Dana McArthur v Chad Castleberry

Case 7:23-cv-00105-MTT Document 1 Filed 09/25/23

LAWSUIT FILED 09/25/2023 CASTLEBERRY RESIGNED 10/20/2023 Now ya know why he left his cozy chief spot!! See his state certification below. Once the court dismissed on statute of limitations he gets promoted again.. man.. that’s why I do what I do!

The image below is just a pacer page that displays basic info, I look for 1983 and disposition as seen below this case was closed on 06/24/24 in December of 2023 Castleberry started at the Moultrie Police Department in Georgia where is was quickly promoted to chief Jan 2024.

Cover sheet

THE COMPLAINT

ACKNOWLEDGMENT OF SERVICE OF SUMMONS AND COMPLAINT

MEMORANDUM IN SUPPORT OF THE MOTION TO DISMISS OF DEFENDANTS

CASTLEBERRY, ROBERTS, GREEN AND FUTCH

PLAINTIFF’S RESPONSE TO THE MOTION TO DISMISS

MOTION TO DISMISS PARTY

 REPLY TO RESPONSE TO MOTION

RESPONSE TO MOTION

REPLY TO RESPONSE TO MOTION

ORDER ON MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

(CASE DISMISSED) STATUTE OF LIMITATIONS, CUTE!

JUDGMENT

Clean text version / cellphone friendly Just the complaint

Plaintiff, Davis McArthur , is a mentally-ill individual who was declared legally incapacitated in Guardianship Order dated October 13, 2017 by the Probate Court of Cherokee. Andrea McArthur died on August 5, 2021. Since that time, Dana McArthur has served as Davis McArthur’s sole Guardian. In that capacity, Dana McArthur brings this suit, as Guardian, acting on behalf of Davis McArthur.

On August 27, 2019, the Adel Police Defendants, all acting under the ultimate direction and control of Defendant Chief Chad Castleberry, unlawfully terminated a properly-issued Involuntary Form 1013 Transport Order of Plaintiff Davis McArthur, thereby depriving him of the emergency medical care to which he was legally entitled.

 More specifically, the Adel Police Defendants violated Plaintiff’s clearly established State and Federal Constitutional right(s) to receive the emergency medical care ordered by qualified medical professionals through a lawfully-issued Form 1013 Involuntary Transport Order when said Defendants unlawfully terminated the Form 1013 emergency transport of Plaintiff, placing him under a racially- motivated arrest. 

The CCSO Defendants furthered and continued the violations of Plaintiff’s clearly established rights by confining Plaintiff, subjecting Plaintiff to humiliation and continuously depriving Plaintiff of any medical care

DETAILS

Davis McArthur is an individual who lacks legal capacity and who is under a court-ordered guardianship due to multiple mental illness(es). He brings this case by and through Dana McArthur, his Court-Appointed Guardian.

Chad Castleberry, is the Chief of the City of Adel Police Department, located in Cook County, Georgia. He is sued in his individual and official capacities.

Defendant John Gary Roberts was, at all material times, a Sergeant with the Adel Police Department, purporting to act under color of law. He is sued in his individual and official capacities.

Defendant Joel Futch was, at all material times, an officer with the Adel Police Department, purporting to act under color of law. He is sued in his individual and official capacities.

Defendant Taylor Green was, at all material times, an officer with the Adel Police Department, purporting to act under color of law. He is sued in his individual and official capacities.

Potential image of Green

https://www.facebook.com/photo.php?fbid=2070803806356287&set=pb.100002800621053.-2207520000&type=3

Defendant Douglas G. Hanks, was, at all material times, Sheriff of Cook County (Ga.), purporting to act under color of law. He is sued in his individual and official capacities.

Defendant(s) John Doe(s) and Jane Doe(s) are each unidentified employees of the Cook County, Georgia’s Sheriff’s Office who each participated in the processing and/or confinement of Plaintiff after Plaintiff was taken to the Cook County Jail. These unidentified Defendants are sued in their respective individual capacities and as employees of the Cook County Sheriff’s office operating in the course and scope of their employment. Complaint to properly identify said Defendants once their specific identities has been ascertained through discovery.

On the afternoon of August 26, 2019, Davis McArthur (“Davis”) became suicidal. He was taken from his group home to the Phoebe Sumter Regional Medical Center (“PSRMC”) in Americus, Georgia, where the medical staff examined him and issued a Form 1013 Involuntary Transport Order (“Order”) to facilitate his involuntary transport to the Greenleaf Psychiatric Hospital (the designated “emergency receiving facility” or “ERF”), located in Valdosta, Georgia—located about 2-hours away, where Davis would undergo the necessary examination and treatment for his emergency psychiatric crisis.

PSRMC arranged Davis’ Form 1013 involuntary transport3 –selecting Transcare Medical, LLC, (“Transcare”), a Georgia state-licensed EMS transport company regionally-headquartered in Adel, Cook County—to perform Davis’ transport using it’s professionally-trained crew of emergency medical technicians (“EMTs”).

After assuming Davis’ medical care, Transcare’s EMTs reviewed Davis’ medical records, checked the extensive bandages covering the self-inflicted cuts on Davis’ arms and began the transport.

Transcare then (wrongly) decided to stop along the route to Valdosta–in Adel, Cook County, Georgia—to effect a crew change, replacing Transcare’s initial attending-EMT, Christy Griffin, with another EMT, Diana Ray.

The Form 1013 Order, created pursuant to the statutory framework of the Georgia Mental Health Code, authorized and mandated Davis’ involuntary transport to the ERF, expressly referencing O.C.G.A. § 37-3-101 and several other statutes providing the statutory framework from Georgia’s Mental Health Code which for such emergency involuntary medical transfers. O.C.G.A. § 37-3-101 provides, in relevant part, that “…Persons providing transportation are authorized to transport a patient from a sending facility to a receiving facility but shall not release the patient under any circumstances except into the custody of the receiving facility….”

Griffin had been working more than 17 straight hours, and wanted to end her shift. From the start of Davis’ transport, Transcare’s fatigued EMT made almost no effort to provide care to Davis or to observe and attend to his escalating his level of anxiety and confusion.

By the time the ambulance reached Adel in the first minutes of the morning of August 27, 2019, and while Transcare’s staff hurriedly executed the staff substitution, Davis had relapsed into a highly agitated and irrational mental state.

A physical altercation ensued between Davis and the on-boarding EMT, Diana Ray.

Transcare’s paramedic-driver, Roosevelt Norwood, stopped the ambulance in a nearby parking lot and assumed Ray’s place in the altercation, while Ray called 911.

Adel Police Sgt. John Roberts (“Defendant Roberts”), arrived within minutes. He was closely followed by Defendant Futch and Defendant Green, as they quickly arrived on the scene. Without any investigation other that his his initial observation of Norwood (a uniformed Paramedic) lying on top of Davis (a young African American man, dressed only in a hospital gown, who’s arms were covered with bandages, scrapes and cuts), Defendant Roberts immediately ordered Defendants Futch and Green to seize Plaintiff, handcuff him, place him in the back of a City of Adel Police car and immediately transport him to the Cook County Jail.

Defendant made no effort or attempt to investigate and/or otherwise ascertain any of the relevant facts before ordering Davis’ arrest and removal from the scene.

Defendants Futch and Green complied, seizing Davis, handcuffing him, placing him in the back of their patrol car and, delivering him into the custody of Cook County Sheriff Douglas G. Hanks the Cook County Sheriff (Georgia) (i.e., at the Cook County Jail) for processing and further confinement–all while Defendant Roberts checked on Transcare’s EMT crew to see if they wanted or needed any medical attention.

Defendant Ray claims that she may have mentioned (i.e., to Defendant Roberts) that Davis was being transported under a Form 1013 Involuntary Transport Order, but Roberts adamantly claims such knowledge “would not have mattered to him or made any difference in how he had handled the situation.”

None of the Adel Police Defendants or CCSO Defendants involved in the arrest, booking or confinement of Davis ever offered Davis any medical treatment for his obvious wounds and/or any care for his obvious psychiatric crisis.

None of the Adel Police Defendants or CCSO Defendants made any effort to ascertain the nature/reason of/for Plaintiff’s EMS transport, Davis’ medical status, and/or the need for Davis’ continuing emergency care.

All of the Defendants knew or should have known that it was unlawful, under Georgia law, to interrupt or interfere with Davis’ emergency transport to the designated ERF (i.e., Greenleaf Hospital in Valdosta) and/or to otherwise deprive Davis of the emergency medical care mandated under the active Form 1013 Order.

Only after Plaintiff was removed from the scene, Sgt. Roberts approached the two (2) uniformed Transcare EMTs at the scene to take their cursory statements and offer them an opportunity for medical examination and treatment. After taking their (cursory) statements, Sgt. Roberts proceeded to the Cook County Jail, where Plaintiff was being processed/incarcerated. Plaintiff was never offered, and never received, any medical examination by the CCSO Defendants and, like the Adel Police Defendants, the CCSO Defendants made no effort to determine the nature and/or status of Plaintiff’s medical condition/status.

Instead, the CCSO Defendants took Plaintiff’s hospital gown from him, leaving him completely naked in a holding cell with other prisoners for several hours.

Eventually, Plaintiff was given prison coveralls and moved into the general population of the Cook County jail, where he remained, (i.e., untreated, under extreme mental stress and anxiety, and fear) for the next nine (9) days, until he was released after posting bail.

The actions of the Adel Police Defendants and the CCSO Defendants completely deprived Plaintiff of his clearly established statutory right(s) under the Georgia Mental Health Code, O.C.G.A. 37-1-1, et seq.

Any reasonable police officer or deputy sheriff, acting in the respective role(s) of the

Adel Police Defendants and/or the CCSO Defendants, would have clearly known and understood that it would be a violation of Plaintiff’s clearly established statutory and Constitutional rights to:

(a) interrupt Plaintiff’s Involuntary Emergency Form 1013 Transport,

(b) arrest and physically confine Plaintiff, a mentally ill person who was obviously in the middle of an EMS emergency transport, and who was obviously suffering from a clear and obvious psychiatric crisis,

(c) deprive Plaintiff of the emergency medical services for which Plaintiff had a statutory and Constitutional entitlement,

(d) further deprive Plaintiff of any medical examination and treatment for his obvious injuries, both at the time-of and after Plaintiff’s confinement in the Cook County Jail,

(e) humiliate and embarrass Plaintiff by removing his hospital gown, leaving him completely naked in a holding cell with other prisoners for several hours, and

(f) place Plaintiff in the general population of the Cook County Jail for a period of nine (9) days thereafter without proper medical attention.

Plaintiff contends that the deprivation of Plaintiff’s clearly established rights was, at least in part, racially motivated, and that such racial discrimination is part of a long-standing pattern of racial discrimination fostered and encouraged by the policies, procedures and administration of both the Adel Police Department and the Cook County Sheriff’s office.

Each of the Adel Police Defendants and CCSO Defendants acted, respectively, within the course and scope of their duties and responsibilities as employees of the respective City and County Departments, named herein, and in accordance with the racially discriminatory policies, procedures and administration of each such department, as well as in their individual capacities.

In this case, Plaintiff seeks monetary relief against each of the Defendants, in their
individual capacities, for the deprivation of Davis’ statutory and Constitutional rights, together with injunctive relief against the Defendants acting within their official capacities.

COUNT I – Violations Plaintiff’s Civil rights under of 42 U.S.C. §1983

Plaintiff re-alleges and incorporates, by reference, paragraphs 10 through 37, the same as if specifically set forth herein ver batim. Plaintiff claims damages under 42 U.S.C. § 1983 for the injuries set forth above against Defendants for violation of his constitutional rights under color of law.

The actions of Defendants violated the following clearly established and clearly

established rights of Plaintiff:

a. The right to be free from the unreasonable seizure of his person.

b. The right to be free from cruel and unusual punishment.

c. The right to receive the emergency care mandated by the Georgia Mental Health

Code, especially while Plaintiff was suffering from a psychiatric-suicidal crisis, including but not limited to the rights conferred upon Plaintiff under the Form 1013 Involuntary Transfer Order. The right to be free from racial discrimination in the administration of Georgia’s emergency medical services.

The right to be free from wrongful seizure, in Violation of 42 U.S.C. §1983.

The rights enumerated under U.S. Code Title 42, Chapter 21 (more specifically described below in Count II).

The rights granted to Plaintiff under Section 1, Paragraph XIII of the Georgia Constitution (i.e., regarding Unreasonable Searches and Seizures). The rights granted to Plaintiff under Section 1, Paragraph XVII of the Georgia Constitution regarding abusive arrests and/or abusive treatment while under arrest.

At all relevant times, Defendants were acting under color of law and under color of authority as police officers, employees, and agents or servants of the City of Adel, Georgia and Cook County, Georgia, respectively, and as agents of the State of Georgia.

Plaintiff contends that the deprivation of Plaintiff’s clearly established rights was, in part, racially motivated, and that such racial discrimination is part of a long-standing pattern of racial discrimination fostered and encouraged by the policies, procedures and administration of both the Adel Police Department and the Cook County Sheriff’s office.

Plaintiff contends that, under the direction and authority of Defendant Chad Castleberry, in his individual and official capacity as Chief of the City of Adel, Georgia Police Department, the statutory and Constitutional rights of persons suffering from mental illness and those suffering life-threatening psychiatric crises are systemically ignored and violated through

a. The absence of established or reasonable protocols within the Adel Police Department regarding the statutory and Constitutional rights of mentally ill individuals suffering in the midst of a severe psychiatric (i.e., suicidal) crisis;

b. The absence of any established or reasonable protocols within the Adel Police Department regarding the proper procedures for handling a patient made the subject of an involuntary Form 1013 Order

c. The absence of proper training concerning the rights and proper handling of mentally ill individuals suffering in the midst of a severe psychiatric (i.e., suicidal) crisis,

d. The absence of proper training concerning the legally-mandated procedures for handling a patient made the subject of an involuntary Form 1013 Order, and

e. The absence of proper supervision and oversight concerning the legally- mandated procedures for handling a patient made the subject of an involuntary Form 1013 Order.

Plaintiff contends that, under the direction and authority of Defendant Douglas G. Hanks, in his individual and official capacity as Sheriff of Cook County Georgia, the statutory and Constitutional rights of persons suffering from mental illness and those suffering life-threatening psychiatric crises are systemically ignored and violated through

a. The absence of established or reasonable protocols within the Cook County Sheriff’s Department, and particularly within the Cook County Jail, regarding the statutory and Constitutional rights of mentally ill individuals suffering in the midst of a severe psychiatric (i.e., suicidal) crisis;

b. The absence of any established or reasonable protocols within the Cook County Sheriff’s Department, and particularly within the Cook County Jail regarding the proper procedures for handling a person who has been made the subject of an uncompleted (i.e., not fully executed) involuntary Form 1013 Order

c. The absence of proper training concerning the rights and proper handling of mentally ill individuals suffering in the midst of a severe psychiatric (i.e., suicidal) crisis,

d. The absence of proper training concerning the legally-mandated procedures for handling a patient made the subject of an involuntary Form 1013 Order, and

e. The absence of proper supervision and oversight concerning the legally- mandated procedures for handling a patient made the subject of an involuntary As a result of the acts of all Defendants, Davis suffered the following injuries and damages:

a. Violation of his constitutional rights under the Fourth, Eighth and Fourteenth Amendments to the United Sates Constitution to be free from (1) unreasonable search and seizure of his person, (2) his right not to be subjected to cruel and unusual punishment and (3) his rights to be free from discrimination on the basis of his race;

b. Violation of his clearly established rights as a mentally ill individual suffering in the midst of a suicidal crisis,

c. Violation of his clearly established rights as an involuntary patient pursuant to Georgia’s Mental Health Code; more specifically, Davis’ rights as mentally ill individual suffering from an emergency psychiatric crisis–as clearly established within Georgia’s statutory framework for the provision of involuntary medical services (i.e., the Form 1013 Involuntary Transfer Order process) to such person(s).

d. Loss of his physical liberty for nine (9) days;

e. Intentional, offensive contact with his body and public embarrassment and humiliation;

f. Extreme mental anguish,

g. Post-Traumatic Stress Disorder,

h. The life-long stigma of having been arrested and incarcerated—and the loss and/or disqualification from housing and employment opportunities resulting therefrom, The overwhelming stress and financial expenses, over a period of more than two (2) years, of having to defend himself against two (2) felony charges and two (2) misdemeanor criminal charges charged by the City of Adel Police and prosecuted through a Cook County Grand Jury for more than two (2) years—including the angst, depression, anxiety, fear and stress over the fear of potential life-altering, long-term incarceration, and

j. Hedonic damages—i.e., the loss of Davis’ enjoyment and quality of life, directly and foreseeably caused by the conduct of all Defendants.

In addition to the monetary damages Davis seeks by virtue of the actions of the individual Defendants, specifically described above, Davis seeks injunctive relief against Chad Castleberry, Chief of the City of Adel Police Department and Douglas G. Hanks, Sheriff of Cook County, respectively, and all persons within the employ, direction and/or control of their respective Departments, from the continuation of the violative practices, policies, and standards and racially discriminatory actions described in paragraph nos. 55 and 56, above.

COUNT II – U.S. Code Title 42, Chapter 21

Plaintiff re-alleges and incorporates, by reference, paragraphs 10 through 37, the same as if specifically set forth herein verbatim. Plaintiff claims damages under U.S. Code Title 42, Chapter 21 against Defendants for the injuries set forth above, for unlawful racial discrimination against Plaintiff, and for violating Plaintiff’s right to public accommodations, specifically the right to receive the emergency medical care and treatment mandated under the Form 1013 Involuntary Transfer Order— including the right(s) (a) to be transported to the designated “Emergency Receiving Facility” at the Greenleaf Psychiatric Hospital in Valdosta, Georgia and (b) to receive an emergency medical assessment/examination and treatment from appropriately qualified and trained medical personnel.

Georgia law provides, in pertinent part, that “…[p]ersons providing transportation are authorized to transport a patient from a sending facility to a receiving facility but shall not release the patient under any circumstances except into the custody of the receiving facility.

O.C.G.A. § 37-3-101(b). By arresting and incarcerating Plaintiff, and interrupting the active

Emergency Form 1013 Transfer Order and failing/refusing to facilitate or assist in the uninterrupted delivery of Plaintiff to the designated “Emergency Receiving Facility” (“ERF”) specified in that Order, the Adel Police Defendants and the CCSO Defendants completely deprived Plaintiff of the continuing medical care to which he was both statutorily and constitutionally entitled.

Plaintiff had a clearly established legal right, under Georgia law, to be transported to the Form 1013-designated “receiving facility”, assessed and treated for his psychiatric-suicidal crisis, irrespective of whether the Adel Police Defendants believed he had allegedly committed any crimes.

Georgia law expressly provides for no exceptions or circumstances under which the medical examination and/or treatment specifically ordered under an Involuntary Emergency Form 1013 Transport Order for a mentally-ill, suicidal patient may be diverted, terminated or superseded by law enforcement.

Georgia law does, however, specifically provide and describe a statutory process for the release of such a patient to the custody of a law enforcement officer after the emergency services specified in the Form 1013 Order have been administered and the patient is determined to no longer be a danger to himself and/or others, after such an individual is no longer deemed to be a continuing threat of injury or harm to themselves or others.

The Adel Police Defendants failed to act within that statutory framework.

Similarly, by booking Plaintiff—when any reasonable person would have observed Plaintiff’s hospital gown and the self-inflicted wounds (and bloodied, bandaged cuts covering Plaintiff’s arms) would conclude that he was suffering from a severe mental health crisis, failing to inquire about the circumstances of Plaintiff’s arrest, failing to offer any medical examination or treatment to Plaintiff, and accepting Plaintiff for booking him into the Cook County Jail, the CCSO Defendants also violated the same statutory and constitutional rights of Plaintiff.

Georgia law expressly provides a statutory framework for situations in which the subject of a Form 1013 Order is charged with the commission of crime. It is patently obvious that neither the Adel Police Defendants nor the CCSO Defendants were either completely unfamiliar with Georgia law as it applies to the rights of mentally ill individuals and/or they had a conscious disregard for those fundamental rights.

Any reasonably trained and competent, similarly situated policeman and/or sheriff’s office employee would have recognized Plaintiff’s clearly established rights as well as their own respective legal duties to facilitate and not thwart the immediate transport of Plaintiff to the designated ERF, and/or at a minimum inquired about the existence of the Form 1013 Order.

Defendants each deprived Plaintiff of his rights based, at least in part, on the culture of racial discrimination against Plaintiff, an African American, which permeates both the City of Adel’s police department and Cook County’s sheriff’s department. Defendants acted in violation of Title 42, Chapter 21 of the U.S. Code which prohibits racial discrimination with respect to the provision of public accommodations, such as Georgia’s emergency medical transport services under its Form 1013 process.

Plaintiff claims damages under Title 42, Chapter 21 of the U.S. Code for the injuries set forth, above, against all Defendants for violation of his constitutional rights while purporting to act under color of law. Plaintiff expressly adopts and incorporates the specific list of damages set forth, above, in paragraph no. 36, by reference, the same as if set forth at length within this Count II.

In addition to the monetary damages Davis seeks by virtue of the actions of the individual Defendants, specifically described above in paragraph no. 36, Davis seeks injunctive relief against Chad Castleberry, Chief of the City of Adel Police Department and Douglas G. Hanks, Sheriff of Cook County, respectively, and all persons within the employ, direction and/or control of their respective Departments, from the continuation of the violative practices, policies, and standards and racially discriminatory actions described in paragraph nos. 55 and 56, above.

COUNT III – Injunctive Relief Regarding the Unlawful Racial Discrimination – and/or – Against Mentally Ill Person’s Suffering from a Psychiatric Crisis

Plaintiff re-alleges and incorporates, by reference, paragraphs 10 through 37, the same as if specifically set forth herein verbatim. The facts giving rise to Plaintiff’s claims by both the Adel Police Defendants and the Cook County Sheriff’s Office Defendants evidence and reveal a startling absence of clear policies, training, administration, supervision and oversight regarding the clearly established legal and constitutional rights of mentally ill and/or suicidal persons in Georgia.

Neither the Adel Police Defendants nor the CCSO Defendants evidences any comprehension, awareness or training regarding the Georgia law(s) pertaining to Georgia’s statutory framework for Form 1013 Orders.

The wrongful arrest and subsequent incarceration of Plaintiff, without any probable cause, on the basis of sight, alone, also evidences a pattern or practice of racial discrimination against African American individuals.

This systemic racial bias within the Adel Police Department, particularly, was revealed just weeks after this incident when Sgt. Roberts’ employment was terminated for publicly- stated, inappropriate racial slurs towards African Americans.

Plaintiff seeks injunctive relief against both Defendants Castleberry and Hanks, as the respective senior officers of the Adel Police Department and Cook County Sheriff’s Office, respectively, against the deprivation of the rights of suicidal, mentally ill individuals who have been made the subject of an Emergency Involuntary Form 1013 Order. Specifically, Plaintiff seeks injunctive relief:

a. Requiring the thorough and proper training of all Adel policemen and Cook County Sheriff’s deputies and employees concerning the proper implementation and effectuation of an Emergency Involuntary Form 1013 Order in Georgia,

b. Requiring both Defendants Chief Castleberry and Sheriff Hanks to develop and implement adequate training, policies, practices and oversight to assure the proper handling of mentally ill and/or suicidal individuals in conformity with the rights of such individuals under the Georgia Mental Health Code, and

c. Prohibiting any Adel policemen and/or Cook County Sheriff’s deputies from taking any action terminating (and/or cooperating with or assisting any other party, including any licensed EMR transport company, such as Transcare Medical, LLC, in the termination of) any active Emergency Involuntary Form 1013 Order.

The wrongful arrest and subsequent incarceration of Plaintiff, without any probable cause, on the basis of sight, alone, evidences that it has been the policy and/or custom of the Adel Police Department to disregard and/or completely ignore the clearly established rights of mentally ill and/or suicidal persons by the Defendants’ failure(s) to exercise reasonable care in the hiring, training and/or supervision of its police officers and sheriff’s employees.

Plaintiff also seeks injunctive relief that neither Defendant Chief Castleberry and/or Defendant Sheriff Hanks, shall allow anyone from their respective Departments to be placed in active service unless and until such officers/deputies/employees have received proper training in the clearly established rights of mentally ill and/or suicidal persons who said officers/deputies/employees may encounter in the scope and course of their employment by either Department.

COUNT IV – Request for Relief Under the Federal Declaratory Judgments Act – 28U.S. Code § 2201

In addition to the afore-stated claims, Plaintiff seeks Declaratory Relief, pursuant to 28 U.S. Code § 2201, for declaratory relief, specifically finding that, at all material times Plaintiff had the statutory right:

a. to receive an emergency medical assessment and treatment by the Form 1013 Involuntary Transfer Order’s designated “Emergency Receiving Facility”,

b. to be transported, without interruption or delay, directly to the Greenleaf Psychiatric Hospital, and

c. to remain in the medical care, custody and/or control of Transcare (i.e., without interference, interruption or termination of that custody) until Plaintiff was released into the care of the designated Emergency Receiving Facility pursuant to O.C.G.A. § 37-3-101 and as stated on the face of the Form 1013 Order.

Plaintiff seeks a recovery of reasonable attorney’s fees in accordance with the provisions of the Federal Declaratory Judgments Act , 28 U.S. Code § 2201, et seq. WHEREFORE, Plaintiff respectfully requests that this Court:

A. Enter judgment in favor of Plaintiff and against Defendants upon each claim stated herein;

B. Award Plaintiff compensatory damages against Defendants, in such amounts are determined by the trier of fact;

C. Award Plaintiff’s counsel reasonable attorneys’ fees, expert fees and costs pursuant to 42 U.S.C. § 1988, 28 U.S. Code § 2201, et seq. and/or any other applicable provision under the law;

D. Award Plaintiff the Declaratory Relief requested herein;

E. Enter injunctive relief, as specifically described hereinabove; and

F. Grant to Plaintiff such other and further relief as may be just and proper under the circumstances, including but not limited to appropriate injunctive relief.

JURY TRIAL DEMAND

Plaintiff demands a jury trial, pursuant to the Seventh Amendment to the Constitution of the United States, as to all claims for damages. This 25th day of September 2023.

CONCLUSION

For the foregoing reasons, the Court GRANTS Defendants’ motions to dismiss. Finding Plaintiff failed to file this lawsuit within the applicable statute of limitations, the Court dismisses Plaintiff’s claims arising under 42 U.S.C. §§ 1981 and 1983 with prejudice. The Court dismisses without prejudice Plaintiff’s claims for discrimination in a place of public accommodation and for injunctive and declaratory relief for failure to state a claim.

SO ORDERED this 4th day of June, 2024. Pursuant to this Court’s Order dated June 4, 2024, and for the reasons stated therein, JUDGMENT is hereby entered dismissing this case. This 4th day of June, 2024.

CHATGPT – give case law for as much as possible and create a framework for a template for a 1983 template..

Certainly! Below is a template for a 42 U.S.C. § 1983 complaint with case law references for each relevant section. This template provides a structured approach for filing a § 1983 civil rights lawsuit, including detailed headings and sections that can be filled in with specific facts and legal arguments related to the case.

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IN THE UNITED STATES DISTRICT COURT

FOR THE [DISTRICT NAME] DISTRICT OF [STATE]

PLAINTIFF’S COMPLAINT FOR VIOLATION OF CIVIL RIGHTS UNDER 42 U.S.C. § 1983

I. INTRODUCTION

1. Nature of the Action
   • This is a civil rights action brought under 42 U.S.C. § 1983 to redress the deprivation by Defendants, acting under color of state law, of rights, privileges, and immunities secured to Plaintiff by the Constitution and laws of the United States.

II. JURISDICTION AND VENUE

2. Jurisdiction
   • This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1343(a)(3) and (4) as this action arises under the Constitution and laws of the United States.
   • Case Law: Bell v. Hood, 327 U.S. 678, 681-82 (1946).
3. Venue
   • Venue is proper in this Court under 28 U.S.C. § 1391(b) because the events or omissions giving rise to the claim occurred in this district.
   • Case Law: Decker Coal Co. v. Commonwealth Edison Co., 805 F.2d 834, 842 (9th Cir. 1986).

III. PARTIES

4. Plaintiff
   • Plaintiff, [Plaintiff’s Name], is a resident of [City, State], and at all relevant times was a [describe status, e.g., mentally ill individual under guardianship].
5. Defendants
   • Defendant [Defendant’s Name], is [position, e.g., Chief of Police, Sheriff, etc.], and is sued in [his/her] individual and official capacities.
   • Case Law: Hafer v. Melo, 502 U.S. 21, 25 (1991).

IV. FACTUAL ALLEGATIONS

6. Background and Incidents Leading to Claims
   • Plaintiff re-alleges and incorporates herein by reference the preceding paragraphs of this Complaint.
   • On [date], Plaintiff was subjected to [describe incidents in detail, e.g., unlawful arrest, denial of medical care].
7. Specific Acts of Defendants
   • Defendant [Name] engaged in conduct that violated Plaintiff’s constitutional rights by [specific acts, e.g., arresting without probable cause, using excessive force].
   • Case Law: Terry v. Ohio, 392 U.S. 1, 20-21 (1968) (unreasonable seizures).

V. CAUSES OF ACTION

COUNT I – VIOLATION OF CIVIL RIGHTS UNDER 42 U.S.C. § 1983

8. Fourth Amendment – Unreasonable Search and Seizure
   • Defendants, acting under color of state law, violated Plaintiff’s Fourth Amendment right to be free from unreasonable searches and seizures.
   • Case Law: Graham v. Connor, 490 U.S. 386, 395 (1989).
9. Eighth Amendment – Cruel and Unusual Punishment
   • Defendants subjected Plaintiff to cruel and unusual punishment, violating Plaintiff’s Eighth Amendment rights.
   • Case Law: Estelle v. Gamble, 429 U.S. 97, 104 (1976).
10. Fourteenth Amendment – Due Process and Equal Protection
    • Defendants violated Plaintiff’s Fourteenth Amendment rights to due process and equal protection of the laws.
    • Case Law: Monroe v. Pape, 365 U.S. 167, 172 (1961).

COUNT II – VIOLATION OF CIVIL RIGHTS UNDER 42 U.S.C. § 1983 (FAILURE TO TRAIN/SUPERVISE)

11. Failure to Train
    • Defendant [Name] failed to properly train and supervise subordinates, resulting in the violation of Plaintiff’s constitutional rights.
    • Case Law: City of Canton v. Harris, 489 U.S. 378, 388 (1989).
12. Failure to Supervise
    • Defendant [Name] knew or should have known of the need for more or different training and/or supervision.
    • Case Law: Connick v. Thompson, 563 U.S. 51, 61 (2011).

VI. INJURIES

13. Injuries Sustained by Plaintiff
    • As a direct and proximate result of Defendants’ actions, Plaintiff suffered [describe injuries, e.g., physical harm, emotional distress].
    • Case Law: Carey v. Piphus, 435 U.S. 247, 258-59 (1978).

VII. PRAYER FOR RELIEF

14. Compensatory Damages
    • Plaintiff seeks compensatory damages in an amount to be proven at trial.
    • Case Law: Memphis Community School Dist. v. Stachura, 477 U.S. 299, 307 (1986).
15. Punitive Damages
    • Plaintiff seeks punitive damages against Defendants in their individual capacities.
    • Case Law: Smith v. Wade, 461 U.S. 30, 56 (1983).
16. Injunctive Relief
    • Plaintiff seeks injunctive relief to prevent Defendants from continuing the unlawful practices.
    • Case Law: Los Angeles v. Lyons, 461 U.S. 95, 111 (1983).
17. Attorneys’ Fees and Costs
    • Plaintiff seeks attorneys’ fees and costs pursuant to 42 U.S.C. § 1988.
    • Case Law: Hensley v. Eckerhart, 461 U.S. 424, 429 (1983).

VIII. DEMAND FOR JURY TRIAL

18. Jury Demand
    • Plaintiff demands a trial by jury on all issues so triable.

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Respectfully submitted,

[Attorney’s Name]
[Law Firm Name]
[Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Attorney for Plaintiff]

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This template can be customized to fit the specific facts and circumstances of a case. The case law cited provides legal precedent to support various claims under § 1983, ensuring the complaint is grounded in established legal principles.

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Disclaimer: This webpage is not an official government page or an emergency line. It is dedicated to displaying information about police misconduct and naming the agencies involved. The content provided here is for informational purposes only and does not constitute official records or legal advice. In case of an emergency, please contact your local authorities or dial 911. For official information, please refer to the appropriate government or law enforcement websites.

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