Hammond v. Gordon County, CIV.A.4:00-CV0387HLM.

• Decision Date: 29 April 2002
• Docket Number: No. CIV.A.4:00-CV0387HLM.,CIV.A.4:00-CV0387HLM.
• Citation: 316 F.Supp.2d 1262
• Parties: Tiffany Nicole HAMMOND, Tamatha Crowder, Jeannie Trotter, and Virginia Darlene Quarles, Plaintiffs, v. GORDON COUNTY, William S. Roberts, Sheriff of Gordon County, in his official and individual capacity, Walter Christian, in his official and individual capactity, Kenyon T. Trammel, in his official and individual capacity, Brian Crider, in his official and individual capacity, Mark Highfield, in his official and individual capacity, Mike Gravitt, in his official and individual capacity, Robert Johnson, in his official and individual capacity, Johnny Duncan, in his official and individual capacity, Kevin Vaughn, in his official and individual capacity, Tricia Bridwell, in her official and individual capacity, Jeremy Battles, in his official and individual capacity, and M.S. Jones, in his official and individual capacity as Jail Administrator, Defendants.
• Court: U.S. District Court — Northern District of Georgia

316 F.Supp.2d 1262

Tiffany Nicole HAMMOND, Tamatha Crowder, Jeannie Trotter, and Virginia Darlene Quarles, Plaintiffs, v. GORDON COUNTY, William S. Roberts, Sheriff of Gordon County, in his official and individual capacity, Walter Christian, in his official and individual capactity, Kenyon T. Trammel, in his official and individual capacity, Brian Crider, in his official and individual capacity, Mark Highfield, in his official and individual capacity, Mike Gravitt, in his official and individual capacity, Robert Johnson, in his official and individual capacity, Johnny Duncan, in his official and individual capacity, Kevin Vaughn, in his official and individual capacity, Tricia Bridwell, in her official and individual capacity, Jeremy Battles, in his official and individual capacity, and M.S. Jones, in his official and individual capacity as Jail Administrator, Defendants.

No. CIV.A.4:00-CV0387HLM.

United States District Court, N.D. Georgia, Rome Division.

April 29, 2002.

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Steven Keith Leibel, Michael Thomas McCulley, Casey Gilson Leibel, Atlanta, GA, Stephen Forrest Lanier, Lanier Firm, Rome, GA, for plaintiffs.

Ronald R. Womack, John T. Siess, The Womack Law Firm, LaFayette, GA, Martha Suzanne Hutchinson, Calhoun, GA, Donald Andrew Cronin, Jr., O'Quinn & Cronin, McDonough, GA, for defendants.

ORDER

MURPHY, District Judge.

This is a civil rights action filed pursuant to 42 U.S.C.A. § 1983. The case is before the Court on the Joint Motion by Defendants Gordon County, Christian, Trammel, Crider, Highfield, Gravitt, Bridwell, Jones Roberts, and Davis to Disallow Plaintiffs' Use of Expert Witness [31], Defendant Gordon County's Motion for Summary Judgment [41], the Motion for Summary Judgment Filed by Defendants Crider, Gravitt, Johnson, Jones, Roberts, and Davis [43], Defendant Bridwell's Motion for Summary Judgment [45], Defendant Highfield's Motion for Summary Judgment [46], Defendant Trammel's Motion for Summary Judgment [47], Defendant Christian's Motion for Summary Judgment [48], and Defendants' Objections to the Affidavit of David M. Bogard [63].

I. Motion to Disallow Plaintiffs' Use of Expert Witness and Objections to the Affidavit of David M. Bogard

On November 1, 2001, Defendants filed a Motion to Disallow Plaintiffs' Use of Expert Witness.¹ Defendants argue that Plaintiffs failed to produce the expert report of David M. Bogard in a timely fashion, and that the report contains inadmissible legal conclusions. When Plaintiffs filed the Affidavit of David M. Bogard in response to Defendants' Motions for Summary Judgment, Defendants objected to the Affidavit, citing the arguments that Defendants raised in their Motion to Disallow Plaintiffs' Use of Expert Witness.

Plaintiffs did not formally disclose their plans to use Mr. Bogard as an expert witness until April 9, 2001, when Plaintiffs amended their responses to the mandatory disclosures to identify Mr. Bogard and to provide his expert report. By that time, the discovery period had almost concluded, leaving Defendants without sufficient time to depose Mr. Bogard and to retain their own expert. The Court finds that Plaintiffs' delay in disclosing Mr. Bogard and in producing Mr. Bogard's expert report violated Federal Rule of Civil Procedure 26(a)(2)(B) and Local Rule 26.3, and that this delay prejudiced Defendants. The Court therefore will not permit Plaintiffs to use Mr. Bogard's Affidavit or expert testimony in connection with Defendants' pending Motions for Summary Judgment.² The Court may consider allowing Plaintiffs to use Mr. Bogard's testimony at trial, conditioned upon a forty-five day extension of discovery to allow Defendants to depose Mr. Bogard and to retain their own expert.³

II. Background

Keeping in mind that when deciding a motion for summary judgment, the Court "must view the evidence and all factual inferences in the light most favorable to the party opposing the motion," the Court provides the following statement of facts. Reynolds v. Bridgestone/Firestone, Inc., 989 F.2d 465, 469 (11th Cir.1993). This statement does not represent actual findings of fact; rather, it is intended simply to place the Court's legal analysis within the context of a specific case or controversy. Swint v. City of Wadley, 51 F.3d 988, 992 (11th Cir.1995) ("[W]hat we state as `facts' in this [order] for purposes of reviewing the ruling[ ] on the summary judgment motion[ ] may not be the actual facts. They are, however, the facts for present purposes, and we set them out below.").

A. The Parties

Plaintiff Hammond resides in Silver Creek, Georgia. (Dep. of Tiffany Hammond at 5.) During the time period relevant to this lawsuit, Plaintiff Hammond was an inmate residing in the Gordon County Jail (the "Jail"). (Compl. ¶ 2.)

Plaintiff Trotter is a resident of Calhoun, Georgia. (Dep. of Jeannie Trotter at 6.) From late 1998 to April 13, 1999, Plaintiff Trotter was an inmate residing in the Jail. (Id. at 132.)

Plaintiff Crowder is a resident of Calhoun, Georgia. (Dep. of Tamatha Crowder Hayes at 4.) During the time period relevant to this action, Plaintiff Crowder was an inmate residing in the Jail. (Compl.¶ 3.)

Plaintiff Quarles resides in Calhoun, Georgia. (Dep. of Virginia Darlene Quarles at 4.) Plaintiff Quarles was an inmate residing in the Jail from February 1999 to August 1999. (Id. at 5.)

Defendant Gordon County, Georgia ("Defendant Gordon County") is a political subdivision of the State of Georgia. (Compl.¶ 7.) As part of its activities, Defendant Gordon County maintains the Jail.

Defendant Roberts resides in Calhoun, Georgia. (Dep. of William Sidney Roberts at 6.) During the time period relevant to this action, Defendant Roberts served as the sheriff of Defendant Gordon County. (Aff. of William Sidney Roberts ¶ 2; Roberts Dep. at 18.)

Defendant Davis currently serves as the sheriff of Defendant Gordon County. (Order of Mar. 22, 2001.) On March 22, 2001, the Court entered an Order substituting Defendant Davis, in his official capacity, for Defendant Roberts, in his official capacity. (Id.)

Defendant Crider is an employee of the Gordon County Sheriff's Office ("GCSO"). (Aff. of Brian Crider ¶ 2.) During the time period relevant to this action, Defendant Crider worked as a deputy jailer at the Jail. (Id.)

Defendant Gravitt is an employee of the GCSO. (Aff. of Mike Gravitt ¶ 2.) During the time period relevant to this action, Defendant Gravitt worked as a sergeant at the Jail. (Dep. of Robert Lee Johnson at 76-77.)

Defendant Jones was an employee of the GCSO. (Aff. of Michael Jones ¶ 2.) From January 1999 to October 2000, Defendant Jones served as the administrator for the Jail. (Dep. of Michael Jones at 7-8, 11-12.) Defendant Jones' duties included ensuring the safety and security of inmates at the Jail. (Id. at 14.)

Defendant Johnson resides in Calhoun, Georgia, and is an employee of the GCSO. (Aff. of Robert Johnson ¶ 2; Dep. of Robert Lee Johnson at 6.) During the time period relevant to this action, Defendant Johnson worked as a deputy jailer at the Jail. (Johnson Dep. at 6.)

Defendant Bridwell resides in Calhoun, Georgia. (Dep. of Tricia Casey Bridwell at 6.) During the time period relevant to this action, Defendant Bridwell served as a deputy jailer at the Jail. (Id. at 19.)

Defendant Christian resides in Cartersville, Georgia. (Dep. of Walter Z. Christian at 5.) Defendant Christian worked for the GCSO as a deputy jailer at the Jail from November 1998 to April 1999. (Id. at 8.)

Defendant Highfield resides in Cave Spring, Georgia. (Dep. of Mark Allen Highfield at 21.) During the time period relevant tot his action, Defendant Highfield served as a deputy jailer at the Jail. (Id. at 45.)

Defendant Trammel is a resident of Calhoun, Georgia. (Dep. of Kenyon Trammel at 6.) During the time period relevant to this action, Defendant Trammel worked as a deputy jailer or as a sergeant at the Jail. (Id. at 17, 99.)

Defendant Duncan resides in Calhoun, Georgia. (Compl.¶ 16.) During the time period relevant to Plaintiff's Complaint, Defendant Duncan served as a deputy jailer at the Jail. (Id.)

Defendant Vaughn also is a resident of Calhoun, Georgia. (Compl.¶ 17.) Defendant Vaughn served as a deputy jailer at the Jail during the time period relevant to this action. (Id.)

Defendant Battle is a resident of Calhoun, Georgia. (Compl.¶ 19.) During the time period relevant to this action, Defendant Battle served as a deputy jailer at the Jail. (Id.)

B. The Events Giving Rise to this Lawsuit

1. "Flashing"

According to Plaintiffs, jailers refused to give female inmates toilet paper or feminine hygiene products, such as sanitary napkins or tampons. (Quarles Dep. at 11; Hammond Dep. at 40.) Some of the Plaintiffs have testified that certain Defendants, including Defendant Highfield, required female inmates to "flash," or show their breasts, to obtain toilet paper or feminine hygiene products. (Crowder Dep. at 9; Hammond Dep. at 40.) Plaintiffs also have testified that jailers instructed, or asked, female inmates to "flash," or show their breasts, in exchange for cigarettes. (Quarles Dep. at 13, 39.)

Plaintiff Hammond testified that Defendant Highfield asked Plaintiff Hammond to strip for cigarettes on two occasions. (Hammond Dep. at 72.) Plaintiff Hammond stripped for Defendant Highfield in exchange for cigarettes. (Id.)

Plaintiff Hammond also has testified that Defendant Johnson asked Plaintiff Hammond and other female inmates to strip in exchange for cigarettes. (Hammond Dep. at 119.) Plaintiff Hammond stripped for Defendant Johnson in exchange for cigarettes. (Id.)

On one occasion, Defendant Johnson asked Plaintiff Trotter to "flash" Defendant Johnson in exchange for cigarettes. (Trotter Dep. at 99, 145.) Plaintiff Trotter refused to "flash" Defendant Johnson. (Id.)

Plaintiff Quarles "flashed" jailers "a couple of times" in exchange for cigarettes. (Quarles Dep. at 40.) Plaintiff...