States for Gayle Mercer and Georgia Mountains Health Se rvices, Inc.; to dismiss the United States and FTCA claims against it; and to permit Plaintiff to revive her tort claims against Gayle Mercer and Georgia Mountains Health Services, Inc. is GRANTED; Plaintiffs 190 Motion for Leave to File Fourth Ame nded Complaint Reinstating Gayle Mercer and Georgia Mountains Health Services as Defendants is GRANTED; the United States is DISMISSED from this action; Plaintiffs [190-1] Fourth Amended Complaint shall be docketed by the Clerk as the operative compl aint in this action; and Ms. Mercer and GMHS are REINSTATED as Defendants in this action, via Plaintiffs Fourth Amended Complaint; and Defendant Mercer and GMHS are ORDERED to respond to the Fourth Amended Complaint within twenty-one (21) days of the entry of this Order. Signed by Judge Richard W. Story on 7/31/2012.(vld)
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Filing
120
ORDER GRANTING 63 Notice of Substitution of United States of America for Defendants GMHS and Gail Mercer and 65 Motion to Dismiss all claims against GMHS and Gail Merer. Plaintiff's 71 Motion to Lift Emergency Stay is DENIED. Plaintiff&# 039;s 72 Motion for leave to amend complaint and 108 Motion for Leave to File Second Amended Complaint is DENIED AS MOOT. Plaintiff's 110 Amended Motion for Leave to File a Second Amended Complaint is GRANTED IN PART and DENIED IN PART. To the extent that Plaintiff seeks to amend its Complaint to add the Defendants set forth in its Motion 110 , the Motion is GRANTED. To the extent that Plaintiff seeks to amend its Complaint to allege new or additional causes of action against GMHS or Mercer it is DENIED. Signed by Judge Richard W. Story on 03/29/10. (sk)
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