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,
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*
*
*
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
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