Litigation in State and Federal Courts
Phyllis May v. City of Nahunta, Georgia ____3d. ____ 2016)( pending appeal of civil rights action challenging unlawful seizure of plaintiff in her home under Fourteenth and Fourth Amendments and state law claims)
S.M. v. Gwinnett County School District, 14-CV-0247 (N.D. Ga. 2014) (legal action challenging school district’s decision to place child with Down’s Syndrome in segregated educational setting)
JL/JR v. Ledbetter, No. 75-163-MAC (M.D. Ga. 1991). Class action Motion for Contempt and Modification of Consent Judgments regarding hospitalization of children in state mental hospitals.
GARC v. McDaniel, C78-1950A (N.D. Ga. 1985). Motion for Contempt regarding duty of state and local defendants to consider extended school year services to children with disabilities.
Barry G. v. Werner Rogers, et. al., C86-2496 (N.D. Ga. 1986). Civil rights action against state and local defendants for denying student free appropriate public education under special education statutes and regulations.
Ronnie E. Hightower v. James G. Ledbetter, et al, 959 F. Supp. 1549 (N.D. Ga. 1997), aff’d without opinion, 166 F.3d 351(11th Cir. 1998). Civil rights class action challenging defendants’ policies and procedures of providing informed consent to psychotropic medication to persons confined at state mental hospitals.
Bracey v. Ledbetter, et al., C87-159R (N.D. Ga. 1987), and Gardner v. Ledbetter et al, 4:89-CV-0063 (N.D. Ga. 1989). Civil rights actions against state officials challenging state commitment statute for contagious tuberculosis.
Thomas S. v. Burke County Board of Education, et al., CV-186-115, 1987 U.S. Dist. LEXIS 10763 (S.D. Ga. Nov. 3, 1987). Special education case involving the denial of a free appropriate education to a child with severe emotional disturbance and recovery of attorney’s fees.
Benham v. Ledbetter, 785 F.2d 1480 (11th Cir. 1986). Civil rights class action challenging state statutes regarding civil commitment of defendants found not guilty by reason of insanity.
Pisczak v. Evans, et al., CV-92-10-ATH M.D. Ga. 1992). Civil rights action against state and local defendants for for denying services to adult with autism and mental retardation.
Heichelbech v. Evans, et al., 798 F. Supp. 708 (M.D. Ga. 1992) aff’d without opinion, 995 F. 2d 237 (11th Cir.) cert denied, 510 U.S. 947 (1993). Civil rights action challenged state policy that prevented mental health patient from requesting discharge from state mental hospital because of guardianship.
Fred Doe by and through Jane v. Bibb County School District, et al., 1:93-CV-1526 (N.D. Ga. 1993). Special education case involving the denial of free appropriate public education to a child with severe dyslexia and attention deficit hyperactivity disorder.
Bobbie S. v. Stephens County School District, 2:90-CV-0029-WCO (N.D. Ga. 1990). Special education case involving denial of special education and related services to student with learning disability, dyslexia, and ADHD.
Jeffrey S. v. State Board of Education, et al., 896 F.2d 507 (11th Cir. 1990). Civil rights and special education case involving denial of special education to student with hepatitis B and severe mental retardation, and settlement for attorney fees.
Foss v. Bryan County School District, CV490-144 (S.D. Ga. 1990). Special education case involving challenge to school policy and grade retention practices.
Carmen B. v. Miller County School District, (S.D. Ga. 1994)(special education case challenging violation of procedural and substantive rights of child with medical disabilities and settlement of attorney’s fees.
Kyle K. v. Baldwin County School District, et al., 1:94-CV-0471 (N.D. Ga. 1994). Special education case against local and state educational agencies for failure to provide a free appropriate public education to student with autism and mental retardation.
Muscogee County School District v. Kyle K., 4:97-CV-217 (M.D. Ga. 1997). School district’s appeal of administrative law judge decision awarding residential placement to child with severe autism and mental retardation.
Colquitt County School District v. Thompson et al., 94-91-THOM (M.D. Ga. 1994). Special education case involving attempt by school district to change educational placement of student with mental retardation and attention deficit disorder, and award of attorney’s fees.
Martin v. Ledbetter, et al., 4:94-CV-0299 (N.D. Ga. 1994). Civil rights class action against state officials challenging constitutionality of commitment statute for contagious tuberculosis.
Benford v. Hagin, et. al, 3:96-CV-59 (M.D. Ga. 1996) Civil rights action challenging the constitutionality of school disciplinary procedures which led to permanent expulsion of students.
O’Neal v. Mitchell, et al., C78-1478A (N.D. Ga. 1978). Civil rights class action lawsuit challenging criminal arraignment proceedings for defendants.
James v. Communication Workers of America, AFL-CIO, Local 3204., 534 F. Supp. 566 (N.D. Ga. 1982). Action for breach of duty of fair representation and contractual duty to employee under collective bargaining agreement.
Quesenberry v. Hargrave et al., C84-49A (N.D. Ga. 1984). Civil rights action for violation of constitutional rights by law enforcement for erroneous breaking into home of family.
Sabel v. Stynchcombe, 746 F.2d 728 (11th Cir. 1984). Federal habeas corpus action challenging criminal conviction of defendants under activity protected under First Amendment of U.S. Constitution.
Jorge-Salon v. U.S., 734 F.2d 789 (11th Cir.) cert. denied, 469 U.S. 869 (1984). Appeal of defendant’s conviction for murder, attempted murder and conspiracy to attempt murder.
U.S. v. Harris et al., 720 F.2d 1259 (11th Cir. 1983). Appeal of defendant’s conviction for conspiracy to possess heroin and cocaine with intent to distribute.
Nagel v. Osborne, et al., 94-267-3-MAC (M.D. Ga. 1994), aff’d, 164 F.3d 582 (11th Cir. 1999), reh. en banc den., 181 F.3d. 111 (11th Cir.), cert. denied., 120 S. Ct. 502 (1999). Federal habeas action challenging the constitutional basis of confinement of an insanity acquittee.
Hall v. DeKalb County School District, et al. 1:97-CV-0389 (N.D. Ga. 1997)(civil rights action to enforce special education due process decision).
Ruff v. Mimbs, et al., 90-62-2-MAC (M.D. Ga. 1990). Federal habeas action challenging the constitutional basis of continued involuntary civil commitment for patient.
Deeds v. State of Georgia Department of Revenue 1:97-CV-2967 (N.D. Ga. 1997)Action under ADA for reinstatement and recovery of back wages, and compensatory damages for unlawful termination.
Kelley v. Tift County Hospital Authority d/b/a Tift General Hospital 4:98-CV-11 (M.D. Ga. 1998). Action under ADEA and ADA for compensatory damages and recovery of back wages for unlawful termination.
Tiffany Thomas v. Robertset al, 94 F. Supp. 2d 1290 (N.D. Ga. 1999); 94 F. Supp. 2d 1330(N.D. Ga. 2000), aff’d 261 F.3d 1160 (2001), vacated and remanded, 536 U.S. 953 (2002), on remand, 323 F.3d 950 (2003). Civil rights action for equitable and legal relief for strip search of elementary school students.
Davidson v.Walker, 04:-CV-1316 (N.D.Ga 2004). Civil rights action under ADA, Section 504 and U.S. Constitution for equitable relief to obtain most integrated community setting for individual with disabilities confined at state mental institution.
Smith v. Burgess, 4:04-CV-204 (N.D.Ga 2004) Civil rights action under ADA, Medicaid statute and regulations and fourteenth Amendment challenging termination of nursing home residents from Medicaid Medical Needy Program.
Mandy S. v. Fulton County School District., 1:99-CV-0676 (N.D.Ga 1999) Special education appeal of case involving claim for compensatory education and reimbursement of private education expenses.
Brogdon v. National Healthcare Corp. et al. 103 F. Supp. 2d 1322 (N.D. Ga. 2000). Civil action seeks injunctive and declaratory relief and damages for violating the rights of nursing home residents under state laws.
Liberty County School District v. John A., CV-400-045 (S.D. Ga. 2000). School district’s appeal of ALJ’s decision finding that student qualifies for special education, and is entitled to compensatory education.
Cory D. v. Burke County School District, 285 F.3d 1294 (11th Cir. 2002). Special education case challenging permanent expulsion of child with mental retardation and ADHD.
Price v. Advanced Medical Clinics and Lacy Management, Inc., 1:04-CV-1818 (N.D.Ga 2004)(Title VII action seeking damages and equitable relief for religious discrimination)
Ansley v. Madison County School District, Civil No. 3:00-CV-11 (M.D.Ga.2000)(civil rights action seeking constitutional challenge to school district’s residency requirements for enrollment).
R. W. v. Georgia Board of Education ___F.3d.____ (2010)(amicus brief supporting challenge to district court’s decision insufficiency of notice provision)
Franklin v. Eaves, __Ga. App. ___ (2016)( appeal of trial court’s granting of defendant’s motion for summary judgment on statute of limitations for Georgia Whistleblower statute)
Atlanta Independent School System v. Wardlow, ____Ga. App. ____(2016)(appeal by defendant school system of trial court’s reversal of Board of Education decision upholding termination of educator under Georgia Fair Dismissal Act).
In Re: Professional Nurses Service, Inc.
2006 Vt.. 112, 2006 VT LEXIS 312 (2006). Appeal of granting of certificate of need to become home health agency under Vermont law.
GCSS v. Berryhill, 275 Ga. App. 189 (2005), cert. granted and affirmed, 281 Ga. 439 (2006).(motion to dismiss SLAPP lawsuit for libel, interference with business relationship, and for attorney’s fees).
Hogan v. Nagel, 276 Ga. 197 (2003). Appeal of an order granting insanity acquittee for conditional release from state psychiatric hospital).
Hogan v. Nagel, 273 Ga. 577 (2001). Appeal of an order granting insanity acquittee the right to pursue habeas relief before exhausting remedies under the criminal code.
Nagel v. State., 264 Ga. 150 (1993). Appeal of denial of release of defendant found not guilty by reason of insanity.
Nagel v. State, 262 Ga. 888 (1994). Appeal of denial of release of defendant found not guilty by reason of insanity
Ruff v. Central State Hospital, 192 Ga. App. 631 (1989). Appeal of an order for involuntary civil commitment of patient.
Ranger v. State, 249 Ga. 315 (1982)(amicus in support of defendant’s appeal to overturn his conviction for murder).
Simmons v. State, 172 Ga. App. 695 (1984)(appeal of conviction for aggravated assault).
Ellison v. State, 158 Ga. App. 419 (1981). Appeal of defendant’s conviction for aggravated assault.
In Re McClarty, 152 Ga. App. 399 (1979). Appeal of order for civil contempt.
Beatty v. LaSonde, 147 Ga. App. 138 (1978). Defense of appeal for quantum meruit.
Houston v. Roberts, 150 Ga. App. 350 (1979). Defense of order declaring a mistrial in civil case.
Rosenstein v. Jenkins, 166 Ga. App. 385 (1983). Defense of trial judge’s order awarding custody of child to parent.
Crooks v. Crim, et al., 159 Ga. App. 745 (1981). Action on behalf of teachers involving challenge to employment contract.
Caldwell et al. v. Carswell et al., 158 Ga. App. 353 (1981). Defense of trial judge’s award of unemployment compensation to teachers.
State v. Sikes, 208 Ga. 19 (1997). Amicus in support of discharge of insanity acquittee from a conditional release plan.
In the Interest of A.V.B., 222 Ga. App. 241 (1996). Amicus in support of minor seeking release from state mental hospital.
Kyle K. v. State Board of Education of the State of Georgia et al., 22 IDELR 37 (N.D.Ga 1995)(court denied State defendant’s motion to dismiss and for summary judgment on grounds of SEA’s responsibility under IDEA).
Muscogee County (GA.) School System, 27 IDELR 275 (SEA 1997)(parents substantially prevailed – ALJ determined student’s stay-put placement was his current out-of-state residential placement, and not the school system’s proposed in-state residential placement).
Fulton County (GA.) School System, 29 IDELR 1118 (SEA 1999)(parent unsuccessfully sought reimbursement and compensatory education against school system for failure to provide a free appropriate public education to student with traumatic brain injury).
Liberty County (GA.) School System, 31 IDELR 176 (SEA 1999). Parent substantially prevailed when ALJ ruled that school system failed to timely locate, identify, evaluate and provide a free appropriate public education to student with ADHD, ODD, and Dysthemia, as required by the IDEA and Section 504 of the Rehabilitation Act.
Mandy S. by Sandy F. v. Fulton County School District , 31 IDELR 79 (N.D.Ga 1999)(district court determined Georgia’s two-year statute of limitations for personal injury should apply to requests for due process hearings under the IDEA. The statute of limitations begins to run when then the parent knew or should have known of the injury giving rise to the claim, whether or not the parent knew that the injury was actionable).
Liberty County School District v. John A., 33 IDELR 33 (S.D. Ga. 2000)(held parent had right to enforce due process decision while school district appealed the decision).