104 results for 'court:"USDC Middle District of Georgia"'.
J. Treadwell partially grants the state troopers' motion for judgment on the pleadings in a civil rights, battery and emotional distress action brought by an individual alleging that they used excessive force by performing a PIT maneuver to stop a vehicle in which he was a passenger. The car hit a guardrail and flipped. The troopers later sat the individual on the ground, where he was hit with broken glass and debris when another vehicle struck one of the troopers' patrol cars. The troopers are entitled to qualified immunity because the decision to end the high-speed chase with the PIT maneuver was objectively reasonable. There is no clearly established law that would have informed the troopers that their conduct violated the Constitution.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: September 28, 2023, Case #: 5:23cv117, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Sands partially grants the sheriff's deputies' motion for summary judgment with respect to the administratrix's civil rights claims in an action arising from the decedent's death after being repeatedly stunned with a Taser. The deputies' use of force against the decedent was not excessive because the decedent charged at one deputy, hit that deputy in the face and caused another deputy's knee to become injured in the struggle. However, the motion is denied with respect to the administratrix's claims alleging violations of the Fourteenth Amendment and the Georgia Constitution. The decedent was unconscious when he was put in the back of a patrol car and a reasonable jury could find that the decedent had a serious medical need which was ignored by the deputies.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: September 27, 2023, Case #: 7:21cv40, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Sands rules in favor of PepsiCo in a conversion and conspiracy action brought by the individual alleging that the company used his trailer without authorization when an employee mistook the trailer for an identical one he was supposed to pick up. No cause of action exists under Georgia law for the individual's claim for leasehold interest. The individual's conversion claim fails because he cannot show that PepsiCo refused to return the trailer or that the taking and returning of the trailer caused him financial harm.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: September 25, 2023, Case #: 7:22cv43, NOS: Other Fraud - Torts - Personal Property, Categories: Conversion
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J. Hyles recommends that the department's and individual's motions to dismiss the grandfather's civil rights action be granted and that the grandfather's preliminary injunction motion seeking to be reunited with his granddaughter be denied. The action arose after the department placed the granddaughter with an allegedly abusive foster parent, refused to allow the grandfather to communicate with her and failed to file reports as to the alleged sexual abuse of the granddaughter. The grandfather failed to effect service on the department or the individual and the claims are barred by the statute of limitations.
Court: USDC Middle District of Georgia, Judge: Hyles, Filed On: September 22, 2023, Case #: 3:23cv22, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction
J. Treadwell finds in favor of the individuals in a conspiracy, defamation and false light invasion of privacy action brought by the TikTok influencer arising after the individuals made social media posts questioning her domestic abuse advocacy nonprofit's website. The individuals made posts saying that the website was not secure and alleging that the influencer was a "con-artist" who "doxed" people who visited the site. The website lacked an SSL certificate and was marked unsecure by a browser bar warning. The influencer also admitted to posting the IP address of a visitor to social media and the individuals' opinions are not defamatory per se. The influencer is a limited-purpose public figure and there is no evidence that the individuals entertained doubt as to the truth of statements questioning her acceptance of a $40 donation via a Change.org petition.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: September 21, 2023, Case #: 5:22cv91, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Privacy
J. Sands partially grants the contractor's and insurer's motion for summary judgment in a breach of contract action brought by the subcontractor alleging violations of the Miller Act and the North Carolina Prompt Payment Act arising from a federal construction project in the Great Dismal Swamp National Wildlife Refuge. The subcontractor failed to show that the contractor breached the agreement by failing to grant change orders. However, there is a dispute of fact as to whether the contractor was entitled to terminate the subcontractor from the agreement. The subcontractor's motion for summary judgment is granted as to the contractor's and insurer's counterclaim for anticipatory repudiation. The subcontractor's motion is denied with respect to its Miller Act claim.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: September 18, 2023, Case #: 7:20cv255, NOS: Miller Act - Contract, Categories: Contract
J. Sands denies the company's motion to exclude the medical examiner's Taser-related medical causation opinions in a civil rights and product liability action brought by the estate administratrix arising from the decedent's death. The medical examiner concluded that the decedent died from excited delirium and that pain from Taser deployments contributed to his death. The medical examiner is familiar with the effect Tasers can have on the human body and had sufficient basis to opine that the Taser deployments caused the decedent pain. The medical examiner's testimony could help the jury understand whether the Taser deployments contributed to the decedent's death.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: September 15, 2023, Case #: 7:21cv40, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Product Liability, Experts
J. Royal rules in favor of the insurer in a declaratory judgment action against the estate special administrator seeking to determine its payment obligations related to a $750,000 consent judgment entered into by its insured in an underlying wrongful death case. A third-party insurer's $900,000 settlement payment satisfied the $750,000 regulatory minimum, therefore the insurer is not obligated to pay any portion of the consent judgment against the insured under the terms of an endorsement in the policy.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: September 14, 2023, Case #: 3:22cv6, NOS: Insurance - Contract, Categories: Insurance
J. Treadwell finds in favor of the employer in a race discrimination and retaliation action brought by the employee arising after she was laid off. The employee, a Black woman, abandoned her failure to train and unequal pay raise claims. The employee failed to show that the employer intended to discriminate against her or refused to consider retaining her due to her race. The employee also failed to show that the employer's non-discriminatory reason for laying her off due to financial problems was pretextual.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: September 13, 2023, Case #: 5:21cv52, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Treadwell finds in favor of the prison doctors in a civil rights action brought by the inmate alleging that the doctors were deliberately indifferent to his medical needs and failed to timely diagnose his osteomyelitis, leading to a below-the-knee amputation of his leg. Although the doctors had a difference of opinion about the proper course of care for the inmate, no reasonable jury could find that they disregarded the risk of serious harm to the inmate presented by his bleeding toe ulcer. The doctors are entitled to qualified immunity.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: September 13, 2023, Case #: 5:20cv195, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Prisoners' Rights
J. Royal finds in favor of the employer in a race discrimination and retaliation action brought by the former employee. The employee, a Black man, alleged that the employer unfairly fired him after reporting that a fellow employee called him the n-word. The altercation was an isolated incident and there is no additional evidence of harassment based on the employee's race. The employee failed to show that the employer's non-discriminatory reason for firing him due to his failure to show up for a mandatory Saturday workday was pretextual. The employee failed to show that the employer had 15 or more employees and qualified as an employer under Title VII.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: September 13, 2023, Case #: 3:21cv102, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Land partially grants a company's pre-trial motion to exclude certain settlement communications in a breach of contract action against a former employee. The employee may not introduce the post-preliminary injunction takedown communications. The company's motions regarding exclusion of the fifth amended agreement and evidence related to quantum meruit damages are also granted. The agreement is not relevant to any remaining issues in the case. The employee's motion to exclude testimony from a certified public accountant on the company's damages is denied.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: September 6, 2023, Case #: 4:21cv95, NOS: Other Contract - Contract, Categories: Experts, Discovery, Contract
J. Royal grants the city's motion to partially dismiss a civil rights and employment discrimination action brought by the employee. The employee, a Black woman, claimed she was discriminated against based on her race and unfairly fired. The employee's claims against the directors and Title VII disparate impact, hostile work environment and civil rights claims against the city are dismissed. The civil rights claims are barred by the two-year statute of limitations. The employee failed to allege pervasive harassment existed which altered the conditions of her employment and failed to identify any city policy which had a significant adverse effect on a protected group. The employee's claims for Title VII disparate treatment race discrimination and retaliation may move forward.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: September 1, 2023, Case #: 3:22cv82, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Land refuses to find in favor of the medical alert company on the son's negligence action alleging violations of Georgia's Fair Business Practices Act and Unfair and Deceptive Practices Towards the Elderly Act. The action arose after the company's emergency response system operator failed to tell a local 911 service that the mother's doors were locked and failed to convey that she had lost contact with the mother. Emergency treatment was delayed as a result and the mother went into cardiac arrest and died three days later. Genuine issues of fact exist as to whether the company offered its medical alert systems for sale to the general public and whether it made false representations about its system which contributed to the mother's death.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: August 29, 2023, Case #: 4:21cv71, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Business Practices
J. Sands denies the truck driver's and employer's motion to partially dismiss an intervenor's complaint in the maintenance worker's negligence action arising from injuries he suffered in a vehicle collision and fall. The Georgia Department of Administrative Service is dismissed as a party to the action. The department intervened as a plaintiff but the court lacks subject matter jurisdiction over the department's claims. The department is not a citizen for the purpose of federal diversity jurisdiction because it has Eleventh Amendment immunity as an arm of the state.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: August 28, 2023, Case #: 7:20cv253, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence, Jurisdiction
J. Treadwell grants the bank's motion to dismiss an unfair debt collection action brought by the borrower alleging that the bank and the recovery company unlawfully repossessed his vehicle. The sales contract was assigned to the bank and the bank is not a debt collector, therefore the borrower failed to state a claim under the Fair Debt Collection Practice Act. Since the recovery company failed to respond, the borrower's motion to amend is partially granted with respect to his wish to allege unfair debt collection and conversion claims against it. The borrower can also amend his complaint to allege a conversion claim against the car company. However, the motion is denied as futile with respect to the borrower's request to amend the complaint to allege claims against the bank for fraud, breach of fiduciary duty and violations of the Georgia Fair Business Practice Act.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: August 24, 2023, Case #: 5:22cv458, NOS: Truth in Lending - Torts - Personal Property, Categories: Debt Collection, Business Practices
J. Lawson denies the home health care and hospice company's motion to dismiss an action brought by the relator under the False Claims Act and Anti-Kickback statute. The relator claims the company, which operates more than 300 home health care agencies across the nation, admitted ineligible patients for care and billed Medicare for excessive or medically unnecessary services. The relator also alleges the company compensated a doctor for falsifying patient certification forms and fired her for voicing concerns. The relator alleged sufficient facts to support the claims that the company and its subsidiary submitted false claims for payment.
Court: USDC Middle District of Georgia, Judge: Lawson, Filed On: August 23, 2023, Case #: 7:21cv17, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Medicare, False Claims
J. Royal grants the city's and officials' motion to dismiss a civil rights action brought by the individual alleging that she was wrongfully arrested after getting caught in a city park after dark. The individual was not charged with any crime and the officer let her go when her father arrived to pick her up. The officer had arguable probable cause to arrest the individual for obstructing his investigation of suspected criminal activity in the park and is therefore entitled to qualified immunity. The individual failed to allege that any unconstitutional policy or custom of the city's caused the alleged violation of her rights.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: August 9, 2023, Case #: 3:22cv109, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Land finds in favor of the private Christian school in a race and disability discrimination action brought by a mother on behalf of her son arising after he was dismissed from the school. The son, who is Black and has been diagnosed with autism and ADHD, was considered withdrawn from the school after the headmaster refused to agree to a therapy plan to return the son to in-person classes. The mother failed to show that the son was qualified to return to the school even with the requested accommodations. The mother failed to show that white students were treated less harshly than the son or that their misconduct was materially similar to the son's. The school's reasons for dismissing the son based on his continued behavioral problems and history of property destruction were not pretextual.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: August 7, 2023, Case #: 4:21cv205, NOS: Education - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Education
J. Treadwell finds in favor of the Department of Juvenile Justice employees in a civil rights action brought by an individual alleging that they violated his Fourteenth Amendment rights by failing to prevent a fellow juvenile detainee from assaulting him. The employees are entitled to qualified immunity. There is no evidence that detainees in the individual's unit faced a substantial risk of serious harm just by being housed with other detainees from a different city. Incidents of violence driven by the rivalry between detainees of the two cities were too infrequent to make the unit a violent place. The individual also failed to show that the employees were deliberately indifferent to any risk of serious harm.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: August 3, 2023, Case #: 5:21cv31, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Self finds in favor of the employer in a civil rights, emotional distress and breach of contract action brought by the Christian ex-employee alleging religious-based discrimination. The employee was fired for insubordination after refusing to follow the employer's Covid-19 vaccination policy. The doctor who founded the employer is not an employee subject to the employer's control, therefore the employer does not meet the Title VII definition of "employer" because it did not have 15 or more employees per working day. The employer cannot be held liable under Title VII.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: August 2, 2023, Case #: 3:22cv75, NOS: Employment - Civil Rights, Categories: Civil Rights, Covid-19, Employment Discrimination
J. Treadwell grants the government's motion to dismiss the companies' action under the Administrative Procedures Act alleging that the government failed to fund their applications for relief under the Restaurant Revitalization Fund because their owner was a woman. The government stopped processing applications it originally prioritized for claims by women, veterans and disadvantaged people after two lawsuits challenged the constitutionality of the practice. The fund has no money remaining for new awards and expired in March 2023, therefore the companies' requested relief is moot.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: July 20, 2023, Case #: 5:21cv221, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Government, Covid-19
J. Land grants the government's motion to dismiss the individual's action under the Administrative Procedure Act and Federal Tort Claims Act alleging that the U.S. Patent and Trademark Office improperly denied her two patent applications and deemed the applications abandoned. The individual claims to be the true inventor of Huggies "Pull-Ups" diapers. The individual failed to exhaust her administrative remedies and her claims under the Administrative Procedure Act are barred by collateral estoppel.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: July 20, 2023, Case #: 3:22cv83, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Self grants the department's motion for judgment on the pleadings as to claims for violations of the Eighth and Fourteenth Amendments in a civil rights and negligence action brought by the mother. The action arose out of the son's death by suicide in solitary confinement in prison. The mother failed to sufficiently allege that two prison staff members had subjective knowledge of the son's suicidal tendencies or high suicide risk. The mother also failed to allege how the officer-in-charge was deliberately indifferent to the son or how her knowledge of insufficient staffing in the prison created a strong likelihood that the son would self-harm. The action is remanded to the superior court.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: June 30, 2023, Case #: 5:23cv139, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Prisoners' Rights
J. Royal grants the business owner's motion to dismiss an action brought by the residents seeking damages and injunctive relief for alleged Clean Water Act violations arising from an agreement to transport excavated red clay from a Meta project site to another property. The residents alleged that the actions resulted in red clay-polluted storm water discharge into their ponds. The residents failed to state a viable claim against the business owner. Their motion to amend the action is partially granted as to the Clean Water Act claims because they sufficiently alleged an ongoing violation.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: June 30, 2023, Case #: 3:22cv72, NOS: Environmental Matters - Other Suits, Categories: Environment