Inniss et al v. Aderhold et al

Filing 1

COMPLAINT filed by Avery Chandler, Christopher Inniss, Johnny Shane Thomas, Michael Bishop, Rayshawn Chandler, Shelton Stroman and Jennifer Sisson. ( Filing fee $ 400.00 receipt number 113E-5144522.) (Attachments: # 1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form.

CIVIL COVER SHEET

JS44 (Rev. 1/13 NDGA)

The JS44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form is required for the use of the Clerk of Court for the purpose of initiating the civil docket record. (SEE INSTRUCTIONS ATTACHED)

I. (a) PLAINTIFF(S)

DEFENDANT(S)
DEBORAH ADERHOLD, in her official capacity as State Registrar and
Director of Vital Records; BROOK DAVIDSON, in her official capacity as
Clerk of Gwinnett County Probate Court; and the Honorable Judge
PINKIE TOOMER, in her official capacity as Judge of Fulton County
Probate Court.

CHRISTOPHER INNISS and SHELTON STROMAN;
RAYSHAWN CHANDLER and AVERY CHANDLER; MICHAEL
BISHOP and JOHNNY SHANE THOMAS; and JENNIFER
SISSON, on behalf of themselves and all others similarly situated.

(b) COUNTY OF RESIDENCE OF FIRST LISTED

COUNTY OF RESIDENCE OF FIRST LISTED
DEFENDANT

PLAINTIFF Gwinnett County
(EXCEPT IN U.S. PLAINTIFF CASES)

(IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF
LAND INVOLVED

(c) ATTORNEYS (FIRM NAME, ADDRESS, TELEPHONE NUMBER, AND

ATTORNEYS

(IF KNOWN)

E-MAIL ADDRESS)

See Attachment A.

II. BASIS OF JURISDICTION

III. CITIZENSHIP OF PRINCIPAL PARTIES

(PLACE AN “X” IN ONE BOX ONLY)

(PLACE AN “X” IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT)
(FOR DIVERSITY CASES ONLY)
PLF

1 U.S. GOVERNMENT
PLAINTIFF

s

DEF

PLF

DEF

1

1

CITIZEN OF THIS STATE

4

4

INCORPORATED OR PRINCIPAL
PLACE OF BUSINESS IN THIS STATE

4 DIVERSITY
(INDICATE CITIZENSHIP OF PARTIES
IN ITEM III)

2

2

CITIZEN OF ANOTHER STATE

5

5

INCORPORATED AND PRINCIPAL
PLACE OF BUSINESS IN ANOTHER
STATE

3

2 U.S. GOVERNMENT
DEFENDANT

3 FEDERAL QUESTION
(U.S. GOVERNMENT NOT A PARTY)

3

CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY

6

6

FOREIGN NATION

IV. ORIGIN

(PLACE AN “X “IN ONE BOX ONLY)

s1 ORIGINAL
PROCEEDING

2 REMOVED FROM
STATE COURT

3 REMANDED FROM
APPELLATE COURT

4 REINSTATED OR
REOPENED

TRANSFERRED FROM
5 ANOTHER DISTRICT
(Specify District)

6 MULTIDISTRICT
LITIGATION

APPEAL TO DISTRICT JUDGE
7 FROM MAGISTRATE JUDGE
JUDGMENT

V. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE - DO NOT CITE
JURISDICTIONAL STATUTES UNLESS DIVERSITY)

42 U.S.C. § 1983, for a violation of the Fourteenth Amendment to the U.S. Constitution.

(IF COMPLEX, CHECK REASON BELOW)
1. Unusually large number of parties.

6. Problems locating or preserving evidence

2. Unusually large number of claims or defenses.

7. Pending parallel investigations or actions by government.

3. Factual issues are exceptionally complex

8. Multiple use of experts.

4. Greater than normal volume of evidence.

9. Need for discovery outside United States boundaries.

5. Extended discovery period is needed.

10. Existence of highly technical issues and proof.

CONTINUED ON REVERSE
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT $

JUDGE

APPLYING IFP

MAG. JUDGE

NATURE OF SUIT
(Referral)

MAG. JUDGE (IFP)
CAUSE OF ACTION

_

VI. NATURE OF SUIT (PLACE AN “X” IN ONE BOX ONLY)
CONTRACT - "0" MONTHS DISCOVERY TRACK

CIVIL RIGHTS - "4" MONTHS DISCOVERY TRACK

150 RECOVERY OF OVERPAYMENT &
ENFORCEMENT OF JUDGMENT
152 RECOVERY OF DEFAULTED STUDENT
LOANS (Excl. Veterans)
153 RECOVERY OF OVERPAYMENT OF
VETERAN'S BENEFITS

441 VOTING
442 EMPLOYMENT
443 HOUSING/ ACCOMMODATIONS
444 WELFARE
s 440 OTHER CIVIL RIGHTS
445 AMERICANS with DISABILITIES - Employment
446 AMERICANS with DISABILITIES - Other
448 EDUCATION

CONTRACT - "4" MONTHS DISCOVERY TRACK
110 INSURANCE
120 MARINE
130 MILLER ACT
140 NEGOTIABLE INSTRUMENT
151 MEDICARE ACT
160 STOCKHOLDERS' SUITS
190 OTHER CONTRACT
195 CONTRACT PRODUCT LIABILITY
196 FRANCHISE

FEDERAL TAX SUITS - "4" MONTHS DISCOVERY
TRACK

462 NATURALIZATION APPLICATION
465 OTHER IMMIGRATION ACTIONS

870 TAXES (U.S. Plaintiff or Defendant)
871 IRS - THIRD PARTY 26 USC 7609

PRISONER PETITIONS - "0" MONTHS DISCOVERY
TRACK

375 FALSE CLAIMS ACT
400 STATE REAPPORTIONMENT
430 BANKS AND BANKING
450 COMMERCE/ICC RATES/ETC.
460 DEPORTATION
470 RACKETEER INFLUENCED AND CORRUPT
ORGANIZATIONS
480 CONSUMER CREDIT
490 CABLE/SATELLITE TV
891 AGRICULTURAL ACTS
893 ENVIRONMENTAL MATTERS
895 FREEDOM OF INFORMATION ACT
950 CONSTITUTIONALITY OF STATE STATUTES
890 OTHER STATUTORY ACTIONS
899 ADMINISTRATIVE PROCEDURES ACT /
REVIEW OR APPEAL OF AGENCY DECISION

PRISONER PETITIONS - "4" MONTHS DISCOVERY
TRACK
550 CIVIL RIGHTS - Filed by Counsel
555 PRISON CONDITION(S) - Filed by Counsel

FORFEITURE/PENALTY - "4" MONTHS DISCOVERY
TRACK
625 DRUG RELATED SEIZURE OF PROPERTY
21 USC 881
690 OTHER

OTHER STATUTES - "8" MONTHS DISCOVERY
TRACK
410 ANTITRUST
850 SECURITIES / COMMODITIES / EXCHANGE

OTHER STATUTES - “0" MONTHS DISCOVERY
TRACK

LABOR - "4" MONTHS DISCOVERY TRACK
710 FAIR LABOR STANDARDS ACT
720 LABOR/MGMT. RELATIONS
740 RAILWAY LABOR ACT
751 FAMILY and MEDICAL LEAVE ACT
790 OTHER LABOR LITIGATION
791 EMPL. RET. INC. SECURITY ACT

896 ARBITRATION
(Confirm / Vacate / Order / Modify)

PROPERTY RIGHTS - "4" MONTHS DISCOVERY TRACK
820 COPYRIGHTS
840 TRADEMARK

TORTS - PERSONAL PROPERTY - "4" MONTHS
DISCOVERY TRACK
370 OTHER FRAUD
371 TRUTH IN LENDING
380 OTHER PERSONAL PROPERTY DAMAGE
385 PROPERTY DAMAGE PRODUCT LIABILITY

OTHER STATUTES - "4" MONTHS DISCOVERY
TRACK

463 HABEAS CORPUS- Alien Detainee
510 MOTIONS TO VACATE SENTENCE
530 HABEAS CORPUS
535 HABEAS CORPUS DEATH PENALTY
540 MANDAMUS & OTHER
550 CIVIL RIGHTS - Filed Pro se
555 PRISON CONDITION(S) - Filed Pro se
560 CIVIL DETAINEE: CONDITIONS OF
CONFINEMENT

TORTS - PERSONAL INJURY - "4" MONTHS
DISCOVERY TRACK
310 AIRPLANE
315 AIRPLANE PRODUCT LIABILITY
320 ASSAULT, LIBEL & SLANDER
330 FEDERAL EMPLOYERS' LIABILITY
340 MARINE
345 MARINE PRODUCT LIABILITY
350 MOTOR VEHICLE
355 MOTOR VEHICLE PRODUCT LIABILITY
360 OTHER PERSONAL INJURY
362 PERSONAL INJURY - MEDICAL
MALPRACTICE
365 PERSONAL INJURY - PRODUCT LIABILITY
367 PERSONAL INJURY - HEALTH CARE/
PHARMACEUTICAL PRODUCT LIABILITY
368 ASBESTOS PERSONAL INJURY PRODUCT
LIABILITY

861 HIA (1395ff)
862 BLACK LUNG (923)
863 DIWC (405(g))
863 DIWW (405(g))
864 SSID TITLE XVI
865 RSI (405(g))

IMMIGRATION - "0" MONTHS DISCOVERY TRACK

REAL PROPERTY - "4" MONTHS DISCOVERY
TRACK
210 LAND CONDEMNATION
220 FORECLOSURE
230 RENT LEASE & EJECTMENT
240 TORTS TO LAND
245 TORT PRODUCT LIABILITY
290 ALL OTHER REAL PROPERTY

SOCIAL SECURITY - "0" MONTHS DISCOVERY
TRACK

* PLEASE NOTE DISCOVERY

PROPERTY RIGHTS - "8" MONTHS DISCOVERY TRACK
830 PATENT

TRACK FOR EACH CASE TYPE.
SEE LOCAL RULE 26.3

BANKRUPTCY - "0" MONTHS DISCOVERY TRACK
422 APPEAL 28 USC 158
423 WITHDRAWAL 28 USC 157

VII. REQUESTED IN COMPLAINT:

N/A (declaratory and injunctive relief only)
s CHECK IF CLASS ACTION UNDER F.R.Civ.P. 23 DEMAND $_____________________________
JURY DEMAND
YES s NO (CHECK YES ONLY IF DEMANDED IN COMPLAINT)

VIII. RELATED/REFILED CASE(S) IF ANY
JUDGE_______________________________

DOCKET NO._______________________

CIVIL CASES ARE DEEMED RELATED IF THE PENDING CASE INVOLVES:

(CHECK APPROPRIATE BOX)

1.
2.
3.
4.

PROPERTY INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
SAME ISSUE OF FACT OR ARISES OUT OF THE SAME EVENT OR TRANSACTION INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
VALIDITY OR INFRINGEMENT OF THE SAME PATENT, COPYRIGHT OR TRADEMARK INCLUDED IN AN EARLIER NUMBERED PENDING SUIT.
APPEALS ARISING OUT OF THE SAME BANKRUPTCY CASE AND ANY CASE RELATED THERETO WHICH HAVE BEEN DECIDED BY THE SAME
BANKRUPTCY JUDGE.
5. REPETITIVE CASES FILED BY PRO SE LITIGANTS.
6. COMPANION OR RELATED CASE TO CASE(S) BEING SIMULTANEOUSLY FILED (INCLUDE ABBREVIATED STYLE OF OTHER CASE(S)):

7. EITHER SAME OR ALL OF THE PARTIES AND ISSUES IN THIS CASE WERE PREVIOUSLY INVOLVED IN CASE NO.
DISMISSED. This case
IS
IS NOT (check one box) SUBSTANTIALLY THE SAME CASE.

/s/ Tara L. Borelli

April 22, 2014

SIGNATURE OF ATTORNEY OF RECORD

DATE

, WHICH WAS

ATTACHMENT A
ATTORNEYS FOR PLAINTIFFS
Tara L. Borelli (Bar No. 265084)
[e-mail]
Gregory R. Nevins (Bar No. 539529)
[e-mail]
Elizabeth L. Littrell (Bar No. 454949)
[e-mail]
LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC.
730 Peachtree Street, NE, Suite 1070
Atlanta, Georgia 30308
Phone: [phone]
Fax: [phone]
Susan L. Sommer*
[e-mail]
LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC.
120 Wall Street, 19th Floor
New York, NY 10005
Phone: [phone]
Fax: [phone]
William V. Custer (Bar. No. 202910)
[e-mail]
Jennifer D. Odom (Bar. No. 549717)
[e-mail]
Jennifer B. Dempsey (Bar No. 217536)
[e-mail]
Luke A. Lantta (Bar No. 141407)
[e-mail]
BRYAN CAVE LLP
1201 W. Peachtree Street, NW
Fourteenth Floor
Atlanta, GA 30309
Phone: [phone]
Fax: [phone]

Douglas E. Winter*
[e-mail]
BRYAN CAVE LLP
1155 F. Street, NW, Suite 700
Washington, DC 20004
Phone: [phone]
Fax: [phone]
David P. Draigh*
[e-mail]
WHITE & CASE LLP
Southeast Financial Center
200 South Biscayne Boulevard
Suite 4900
Miami, Florida 33131-2352
Phone: [phone]
Fax: [phone]

* Pro hac vice applications forthcoming