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County Defendants' Initial Disclosures

County Defendants' Initial Disclosures

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Published by Janet and James
The Defendants' responses to Motion to Amend Complaint was that the motion was to stall, undue delay, etc. At that point, all defendants' had stated they had no documents other than the ones that Plaintiff had submitted with his prima facie complaint and no persons other than the defendants could support their defenses. The false allegations of undue delay were shot down by Motion to Shorten Discovery. Discovery had been appointed Four months, the four months only had one week left. Officer Porter had waited until the last month of the four months to attempt any discovery.
The Defendants' responses to Motion to Amend Complaint was that the motion was to stall, undue delay, etc. At that point, all defendants' had stated they had no documents other than the ones that Plaintiff had submitted with his prima facie complaint and no persons other than the defendants could support their defenses. The false allegations of undue delay were shot down by Motion to Shorten Discovery. Discovery had been appointed Four months, the four months only had one week left. Officer Porter had waited until the last month of the four months to attempt any discovery.

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Published by: Janet and James on Dec 25, 2008
Copyright:Attribution Non-commercial

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06/21/2009

 
IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF GEORGIAATLANTA DIVISIONJAMES B. STEGEMAN,
Plaintiff,v.
STATE OF GEORGIA, DEKALBCOUNTY THRU CEO VERNON JONESIN HIS OFFICIAL CAPACITY, et al.,
Defendants.____________________________________
CIVIL ACTION FILE NO.
1:06-CV-2954-WSD
DEFENDANTS DEKALB COUNTY, VERNON JONES, LT. HUGHETT,DENNIS CARLOCK, JUDGE JERYL DEBRA ROSH, DEKALB COUNTYFIRE & RESCUE AND DEKALB COUNTY PROBATE COURT’SRESPONSES TO INITIAL DISCLOSURES
(1)
If the defendant is improperly identified, state defendants’ correctidentification and state whether defendant(s) will accept service of anamended summons and complaint reflecting the information furnished in thisdisclosure response.
Defendant DeKalb County Fire and Rescue is not a legal entity capable of being sued, but instead is a department of DeKalb County, Georgia. DefendantDeKalb County Probate Court is not a legal entity capable of being sued.Defendant Lt. Hughett should be identified as Captain Kellie Hughett.
Case 1:06-cv-02954-WSD Document 55 Filed 03/19/2007 Page 1 of 8
 
 
-2-
(2) Provide the names of any parties whom defendant contends arenecessary parties to this action, but who have not been named by plaintiff. If defendant contends that there is a question of misjoinder of parties, providethe reasons for defendant's contention.
These Defendants are not aware of any other necessary parties.
(3) Provide a detailed factual basis for the defense or defenses andany counterclaims or crossclaims asserted by defendant in the responsivepleading.
These Defendants are not liable to the Plaintiff in the instant action becausehis Complaint fails to state a claim against them. It appears from Plaintiff’sComplaint that he is improperly seeking damages against these Defendants fordecisions made by the DeKalb County Probate Court in a probate and/orguardianship matter. Defendants DeKalb County, Vernon Jones, Captain Hughettand Dennis Carlock were not involved in the probate/guardianship matter.Defendant DeKalb County is entitled to sovereign immunity. Defendants Jones,Hughett, Carlock and Rosh, in their official capacities are entitled to sovereignimmunity. These Defendants, in their individual capacities, are entitled toqualified immunity. They are also entitled to official (governmental) immunity.Defendant Judge Jeryl Rosh is entitled to judicial immunity. Defendants DeKalb
Case 1:06-cv-02954-WSD Document 55 Filed 03/19/2007 Page 2 of 8
 
 
-3-
County Fire & Rescue and DeKalb County Probate Court are not legal persons orentities capable of being sued.
(4) Describe in detail all statutes, codes, regulations, legal principles,standards and customs or usages, and illustrative case law which defendantcontends are applicable to this action.
Sovereign immunity; official (governmental) immunity; qualified immunity; judicial immunity; Monell v. Dept. of Social Services of the City of New York,436 U.S. 658, 98 S.Ct. 2018 (1978); Gilbert v. Richardson, 264 Ga. 744, 452S.E.2d 476 (1994); Holloway v. Dougherty County School System, 157 Ga.App.251, 277 S.E.2d 251 (1981); Beaulah v. Muscogee County Sheriff’s Deputies, 447F.Supp.2d 1342 (2006); Merrow v. Hawkins, 266 Ga. 390, 467 S.E.2d 336 (1996);Lee v. Ferraro, 284 F.3d 1188 (11
th
Cir.2002); Harlow v. Fitzgerald, 457 U.S. 800,102 S.Ct. 2727 (1982); Mauldin v. Burnette, 89 F.Supp.2d 1371 (2000); Roland v.Phillips, 19 F.3d 552 (11
th
Cir.1994); Maddox v. Prescott, 214 Ga.App. 810, 449S.E.2d 163 (1994);City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 101 S.Ct.2748 (1981); Healy v. Town of Pembroke Park, 831 F.2d 989 (11
th
Cir.1987);Smith v. Commissioners of Roads and Revenue of Glynn County, 198 Ga. 322, 31S.E.2d 648 (1944); Cravey v. Southeastern Underwriters Ass’n, 214 Ga. 450, 105S.E.2d 497 (1958); 42 U.S.C. § 1983; O.C.G.A. § 36-11-1.
Case 1:06-cv-02954-WSD Document 55 Filed 03/19/2007 Page 3 of 8

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