County Defendants' Initial Disclosures
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Case 1:06-cv-02954-WSD
Document 55
Filed 03/19/2007
Page 1 of 8
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION JAMES B. STEGEMAN, Plaintiff, CIVIL ACTION FILE NO. 1:06-CV-2954-WSD
v. STATE OF GEORGIA, DEKALB COUNTY THRU CEO VERNON JONES IN HIS OFFICIAL CAPACITY, et al., Defendants. ____________________________________
DEFENDANTS DEKALB COUNTY, VERNON JONES, LT. HUGHETT, DENNIS CARLOCK, JUDGE JERYL DEBRA ROSH, DEKALB COUNTY FIRE & RESCUE AND DEKALB COUNTY PROBATE COURT’S RESPONSES TO INITIAL DISCLOSURES (1)
If the defendant is improperly identified, state defendants’ correct
identification and state whether defendant(s) will accept service of an amended summons and complaint reflecting the information furnished in this disclosure 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. Defendant DeKalb 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
(2)
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Provide the names of any parties whom defendant contends are
necessary parties to this action, but who have not been named by plaintiff. If defendant contends that there is a question of misjoinder of parties, provide the 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 and
any counterclaims or crossclaims asserted by defendant in the responsive pleading. These Defendants are not liable to the Plaintiff in the instant action because his Complaint fails to state a claim against them. It appears from Plaintiff’s Complaint that he is improperly seeking damages against these Defendants for decisions made by the DeKalb County Probate Court in a probate and/or guardianship matter. Defendants DeKalb County, Vernon Jones, Captain Hughett and 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 sovereign immunity.
These Defendants, in their individual capacities, are entitled to
qualified immunity. They are also entitled to official (governmental) immunity. Defendant Judge Jeryl Rosh is entitled to judicial immunity. Defendants DeKalb -2-
Case 1:06-cv-02954-WSD
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County Fire & Rescue and DeKalb County Probate Court are not legal persons or entities capable of being sued. (4)
Describe in detail all statutes, codes, regulations, legal principles,
standards and customs or usages, and illustrative case law which defendant contends 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, 452 S.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, 447 F.Supp.2d 1342 (2006); Merrow v. Hawkins, 266 Ga. 390, 467 S.E.2d 336 (1996); Lee v. Ferraro, 284 F.3d 1188 (11th 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 (11th Cir.1994); Maddox v. Prescott, 214 Ga.App. 810, 449 S.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 (11th Cir.1987); Smith v. Commissioners of Roads and Revenue of Glynn County, 198 Ga. 322, 31 S.E.2d 648 (1944); Cravey v. Southeastern Underwriters Ass’n, 214 Ga. 450, 105 S.E.2d 497 (1958); 42 U.S.C. § 1983; O.C.G.A. § 36-11-1. -3-
Case 1:06-cv-02954-WSD
(5)
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Provide the name and, if known, the address and telephone
number of each individual likely to have discoverable information relevant to disputed facts alleged with particularity in the pleadings, identifying the subjects of the information.
(Attach witness list to Responses to Initial
Disclosures as Attachment A.) These Defendants cannot provide the names, addresses and telephone numbers of individuals who are likely to have discoverable information in the instant action, beyond the persons named and identified in Plaintiff’s Complaint. (6)
Provide the name of any person who may be used at trial to
present evidence under Rules 702, 703, or 705 of the Federal Rules of Evidence. For all experts described in Fed. R. Civ. P. 26(a)(2)(B), provide a separate written report satisfying the provisions of that rule. (Attach expert witness list and written reports to Responses to Initial Disclosures as Attachment B.) These Defendants have not retained an expert witness.
They will
supplement their response in the event that an expert is retained at a later time. (7)
Provide a copy of, or description by category and location of, all
documents, data compilations, and tangible things in your possession, custody, or control that are relevant to disputed facts alleged with particularity in the -4-
Case 1:06-cv-02954-WSD
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pleadings. (Attach document list and descriptions to Responses to Initial Disclosures as Attachment C.) These Defendants are not aware of any documents, data compilations or tangible things that may be used to support their defenses in this case, besides the documents attached to Plaintiff’s Complaint. In the event that such information is identified at a later time, these Defendants will supplement their response. (8)
In the space provided below, provide a computation of any
category of damages claimed by you.
In addition, include a copy of, or
describe by category and location of the documents or other evidentiary material, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered, making such documents or evidentiary material available for inspection and copying under Fed. R. Civ. P. 34. (Attach any copies and descriptions to Responses to Initial Disclosures as Attachment D.) Not Applicable. (9)
If defendant contends that some other person or legal entity is, in
whole or in part, liable to the plaintiff or defendant in this matter, state the full name, address, and telephone number of such person or entity and describe in detail the basis of such liability. -5-
Case 1:06-cv-02954-WSD
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Not Applicable. (10) Attach for inspection and copying as under Fed. R. Civ. P. 34 any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse for payments to satisfy the judgment. (Attach copy of insurance agreement to Responses to Initial Disclosures as Attachment E.) Not Applicable. Respectfully submitted this 19th day of March, 2007. DUANE D. PRITCHETT CHIEF ASSISTANT COUNTY ATTORNEY Georgia Bar No. 588330 /s/ Brenda A. Raspberry BRENDA A. RASPBERRY ASSISTANT COUNTY ATTORNEY Georgia Bar No. 595130 Attorneys for Defendants PLEASE ADDRESS ALL COMMUNICATIONS TO: Brenda A. Raspberry Assistant County Attorney DeKalb County Law Department 1300 Commerce Drive, 5th Floor Decatur, GA 30030 (404) 371-3011 -6-
Case 1:06-cv-02954-WSD
Document 55
Filed 03/19/2007
Page 7 of 8
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION JAMES B. STEGEMAN, Plaintiff, v.
CIVIL ACTION FILE NO.
1:06-CV-2954-WSD DEKALB COUNTY THRU CEO VERNON JONES IN HIS OFFICIAL CAPACITY, DEKALB COUNTY, et al., Defendants. _______________________________ CERTIFICATE OF SERVICE I hereby certify that on March 19, 2007 I electronically filed DEFENDANTS DEKALB COUNTY, VERNON JONES, LT. HUGHETT, DENNIS CARLOCK, JUDGE JERYL DEBRA ROSH, DEKALB COUNTY FIRE & RESCUE AND DEKALB COUNTY PROBATE COURT’S RESPONSES TO INITIAL DISCLOSURES with the Clerk of Court using the CM/ECF system, which will automatically send email notification of such filing to the counsel of record as follows:
Case 1:06-cv-02954-WSD
Document 55
Filed 03/19/2007
Page 8 of 8
Matthew R. LaVallee, Esq. DALEY, KOSTER & LAVALLEE, LLC 2849 Paces Ferry Road Suite 160 Atlanta, GA 30339 Peter C. Brown, Esq. Richard A. Carothers, Esq. CAROTHERS & MITCHELL, LLC 278 West Main Street Buford, GA 30518 I hereby certify that a copy of the foregoing document has bent sent by U.S. mail to the following non-CM/ECF participant: James B. Stegeman Pro Se 821 Sheppard Road Stone Mountain, GA 30083 This is to further certify that the foregoing document was prepared using 14 pt Times New Roman font. This 19th day of March, 2007. /s/ Brenda A. Raspberry BRENDA A. RASPBERRY ASSISTANT COUNTY ATTORNEY Georgia Bar No. 595130
Document 55
Filed 03/19/2007
Page 1 of 8
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION JAMES B. STEGEMAN, Plaintiff, CIVIL ACTION FILE NO. 1:06-CV-2954-WSD
v. STATE OF GEORGIA, DEKALB COUNTY THRU CEO VERNON JONES IN HIS OFFICIAL CAPACITY, et al., Defendants. ____________________________________
DEFENDANTS DEKALB COUNTY, VERNON JONES, LT. HUGHETT, DENNIS CARLOCK, JUDGE JERYL DEBRA ROSH, DEKALB COUNTY FIRE & RESCUE AND DEKALB COUNTY PROBATE COURT’S RESPONSES TO INITIAL DISCLOSURES (1)
If the defendant is improperly identified, state defendants’ correct
identification and state whether defendant(s) will accept service of an amended summons and complaint reflecting the information furnished in this disclosure 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. Defendant DeKalb 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
(2)
Document 55
Filed 03/19/2007
Page 2 of 8
Provide the names of any parties whom defendant contends are
necessary parties to this action, but who have not been named by plaintiff. If defendant contends that there is a question of misjoinder of parties, provide the 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 and
any counterclaims or crossclaims asserted by defendant in the responsive pleading. These Defendants are not liable to the Plaintiff in the instant action because his Complaint fails to state a claim against them. It appears from Plaintiff’s Complaint that he is improperly seeking damages against these Defendants for decisions made by the DeKalb County Probate Court in a probate and/or guardianship matter. Defendants DeKalb County, Vernon Jones, Captain Hughett and 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 sovereign immunity.
These Defendants, in their individual capacities, are entitled to
qualified immunity. They are also entitled to official (governmental) immunity. Defendant Judge Jeryl Rosh is entitled to judicial immunity. Defendants DeKalb -2-
Case 1:06-cv-02954-WSD
Document 55
Filed 03/19/2007
Page 3 of 8
County Fire & Rescue and DeKalb County Probate Court are not legal persons or entities capable of being sued. (4)
Describe in detail all statutes, codes, regulations, legal principles,
standards and customs or usages, and illustrative case law which defendant contends 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, 452 S.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, 447 F.Supp.2d 1342 (2006); Merrow v. Hawkins, 266 Ga. 390, 467 S.E.2d 336 (1996); Lee v. Ferraro, 284 F.3d 1188 (11th 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 (11th Cir.1994); Maddox v. Prescott, 214 Ga.App. 810, 449 S.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 (11th Cir.1987); Smith v. Commissioners of Roads and Revenue of Glynn County, 198 Ga. 322, 31 S.E.2d 648 (1944); Cravey v. Southeastern Underwriters Ass’n, 214 Ga. 450, 105 S.E.2d 497 (1958); 42 U.S.C. § 1983; O.C.G.A. § 36-11-1. -3-
Case 1:06-cv-02954-WSD
(5)
Document 55
Filed 03/19/2007
Page 4 of 8
Provide the name and, if known, the address and telephone
number of each individual likely to have discoverable information relevant to disputed facts alleged with particularity in the pleadings, identifying the subjects of the information.
(Attach witness list to Responses to Initial
Disclosures as Attachment A.) These Defendants cannot provide the names, addresses and telephone numbers of individuals who are likely to have discoverable information in the instant action, beyond the persons named and identified in Plaintiff’s Complaint. (6)
Provide the name of any person who may be used at trial to
present evidence under Rules 702, 703, or 705 of the Federal Rules of Evidence. For all experts described in Fed. R. Civ. P. 26(a)(2)(B), provide a separate written report satisfying the provisions of that rule. (Attach expert witness list and written reports to Responses to Initial Disclosures as Attachment B.) These Defendants have not retained an expert witness.
They will
supplement their response in the event that an expert is retained at a later time. (7)
Provide a copy of, or description by category and location of, all
documents, data compilations, and tangible things in your possession, custody, or control that are relevant to disputed facts alleged with particularity in the -4-
Case 1:06-cv-02954-WSD
Document 55
Filed 03/19/2007
Page 5 of 8
pleadings. (Attach document list and descriptions to Responses to Initial Disclosures as Attachment C.) These Defendants are not aware of any documents, data compilations or tangible things that may be used to support their defenses in this case, besides the documents attached to Plaintiff’s Complaint. In the event that such information is identified at a later time, these Defendants will supplement their response. (8)
In the space provided below, provide a computation of any
category of damages claimed by you.
In addition, include a copy of, or
describe by category and location of the documents or other evidentiary material, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered, making such documents or evidentiary material available for inspection and copying under Fed. R. Civ. P. 34. (Attach any copies and descriptions to Responses to Initial Disclosures as Attachment D.) Not Applicable. (9)
If defendant contends that some other person or legal entity is, in
whole or in part, liable to the plaintiff or defendant in this matter, state the full name, address, and telephone number of such person or entity and describe in detail the basis of such liability. -5-
Case 1:06-cv-02954-WSD
Document 55
Filed 03/19/2007
Page 6 of 8
Not Applicable. (10) Attach for inspection and copying as under Fed. R. Civ. P. 34 any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse for payments to satisfy the judgment. (Attach copy of insurance agreement to Responses to Initial Disclosures as Attachment E.) Not Applicable. Respectfully submitted this 19th day of March, 2007. DUANE D. PRITCHETT CHIEF ASSISTANT COUNTY ATTORNEY Georgia Bar No. 588330 /s/ Brenda A. Raspberry BRENDA A. RASPBERRY ASSISTANT COUNTY ATTORNEY Georgia Bar No. 595130 Attorneys for Defendants PLEASE ADDRESS ALL COMMUNICATIONS TO: Brenda A. Raspberry Assistant County Attorney DeKalb County Law Department 1300 Commerce Drive, 5th Floor Decatur, GA 30030 (404) 371-3011 -6-
Case 1:06-cv-02954-WSD
Document 55
Filed 03/19/2007
Page 7 of 8
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION JAMES B. STEGEMAN, Plaintiff, v.
CIVIL ACTION FILE NO.
1:06-CV-2954-WSD DEKALB COUNTY THRU CEO VERNON JONES IN HIS OFFICIAL CAPACITY, DEKALB COUNTY, et al., Defendants. _______________________________ CERTIFICATE OF SERVICE I hereby certify that on March 19, 2007 I electronically filed DEFENDANTS DEKALB COUNTY, VERNON JONES, LT. HUGHETT, DENNIS CARLOCK, JUDGE JERYL DEBRA ROSH, DEKALB COUNTY FIRE & RESCUE AND DEKALB COUNTY PROBATE COURT’S RESPONSES TO INITIAL DISCLOSURES with the Clerk of Court using the CM/ECF system, which will automatically send email notification of such filing to the counsel of record as follows:
Case 1:06-cv-02954-WSD
Document 55
Filed 03/19/2007
Page 8 of 8
Matthew R. LaVallee, Esq. DALEY, KOSTER & LAVALLEE, LLC 2849 Paces Ferry Road Suite 160 Atlanta, GA 30339 Peter C. Brown, Esq. Richard A. Carothers, Esq. CAROTHERS & MITCHELL, LLC 278 West Main Street Buford, GA 30518 I hereby certify that a copy of the foregoing document has bent sent by U.S. mail to the following non-CM/ECF participant: James B. Stegeman Pro Se 821 Sheppard Road Stone Mountain, GA 30083 This is to further certify that the foregoing document was prepared using 14 pt Times New Roman font. This 19th day of March, 2007. /s/ Brenda A. Raspberry BRENDA A. RASPBERRY ASSISTANT COUNTY ATTORNEY Georgia Bar No. 595130
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