16 results for 'judge:"Sands"'.
J. Sands partially grants the police sergeant's and deputy's motion to dismiss a civil rights and negligence action brought by the individual after he was told he would be arrested for trespassing if he continued holding a sign outside the Georgia Department of Economic Development reading "God Bless Homeless Veterans." The individual improperly used sheriff's deputies from the same sheriff's office as the sergeant and deputy to serve them. The individual is ordered to timely serve the officers within 21 days.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: May 7, 2024, Case #: 7:23cv120, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Sands orders defendants to produce their embezzlement/employee dishonor claims that exceed $100,000 and were submitted to defendants from Jan. 1, 2013, to Dec. 31, 2023.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: March 29, 2024, Case #: 7:22cv52, NOS: Insurance - Contract, Categories: Insurance
J. Sands grants plaintiff insurance companies’’ motion for summary judgment in their suit against a local pharmacy distributor in Tifton, Georgia, that was named as a defendant in 26 opioid lawsuits. The companies provide that the economic losses sought in the underlying opioid lawsuits are precluded by their policies.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: March 27, 2024, Case #: 7:22cv113, NOS: Insurance - Contract, Categories: Insurance
J. Sands grants the officials' motion to dismiss the individual's civil rights, fraud and emotional distress action arising after deputies allegedly repeatedly shot and raped the individual. The individual also claimed that officials conspired to falsify his paternity records. The action and the individual's proposed amended complaints are improper shotgun pleadings that do not clearly indicate which claims are directed at which parties. The allegations in the complaint are "delusional or frivolous." The individual also failed to perfect service on the officials.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: February 13, 2024, Case #: 7:22cv112, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
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J. Sands denies the siblings' motion to compel deposition testimony in a civil rights action against the police officers arising after a warrantless search of the siblings' home during which they allegedly suffered physical and emotional injuries. The siblings seek disclosure of an unidentified witness's name and contact information. The officers have an interest in not disclosing the identity of the witness, who provided the officers with a tip about an unusual amount of activity in and out of the siblings' home, in light of the brother's own testimony about his violent history. Any testimony the witness could provide would be duplicative of the information already provided by the officer.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: January 2, 2024, Case #: 7:22cv66, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery
J. Sands partially refuses to rule in favor of the Taser manufacturer in a civil rights and product liability action brought by the estate administratrix arising from the decedent's death from "excited delirium" after deputies shocked him with Tasers multiple times. The manufacturer's motion for summary judgment is denied with respect to the strict products liability claim based on a failure to warn theory because a reasonable jury could find that the manufacturer's warnings were insufficient. An issue of fact also exists as to whether the Taser caused the decedent's death. However, the manufacturer's motion is granted with respect to the claim for strict products liability based on a design defect theory because there is no issue of fact as to whether the Taser was an inherently dangerous product.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: October 31, 2023, Case #: 7:21cv40, NOS: Other Civil Rights - Civil Rights, Categories: Product Liability
J. Sands partially grants the developer's motion and severs two state law claims from its mandamus action against the county challenging a re-zoning decision. The two claims appealing the zoning decision and seeking mandamus against the board members are remanded to Lowndes County superior court. The claims do not raise a substantial federal issue.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: October 20, 2023, Case #: 7:23cv39, NOS: Other Civil Rights - Civil Rights, Categories: Zoning
J. Sands denies the truck driver's and motor carrier's motion to exclude testimony from an accident reconstructionist in a negligence action brought by a couple arising from injuries the husband suffered in a fall when the truck driver hit a utility boom truck. The reconstructionist is qualified to testify based on his participation in more than 1,000 accident reconstructions, status as president of a company which reconstructs car crashes and other factors. The reconstructionist is not attempting to provide opinions on human factors like whether the truck driver should have recognized the utility truck.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: October 6, 2023, Case #: 7:20cv253, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence, Experts
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
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. 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