Alcocer v. Bulloch County Sheriff's Office et al

Filing 121

ORDER that the Mandate of the United States Court of Appeals for the Eleventh Circuit is made the Order of this Court. It Is Further Ordered that the stay in this case is lifted and the case is placed on the active docket of this Court. The Court g rants 117 Motion to Supplement, only on the issue of Defendants Mills and Staten's qualified immunity. The parties are directed to file an appropriate joint proposed scheduling order by Friday, November 30, 2018. Signed by Chief Judge J. Randal Hall on 11/16/2018. (thb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

*

iJUDITH ALCOCER,

*

Plaintiff,

*
*

V.

*

.

CV 615-094

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BULLOCH COUNTY SHERIFF'S OFFICE; *

RANDALL NORMAN, Individually
and in his Official Capacity;

*
*

SHERIFF LYNN M. ANDERSON,

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Individually and in his Official *
Capacity; JAILER ASHLEY LYNN
*
MILLS, in her Official Capacity; *
CAPTAIN JOHN STATEN, in his

*

Official Capacity; CPT. JASON
KEARNEY, in his Individual
Capacity; and SGT. KENT MUNSEY,

*
*
*
*

Defendants.

*

ORDER

On September 29, 2017, this Court granted in part and denied
in part Defendants' motion for summary judgment. In relevant part,
this Court denied Defendant Ashley Lynn Mills and Defendant John

Staten's motion for summary judgment on the issue of qualified
immunity as it related to Plaintiff's alleged unconstitutional
detention.

(Order of Sept. 29, 2017, Doc. 109, at 30.)

Thereafter, this case was stayed pending Mills and Staten's

appeal to the Eleventh Circuit Court of Appeals.

The Eleventh

Circuit reversed this Court's denial of summary judgment on the

issue of Mills and Staten's qualified immunity and remanded the

case to this Court with instructions to conduct an individualized
assessment of each Defendant's actions.

(See Alcocer v. Mills et

al., NO. 17-14804 (11th Cir. Oct. 9, 2018), Doc. 116.)

Accordingly, IT IS HEREBY ORDERED that the Mandate of the
United States Court of Appeals for the Eleventh Circuit is made
the Order of this Court.

IT IS FURTHER ORDERED that the Stay in this case is lifted

and the case is placed on the active docket of this Court.
In its opinion, the Eleventh Circuit indicated the Court ''may
choose to conduct the analysis on the basis of the record as it

currently exists, or it may allow the parties to supplement their
summary-judgment submissions in light of our opinion today." (Doc.
116, at 14.)

To that end. Defendants Mills and Staten move to

supplement the record in this case and provide additional briefing
on the issue of qualified immunity.

Upon consideration, the Court

finds

and

supplements

to

the

record

additional

briefing

is

warranted and GRANTS Defendants' motion to supplement (doc. 117),

only on the issue of Defendants Mills and Staten's qualified
immunity.

The parties are DIRECTED to file an appropriate joint proposed
scheduling order by Friday, November 30, 2018.

ORDER

ENTERED

at

Augusta,

Georgia,

this

day

of

November, 2018.

CHIEF JUDGE

UNITED STATES DISTRICT COURT

SOUTHE^ DISTRICT OF GEORGIA