Case: Diamond v. Ward

U.S. District Court for the Northern District of Georgia

COMPLAINT filed by Ashley Diamond. (Filing fee $400.00, receipt number AGANDC-10405699) (Attachments: # 1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from gand on 12/1/2020.] (Entered: 11/23/2020)

1 Civil Cover Sheet

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EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/28/20. (eop) [Transferred from gand on 12/1/2020.] (Entered: 11/23/2020)

-DOCKETED IN ERROR -DUPLICATE ENTRY-EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/28/20. (eop) Modified on 11/23/2020 (eop). [Transferred from gand on 12/1/2020.] (Entered: 11/23/2020)

Certificate of Interested Persons by Ashley Diamond. (eop) [Transferred from gand on 12/1/2020.] (Entered: 11/23/2020)

APPLICATION for Admission of Andrea Chinyere Ezie Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10408537).by Ashley Diamond. (Littrell, Elizabeth) Documents for this entry are not available for viewing outside the courthouse. [Transferred from gand on 12/1/2020.] (Entered: 11/23/2020)

REMARK:

Submission of 1 Complaint for Review, to Magistrate Judge Catherine M. Salinas. (eop) [Transferred from gand on 12/1/2020.]

APPLICATION for Admission of Maya Rajaratnam Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10412452).by Ashley Diamond. (Littrell, Elizabeth) Documents for this entry are not available for viewing outside the courthouse. [Transferred from gand on 12/1/2020.] (Entered: 11/24/2020)

APPLICATION for Admission of Tyler Rose Clemons Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10412465).by Ashley Diamond. (Littrell, Elizabeth) Documents for this entry are not available for viewing outside the courthouse. [Transferred from gand on 12/1/2020.] (Entered: 11/24/2020)

Application for Refund of Fees paid online through Pay.gov for receipt number AGANDC-10405699. (Littrell, Elizabeth) [Transferred from gand on 12/1/2020.] (Entered: 11/24/2020)

Letter

Clerks Notation re 4 Certificate of Interested Persons. Read and approved by LMM. (bnp) [Transferred from gand on 12/1/2020.]

Clerks Approval re 8 Application for Refund of Fees paid online. (mec) [Transferred from gand on 12/1/2020.]

ADR - Miscellaneous

ORDER: IT IS ORDERED that this action is hereby TRANSFERRED to the UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA, THE MACON DIVISION, along with all orders, motions, affidavits, pleadings and exhibits (if any) filed herein. Signed by Magistrate Judge Catherine M. Salinas on 12/1/2020. (tmf) [Transferred from gand on 12/1/2020.] (Entered: 12/01/2020)

Case transferred in District Transfer from District of Georgia Northern; Case Number 1:20-cv-04764. Original file certified copy of transfer order and docket sheet received. **The Notice of Electronic Filing serves as certification for these transferred documents.** (Entered: 12/01/2020)

Case ASSIGNED to CHIEF DISTRICT JUDGE MARC T TREADWELL. (vs)

Letter

Civil Case Terminated. Magistrate Judge Catherine M. Salinas terminated from case. (tmf) [Transferred from gand on 12/1/2020.]

Terminated Case

Case Assigned/Reassigned

APPROVAL by Clerks Office re: 7 APPLICATION for Admission of Tyler Rose Clemons Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10412465).. Attorney Tyler Rose Clemons added appearing on behalf of Ashley Diamond (nmb) [Transferred from gand on 12/1/2020.]

APPROVAL by Clerks Office re: 5 APPLICATION for Admission of Andrea Chinyere Ezie Pro Hac Vice (Application fee $ 150, receipt number AGANDC-10408537).. Attorney Andrea Chinyere Ezie added appearing on behalf of Ashley Diamond (nmb) [Transferred from gand on 12/1/2020.]

NOTICE TO COUNSEL Andrea Chinyere Ezie, Tyler Rose Clemons, MAYA GYAN RAJARATNAM - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled.(tam)

Notice to Attorney Re: Admissions Requirement

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by All Plaintiffs Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3642890, $100. LOCAL COUNSEL Name and Georgia Bar #: Elizabeth Littrell, Ga. Bar No. 454949. (Attachments: # 1 Certificate of Good Standing)(EZIE, ANDREA) (Entered: 12/03/2020)

1 Certificate of Good Standing

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Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by ANDREA CHINYERE EZIE (nop) (Entered: 12/03/2020)

WAIVER OF SERVICE Returned Executed by ARETHA SMITH. as to ARETHA SMITH (McGovern, Annarita) (Entered: 12/14/2020)

WAIVER OF SERVICE Returned Executed by ASHLEY DIAMOND. as to AHMED HOLT (EZIE, ANDREA) (Entered: 12/16/2020)

WAIVER OF SERVICE Returned Executed by ASHLEY DIAMOND. as to BENJAMIN FORD (EZIE, ANDREA) (Entered: 12/16/2020)

WAIVER OF SERVICE Returned Executed by ASHLEY DIAMOND. as to BROOKS BENTON (EZIE, ANDREA) (Entered: 12/16/2020)

WAIVER OF SERVICE Returned Executed by ASHLEY DIAMOND. as to GRACE ATCHISON (EZIE, ANDREA) (Entered: 12/16/2020)

WAIVER OF SERVICE Returned Executed by ASHLEY DIAMOND. as to JAVEL JACKSON (EZIE, ANDREA) (Entered: 12/16/2020)

WAIVER OF SERVICE Returned Executed by ASHLEY DIAMOND. as to LACHESHA SMITH (EZIE, ANDREA) (Entered: 12/16/2020)

WAIVER OF SERVICE Returned Executed by ASHLEY DIAMOND. as to JACK SAULS (EZIE, ANDREA) (Entered: 12/16/2020)

WAIVER OF SERVICE Returned Executed by ASHLEY DIAMOND. as to ROBERT TOOLE (EZIE, ANDREA) (Entered: 12/16/2020)

WAIVER OF SERVICE Returned Executed by ASHLEY DIAMOND. as to RODNEY JACKSON (EZIE, ANDREA) (Entered: 12/16/2020)

WAIVER OF SERVICE Returned Executed by ASHLEY DIAMOND. as to SHARON LEWIS (EZIE, ANDREA) (Entered: 12/16/2020)

WAIVER OF SERVICE Returned Executed by ASHLEY DIAMOND. as to TIMOTHY WARD (EZIE, ANDREA) (Entered: 12/16/2020)

MOTION for Extension of Time to File Application for Admission Pro Hac Vice for Attorney Tyler Rose Clemons. by ASHLEY DIAMOND filed by Elizabeth Littrell. (Attachments: # 1 Affidavit of Tyler Rose Clemons)(Littrell, Elizabeth) (Entered: 12/16/2020)

1 Affidavit of Tyler Rose Clemons

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PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by ASHLEY DIAMOND Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3657194, $100. LOCAL COUNSEL Name and Georgia Bar #: Elizabeth Littrell, Ga. Bar No. 454949. (Attachments: # 1 Certificate of Good Standing Maya Gyan Rajaratnam)(EZIE, ANDREA) (Entered: 12/16/2020)

1 Certificate of Good Standing Maya Gyan Rajaratnam

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This is a text only entry; no document issued. ORDER GRANTING 25 Motion for Extension of Time. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 12/17/2020. (wbm) (Entered: 12/17/2020)

Order on Motion for Extension of Time (Misc)

Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by MAYA GYAN RAJARATNAM (nop) (Entered: 12/18/2020)

PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by ASHLEY DIAMOND Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3661364, $100. LOCAL COUNSEL Name and Georgia Bar #: Elziabeth Littrell, 454949. (Attachments: # 1 Certificate of Good Standing EDLa COGS of Tyler Rose Clemons)(CLEMONS, TYLER) (Entered: 12/21/2020)

1 Certificate of Good Standing EDLa COGS of Tyler Rose Clemons

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Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by TYLER ROSE CLEMONS (nop) (Entered: 12/21/2020)

ANSWER to Complaint by ARETHA SMITH with Jury Demand.(McGovern, Annarita) (Entered: 01/26/2021)

NOTICE of Attorney Appearance by JOSHUA KYLE BROOKS on behalf of GRACE ATCHISON, BROOKS BENTON, BENJAMIN FORD, AHMED HOLT, JAVEL JACKSON, RODNEY JACKSON, SHARON LEWIS, JACK SAULS, LACHESHA SMITH, ROBERT TOOLE, TIMOTHY WARD Attorney JOSHUA KYLE BROOKS added to party GRACE ATCHISON(pty:dft), Attorney JOSHUA KYLE BROOKS added to party BROOKS BENTON(pty:dft), Attorney JOSHUA KYLE BROOKS added to party BENJAMIN FORD(pty:dft), Attorney JOSHUA KYLE BROOKS added to party AHMED HOLT(pty:dft), Attorney JOSHUA KYLE BROOKS added to party JAVEL JACKSON(pty:dft), Attorney JOSHUA KYLE BROOKS added to party RODNEY JACKSON(pty:dft), Attorney JOSHUA KYLE BROOKS added to party SHARON LEWIS(pty:dft), Attorney JOSHUA KYLE BROOKS added to party JACK SAULS(pty:dft), Attorney JOSHUA KYLE BROOKS added to party LACHESHA SMITH(pty:dft), Attorney JOSHUA KYLE BROOKS added to party ROBERT TOOLE(pty:dft), Attorney JOSHUA KYLE BROOKS added to party TIMOTHY WARD(pty:dft)(BROOKS, JOSHUA) (Entered: 01/27/2021)

MOTION for Extension of Time to File Answer re 1 Complaint, by GRACE ATCHISON, BROOKS BENTON, BENJAMIN FORD, AHMED HOLT, JAVEL JACKSON, RODNEY JACKSON, SHARON LEWIS, JACK SAULS, LACHESHA SMITH, ROBERT TOOLE, TIMOTHY WARD filed by JOSHUA KYLE BROOKS. (Attachments: # 1 Proposed Order)(BROOKS, JOSHUA) (Entered: 01/27/2021)

1 Proposed Order

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This is a text only entry; no document issued. ORDER GRANTING 33 Motion for Extension of Time to File Answer. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 1/28/2021. (wbm) (Entered: 01/28/2021)

Order on Motion for Extension of Time to Answer

ANSWER to Complaint by GRACE ATCHISON, BROOKS BENTON, BENJAMIN FORD, AHMED HOLT, JAVEL JACKSON, RODNEY JACKSON, SHARON LEWIS, JACK SAULS, LACHESHA SMITH, ROBERT TOOLE, TIMOTHY WARD with Jury Demand.(BROOKS, JOSHUA) (Entered: 02/16/2021)

AMENDED 1 Complaint, against All Defendants by ASHLEY DIAMOND (Littrell, Elizabeth) (Entered: 02/16/2021)

UNOPPOSED MOTION for Extension of Time to File Answer re 36 Amended Complaint/Petition by GRACE ATCHISON, BROOKS BENTON, BENJAMIN FORD, AHMED HOLT, JAVEL JACKSON, RODNEY JACKSON, SHARON LEWIS, JACK SAULS, LACHESHA SMITH, ROBERT TOOLE, TIMOTHY WARD filed by JOSHUA KYLE BROOKS. (Attachments: # 1 Proposed Order)(BROOKS, JOSHUA) (Entered: 02/26/2021)

1 Proposed Order

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ANSWER to 36 Amended Complaint/Petition by ARETHA SMITH with Jury Demand. Related document: 36 Amended Complaint/Petition filed by ASHLEY DIAMOND.(McGovern, Annarita) (Entered: 03/01/2021)

This is a text only entry; no document issued. ORDER GRANTING 37 Motion for Extension of Time to Answer. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 3/1/2021. (wbm) (Entered: 03/01/2021)

Order on Motion for Extension of Time to Answer

RULES 16/26 ORDER: Proposed Scheduling/Discovery order due by 4/8/2021. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 3/8/2021. (Attachments: # 1 Required Form)(kat) (Entered: 03/08/2021)

1 Required Form

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ANSWER to 36 Amended Complaint/Petition by GRACE ATCHISON, BROOKS BENTON, BENJAMIN FORD, AHMED HOLT, JAVEL JACKSON, RODNEY JACKSON, SHARON LEWIS, JACK SAULS, LACHESHA SMITH, ROBERT TOOLE, TIMOTHY WARD with Jury Demand. Related document: 36 Amended Complaint/Petition filed by ASHLEY DIAMOND.(BROOKS, JOSHUA) (Entered: 03/09/2021)

NOTICE of Attorney Appearance by ROBERT B. SHAPIRO on behalf of GRACE ATCHISON, BROOKS BENTON, BENJAMIN FORD, AHMED HOLT, JAVEL JACKSON, RODNEY JACKSON, SHARON LEWIS, JACK SAULS, LACHESHA SMITH, ROBERT TOOLE, TIMOTHY WARD Attorney ROBERT B. SHAPIRO added to party GRACE ATCHISON(pty:dft), Attorney ROBERT B. SHAPIRO added to party BROOKS BENTON(pty:dft), Attorney ROBERT B. SHAPIRO added to party BENJAMIN FORD(pty:dft), Attorney ROBERT B. SHAPIRO added to party AHMED HOLT(pty:dft), Attorney ROBERT B. SHAPIRO added to party JAVEL JACKSON(pty:dft), Attorney ROBERT B. SHAPIRO added to party RODNEY JACKSON(pty:dft), Attorney ROBERT B. SHAPIRO added to party SHARON LEWIS(pty:dft), Attorney ROBERT B. SHAPIRO added to party JACK SAULS(pty:dft), Attorney ROBERT B. SHAPIRO added to party LACHESHA SMITH(pty:dft), Attorney ROBERT B. SHAPIRO added to party ROBERT TOOLE(pty:dft), Attorney ROBERT B. SHAPIRO added to party TIMOTHY WARD(pty:dft)(SHAPIRO, ROBERT) (Entered: 03/24/2021)

CONSENT MOTION for Leave to File Excess Pages for Plaintiff's Forthcoming Motion for Preliminary Injunction against Defendants Ward, Lewis, J. Jackson, Holt, Toole, Ford, Benton, Atchison and Sauls by ASHLEY DIAMOND filed by ANDREA CHINYERE EZIE.(EZIE, ANDREA) (Entered: 03/26/2021)

This is a text only entry; no document issued. ORDER GRANTING 43 Motion for Leave to File Excess Pages. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 3/29/2021. (wbm) (Entered: 03/29/2021)

Notice of Hearing

NOTICE OF SETTING Hearing. Status Conference set for 4/5/2021 at 3:00 PM in Macon before CHIEF DISTRICT JUDGE MARC T TREADWELL. Hearing will occur via VIDEOCONFERENCE. Counsel will receive connection information by separate email. Interested parties may obtain dial information by emailing macon.ecf@gamd.uscourts.gov. (kat)

Order on Motion for Leave to File Excess Pages

NOTICE of Attorney Appearance by ROGER ALLAN CHALMERS on behalf of GRACE ATCHISON, BROOKS BENTON, BENJAMIN FORD, AHMED HOLT, JAVEL JACKSON, RODNEY JACKSON, SHARON LEWIS, JACK SAULS, LACHESHA SMITH, ROBERT TOOLE, TIMOTHY WARD Attorney ROGER ALLAN CHALMERS added to party GRACE ATCHISON(pty:dft), Attorney ROGER ALLAN CHALMERS added to party BROOKS BENTON(pty:dft), Attorney ROGER ALLAN CHALMERS added to party BENJAMIN FORD(pty:dft), Attorney ROGER ALLAN CHALMERS added to party AHMED HOLT(pty:dft), Attorney ROGER ALLAN CHALMERS added to party JAVEL JACKSON(pty:dft), Attorney ROGER ALLAN CHALMERS added to party RODNEY JACKSON(pty:dft), Attorney ROGER ALLAN CHALMERS added to party SHARON LEWIS(pty:dft), Attorney ROGER ALLAN CHALMERS added to party JACK SAULS(pty:dft), Attorney ROGER ALLAN CHALMERS added to party LACHESHA SMITH(pty:dft), Attorney ROGER ALLAN CHALMERS added to party ROBERT TOOLE(pty:dft), Attorney ROGER ALLAN CHALMERS added to party TIMOTHY WARD(pty:dft)(CHALMERS, ROGER) (Entered: 03/31/2021)

Minute Entry (content for administrative purposes only) for proceedings held before CHIEF DISTRICT JUDGE MARC T TREADWELL: Status Conference held on 4/5/2021. Court Reporter: Darlene Fuller. (kat) (Entered: 04/06/2021)

SCHEDULING/DISCOVERY ORDER: Discovery to be complete by 1/3/2022. Dispositive and Daubert motions due by 3/4/2022. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 4/8/2021. (kat) (Entered: 04/08/2021)

This is a text only entry; no document issued.ORDER: To protect confidentiality, the parties may substitute pseudonyms for the names of affiants or declarants and docket those affidavits and declarations in the public record. Unredacted versions shall be docketed with access restricted to the parties. Medical records shall be docketed with access restricted to the parties. The Court will address issues of public access as necessary. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 4/8/2021. (kat) (Entered: 04/08/2021)

Order

MOTION to Seal Document(s) by ASHLEY DIAMOND filed by Elizabeth Littrell.(Littrell, Elizabeth) (Entered: 04/09/2021)

MOTION for Preliminary Injunction by ASHLEY DIAMOND filed by MAYA GYAN RAJARATNAM. re: 44 ORDER GRANTING 43 Motion for Leave to File Excess Pages (Attachments: # 1 Memorandum in Support of Motion for Preliminary Injunction)(RAJARATNAM, MAYA) Modified on 4/9/2021 to add docket text (tam). (Entered: 04/09/2021)

1 Memorandum in Support of Motion for Preliminary Injunction

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MOTION for Protective Order by ASHLEY DIAMOND filed by MAYA GYAN RAJARATNAM. (Attachments: # 1 Memorandum in Support of Motion for Protective Order)(RAJARATNAM, MAYA) (Entered: 04/09/2021)

1 Memorandum in Support of Motion for Protective Order

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AFFIDAVIT re 51 MOTION for Protective Order, 50 MOTION for Preliminary Injunction Declaration of Ashley Diamond by ASHLEY DIAMOND (EZIE, ANDREA) (Entered: 04/09/2021)

AFFIDAVIT re 51 MOTION for Protective Order, 50 MOTION for Preliminary Injunction Declaration of John Doe by ASHLEY DIAMOND (EZIE, ANDREA) (Entered: 04/09/2021)

AFFIDAVIT re 51 MOTION for Protective Order Declaration of Maya G. Rajaratnam by ASHLEY DIAMOND (RAJARATNAM, MAYA) (Entered: 04/09/2021)

AFFIDAVIT re 51 MOTION for Protective Order, 50 MOTION for Preliminary Injunction Declaration of J. Blake Duckworth by ASHLEY DIAMOND (RAJARATNAM, MAYA) (Entered: 04/09/2021)

AFFIDAVIT re 51 MOTION for Protective Order, 50 MOTION for Preliminary Injunction Declaration of James Aiken by ASHLEY DIAMOND (Attachments: # 1 Exhibit A: Curriculum Vitae, # 2 Exhibit B: Materials Considered, # 3 Exhibit C: 2009 National PREA Commission Report)(RAJARATNAM, MAYA) (Entered: 04/09/2021)

1 Exhibit A: Curriculum Vitae

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2 Exhibit B: Materials Considered

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3 Exhibit C: 2009 National PREA Commission Report

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AFFIDAVIT re 50 MOTION for Preliminary Injunction, 51 MOTION for Protective Order Declaration of A. Chinyere Ezie by ASHLEY DIAMOND (Attachments: # 1 Exhibit 1: Georgia Department of Corrections (GDC) Mental Health and Mental Services Referral dated May 24, 2012, documenting Ms. Diamonds earliest sexual assault in GDC custody., # 2 Exhibit 2: GDC Mental Health Sexual Allegation Evaluation dated May 5, 2015, detailing Ms. Diamonds history of ongoing sexual assault in GDC custody., # 3 Exhibit 3: GDC Mental Health Evaluation for Services by S. Bell, LMSW, dated October 29, 2019, assessing Ms. Diamond as part of GDCs intake process and noting her history of assault and abuse in her prior incarceration, her ongoing safety concerns, and her diagnoses for gender dysphoria and PTSD., # 4 Exhibit 4: Mental Health Reception Screen Form by S. Bell, LMSW, dated October 29, 2019, noting that Ms. Diamond is transgender and that she has a history of self-injury and suicide attempts., # 5 Exhibit 5: PREA assessment of June 2020 completed by Ms. Diamond upon arrival at Coastal State Prison, reflecting that she is a transgender PREA victim with a history of abuse and attacks in prison., # 6 Exhibit 6: Ms. Diamonds Notice of Violations to GDC dated May 1, 2020, reporting staff sexual abuse under PREA and healthcare deprivations., # 7 Exhibit 7: Ms. Diamonds Notice of Violations to GDC dated May 20, 2020, reporting additional sexual assaults under PREA., # 8 Exhibit 8: Ms. Diamonds Notice of Violations to GDC dated June 3, 2020, reporting staff retaliation and requesting that her lawyers participate in PREA interviews., # 9 Exhibit 9: Ms. Diamonds Notice of Violations to GDC dated July 2, 2020, reporting staff abuse under PREA and healthcare deprivations., # 10 Exhibit 10: Ms. Diamonds Notice of Violations to GDC dated July 20, 2020, reporting sexual assault under PREA and healthcare deprivations., # 11 Exhibit 11: Ms. Diamonds Notice of Violations to GDC dated September 29, 2020, reporting sexual assaults under PREA and the role of Coastal staff., # 12 Exhibit 12: Ms. Diamonds Notice of Violations to GDC dated October 23, 2020, reporting additional sexual assaults under PREA and the role of Coastal staff., # 13 Exhibit 13: Ms. Diamonds Notice of Violations to GDC dated November 2, 2020, reporting suicide attempt., # 14 Exhibit 14: Ms. Diamonds Notice of Violations to GDC dated November 6, 2020, reporting suicide attempt., # 15 Exhibit 15: Mental Health Initial Sexual Allegation Evaluation by counselor Tamara Cantera dated October 15, 2020 noting Ms. Diamonds history of assaults while incarcerated, reporting assault of Ms. Diamond while she was sleeping resulting in increase in trauma, and recommending follow-up with psychologist as well as housing transfer to ensure safety., # 16 Exhibit 16: Mental Health Initial Sexual Allegation Evaluation dated September 9, 2020, by Tamara Cantera, recording that Ms. Diamond was strip searched by a male staff member, reporting negative mental health impacts, and recommending housing transfer for safety and follow-up with psychologist., # 17 Exhibit 17: Mental Health Initial Sexual Allegation Evaluation noting need for further evaluation, recommending housing transfer for safety, and recording that Deputy Warden Betterson was notified on July 7, 2020., # 18 Exhibit 18: Mental Health Initial Sexual Allegation Evaluation, dated August 5, 2020, by Tamara Cantera, recording assault of Ms. Diamond, reporting negative mental health impacts including PTSD symptoms, and recommending follow-up with psychologist and mental health counselor., # 19 Exhibit 19: GDCs Standard Operating Procedure on the Classification and Management of Transgender and Intersex Offenders, SOP 220.09, effective July 26, 2019., # 20 Exhibit 20: GDCs Standard Operating Procedure on the Management and Treatment of Offenders Diagnosed with Gender Dysphoria, SOP 507.04.68, effective April 7, 2015., # 21 Exhibit 21: GDCs Standard Operating Procedure on Discipline, SOP209.01, effective November 16, 2017, and Attachments 1-9., # 22 Exhibit 22: GDCs Standard Operating Procedure on the Prison Rape Elimination Act (PREA) Sexually Abusive Behavior Prevention and Intervention Program, SOP 208.06, effective March 2, 2018., # 23 Exhibit 23: GDC Mental Health Progress Notes by Dr. Stephen Sloan dated January 6, 2015, affirming Ms. Diamonds gender dysphoria and need for medical treatment in the form of hormone therapy and accommodations related to her gender expression., # 24 Exhibit 24: Mental Health records dated November 2014 to July 2020 detailing Ms. Diamonds mental health diagnoses, history of self-castration and suicide attempts while in custody, history of abuse while in custody, and mental health level designation., # 25 Exhibit 25: Quest Diagnostics Lab Results dated November 19, 2019, showing that Ms. Diamonds prolactin, testosterone, and estradiol levels are in the normal range for women., # 26 Exhibit 26: GDC Transfer Evaluation by Dr. David Roth dated July 2, 2020, finding that Ms. Diamonds housing designation leads to negative mental health impacts and recommending transfer as well as Mental Health III designation., # 27 Exhibit 27: Medical records dated November 2019 to August 2020 documenting Ms. Diamonds hormone therapy, including lab results, appointments with physicians, and delays in treatment., # 28 Exhibit 28: Medical records dated June 2020 to January 2021 recording Ms. Diamonds self-castration attempts and subsequent injuries, including inability to urinate., # 29 Exhibit 29: Medical and grievance documents dated January 2020 to November 2020, related to Ms. Diamonds need for toiletry and clothing items for treatment of gender dysphoria, including facial hair removal products and feminine undergarments., # 30 Exhibit 30: Medical and grievance documents dated January 2020 to November 2020, related to Ms. Diamonds need for toiletry and clothing items for treatment of gender dysphoria, including facial hair removal products and feminine undergarments., # 31 Exhibit 31: Search Results from GDCs Find an Offender Database identifying the facility placements of cisgender female offenders who share Ms. Diamonds build (i.e. height that is 510 (70 inches) or taller and approximate weight of 135 pounds, redacted for privacy., # 32 Exhibit 32: Search Results from GDCs Find an Offender Database identifying the facility placements of cisgender female offenders who have been convicted of Burglary Before July 1, 2012, Entering a Vehicle, Theft by Taking, Theft by Receipt of Stolen Property, Forgery, Obstruction of Law Enforcement Officers, or Escape, redacted for privacy., # 33 Exhibit 33: Disciplinary report Ms. Diamond received on October 7, 2020, and related materials., # 34 Exhibit 34: Disciplinary report received by Ms. Diamond on October 31, 2020, redacted for privacy and confidentiality of third parties, and related materials., # 35 Exhibit 35: Disciplinary reports received by Ms. Diamond on October 31, 2020, redacted for privacy and confidentiality of third parties, and related materials., # 36 Exhibit 36: Disciplinary report Ms. Diamond received on October 31, 2020, redacted for privacy, and related materials., # 37 Exhibit 37: Partial file of Disciplinary reports Ms. Diamond received from December 3, 2020 and December 23, 2020., # 38 Exhibit 38: GDC Abbreviations Explained: Glossary of GDC terminology and acronyms, http://www.dcor.state.ga.us/InmateInfo/Abbreviations (accessed March 31, 2021)., # 39 Exhibit 39: Georgias State Board of Pardons and Paroles Inmate Tentative Parole Month (TPM) Look-up Result documenting Ms. Diamonds new Tentative Parole Date of April 2022., # 40 Exhibit 40: GDC Mental Health/Medical Records Progress Note dated February 11, 2015, recommending that Ms. Diamond be housed in a Transition Center for health and safety reasons.)(EZIE, ANDREA) (Entered: 04/09/2021)

1 Exhibit 1: Georgia Department of Corrections (GDC) Mental Health and Mental Serv

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2 Exhibit 2: GDC Mental Health Sexual Allegation Evaluation dated May 5, 2015, det

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3 Exhibit 3: GDC Mental Health Evaluation for Services by S. Bell, LMSW, dated Oct

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4 Exhibit 4: Mental Health Reception Screen Form by S. Bell, LMSW, dated October 2

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5 Exhibit 5: PREA assessment of June 2020 completed by Ms. Diamond upon arrival at

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6 Exhibit 6: Ms. Diamonds Notice of Violations to GDC dated May 1, 2020, reporting

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7 Exhibit 7: Ms. Diamonds Notice of Violations to GDC dated May 20, 2020, reportin

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8 Exhibit 8: Ms. Diamonds Notice of Violations to GDC dated June 3, 2020, reportin

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9 Exhibit 9: Ms. Diamonds Notice of Violations to GDC dated July 2, 2020, reportin

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10 Exhibit 10: Ms. Diamonds Notice of Violations to GDC dated July 20, 2020, report

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11 Exhibit 11: Ms. Diamonds Notice of Violations to GDC dated September 29, 2020, r

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12 Exhibit 12: Ms. Diamonds Notice of Violations to GDC dated October 23, 2020, rep

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13 Exhibit 13: Ms. Diamonds Notice of Violations to GDC dated November 2, 2020, rep

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14 Exhibit 14: Ms. Diamonds Notice of Violations to GDC dated November 6, 2020, rep

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15 Exhibit 15: Mental Health Initial Sexual Allegation Evaluation by counselor Tama

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16 Exhibit 16: Mental Health Initial Sexual Allegation Evaluation dated September 9

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17 Exhibit 17: Mental Health Initial Sexual Allegation Evaluation noting need for f

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18 Exhibit 18: Mental Health Initial Sexual Allegation Evaluation, dated August 5,

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19 Exhibit 19: GDCs Standard Operating Procedure on the Classification and Manageme

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20 Exhibit 20: GDCs Standard Operating Procedure on the Management and Treatment of

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21 Exhibit 21: GDCs Standard Operating Procedure on Discipline, SOP209.01, effectiv

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22 Exhibit 22: GDCs Standard Operating Procedure on the Prison Rape Elimination Act

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23 Exhibit 23: GDC Mental Health Progress Notes by Dr. Stephen Sloan dated January

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24 Exhibit 24: Mental Health records dated November 2014 to July 2020 detailing Ms.

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25 Exhibit 25: Quest Diagnostics Lab Results dated November 19, 2019, showing that

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26 Exhibit 26: GDC Transfer Evaluation by Dr. David Roth dated July 2, 2020, findin

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27 Exhibit 27: Medical records dated November 2019 to August 2020 documenting Ms. D

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28 Exhibit 28: Medical records dated June 2020 to January 2021 recording Ms. Diamon

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29 Exhibit 29: Medical and grievance documents dated January 2020 to November 2020,

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30 Exhibit 30: Medical and grievance documents dated January 2020 to November 2020,

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31 Exhibit 31: Search Results from GDCs Find an Offender Database identifying the f

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32 Exhibit 32: Search Results from GDCs Find an Offender Database identifying the f

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33 Exhibit 33: Disciplinary report Ms. Diamond received on October 7, 2020, and rel

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34 Exhibit 34: Disciplinary report received by Ms. Diamond on October 31, 2020, red

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35 Exhibit 35: Disciplinary reports received by Ms. Diamond on October 31, 2020, re

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36 Exhibit 36: Disciplinary report Ms. Diamond received on October 31, 2020, redact

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37 Exhibit 37: Partial file of Disciplinary reports Ms. Diamond received from Decem

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38 Exhibit 38: GDC Abbreviations Explained: Glossary of GDC terminology and acronym

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39 Exhibit 39: Georgias State Board of Pardons and Paroles Inmate Tentative Parole

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40 Exhibit 40: GDC Mental Health/Medical Records Progress Note dated February 11, 2

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AFFIDAVIT re 51 MOTION for Protective Order, 50 MOTION for Preliminary Injunction Declaration of Dr. Randi C. Ettner by ASHLEY DIAMOND (Attachments: # 1 Appendix A: Curriculum Vitae, # 2 Appendix B: Bibliography)(RAJARATNAM, MAYA) (Entered: 04/09/2021)

1 Appendix A: Curriculum Vitae

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2 Appendix B: Bibliography

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***RESTRICTED to Case Attorneys of Record and Court Users*** (Attachments: # 1 Affidavit Declaration of Ashley Diamond (Unredacted), # 2 Affidavit Declaration (Plaintiff's Confidential Witness), # 3 Appendix Confidential Appendix Regarding Use of Pseudonyms, # 4 Exhibit 1: Georgia Department of Corrections (GDC) Mental Health and Mental Services Referral dated May 24, 2012, documenting Ms. Diamonds earliest sexual assault in GDC custody., # 5 Exhibit 2: GDC Mental Health Sexual Allegation Evaluation dated May 5, 2015, detailing Ms. Diamonds history of ongoing sexual assault in GDC custody., # 6 Exhibit 3: GDC Mental Health Evaluation for Services by S. Bell, LMSW, dated October 29, 2019, assessing Ms. Diamond as part of GDCs intake process and noting her history of assault and abuse in her prior incarceration, her ongoing safety concerns, and her diagnoses for gender dysphoria and PTSD., # 7 Exhibit 4: Mental Health Reception Screen Form by S. Bell, LMSW, dated October 29, 2019, noting that Ms. Diamond is transgender and that she has a history of self-injury and suicide attempts., # 8 Exhibit 15: Mental Health Initial Sexual Allegation Evaluation by counselor Tamara Cantera dated October 15, 2020 noting Ms. Diamonds history of assaults while incarcerated, reporting assault of Ms. Diamond while she was sleeping resulting in increase in trauma, and recommending follow-up with psychologist as well as housing transfer to ensure safety., # 9 Exhibit 16: Mental Health Initial Sexual Allegation Evaluation dated September 9, 2020, by Tamara Cantera, recording that Ms. Diamond was strip searched by a male staff member, reporting negative mental health impacts, and recommending housing transfer for safety and follow-up with psychologist., # 10 Exhibit 17: Mental Health Initial Sexual Allegation Evaluation noting need for further evaluation, recommending housing transfer for safety, and recording that Deputy Warden Betterson was notified on July 7, 2020., # 11 Exhibit 18: Mental Health Initial Sexual Allegation Evaluation, dated August 5, 2020, by Tamara Cantera, recording assault of Ms. Diamond, reporting negative mental health impacts including PTSD symptoms, and recommending follow-up with psychologist and mental health counselor., # 12 Exhibit 23: GDC Mental Health Progress Notes by Dr. Stephen Sloan dated January 6, 2015,affirming Ms. Diamonds gender dysphoria and need for medical treatment in the form of hormone therapy and accommodations related to her gender expression., # 13 Exhibit 24: Mental Health records dated November 2014 to July 2020 detailing Ms. Diamond's mental health diagnoses, history of self-castration and suicide attempts while in custody, history of abuse while in custody, and mental health level designation., # 14 Exhibit 25: Quest Diagnostics Lab Results dated November 19, 2019, showing that Ms. Diamonds prolactin, testosterone, and estradiol levels are in the normal range for women., # 15 Exhibit 26: GDC Transfer Evaluation by Dr. David Roth dated July 2, 2020, finding that Ms. Diamonds housing designation leads to negative mental health impacts and recommending transfer as well as Mental Health III designation., # 16 Exhibit 27: Medical records dated November 2019 to August 2020 documenting Ms. Diamond's hormone therapy, including lab results, appointments with physicians, and delays in treatment., # 17 Exhibit 28: Medical records dated June 2020 to January 2021 recording Ms. Diamond's self-castration attempts and subsequent injuries, including inability to urinate., # 18 Exhibit 29: Medical and grievance documents dated January 2020 to November 2020, related to Ms. Diamond's need for toiletry and clothing items for treatment of gender dysphoria, including facial hair removal products and feminine undergarments., # 19 Exhibit 30: Search Results from GDCs Find an Offender Database identifying the facility placements of cisgender female offenders who share Ms. Diamonds build (i.e. height that is 510 (70 inches) or taller and approximate weight of 135 pounds., # 20 Exhibit 31: Search Results from GDCs Find an Offender Database identifying the facility placements of cisgender female offenders who have been convicted of Burglary Before July 1, 2012, Entering a Vehicle, Theft by Taking, Theft by Receipt of Stolen Property, Forgery, Obstruction of Law Enforcement Officers, or Escape., # 21 Exhibit 32: Search Results from GDCs Find an Offender Database identifying the facility placements of cisgender female offenders who have been convicted of Murder, Rape, Aggravated Sodomy, or Sexual Assault of a Person in Custody., # 22 Exhibit 34: Disciplinary report received by Ms. Diamond on October 31, 2020 and related materials., # 23 Exhibit 35: Disciplinary reports received by Ms. Diamond on October 31, 2020 and related materials., # 24 Exhibit 36: Disciplinary report Ms. Diamond received on October 31, 2020 and related materials., # 25 Exhibit 40: GDC Mental Health/Medical Records Progress Note dated February 11, 2015, recommending that Ms. Diamond be housed in a Transition Center for health and safety reasons.)(EZIE, ANDREA) Modified on 4/27/2021 to edit docket text (vs). (Entered: 04/09/2021)

This is a text only entry; no document issued. ORDER GRANTING 49 Motion to Seal Document(s). Plaintiff's unopposed motion to seal is GRANTED. However, the unredacted documents shall be docketed with access restricted to the parties. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 4/9/2021. (kat) (Entered: 04/09/2021)

MOTION FOR MISCELLANEOUS RELIEF re 53 Affidavit by ASHLEY DIAMOND filed by Elizabeth Littrell. (Attachments: # 1 Affidavit-DECLARATION OF ELIZABETH LITTRELL)(Littrell, Elizabeth) Modified on 4/12/2021 to add docket text (tam). (Entered: 04/09/2021)

1 Affidavit- DECLARATION OF ELIZABETH LITTRELL

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***DISREGARD FILED IN ERROR*** Notice of Deficiency (related document(s): 50 Motion for Preliminary Injunction filed by ASHLEY DIAMOND ); Memorandum in Support Document exceeds page limit. Leave of court required before filing.(tam) Modified on 4/9/2021 to add docket text (tam).

Notice of Deficiency

***No need to refile motion per chambers, hearing will be scheduled*** Notice of Deficiency (related document(s): 50 Motion for Preliminary Injunction filed by ASHLEY DIAMOND ); Document must be re-filed using correct event (Motion for Preliminary Injunction and also Motion for Evidentiary Hearing). Please choose both events.(tam) Modified on to add docket text 4/9/2021 (tam).

***No need to refile motion per chambers, hearing will be scheduled*** Notice of Deficiency (related document(s): 51 Motion for Protective Order filed by ASHLEY DIAMOND ); Document must be re-filed using correct event (Motion for Protective Order and also Motion for Evidentiary Hearing). Please choose both events. (tam) Modified on 4/9/2021 to add docket text (tam).

Order on Motion to Seal Document

MOTION to Withdraw as Attorney by GRACE ATCHISON, BROOKS BENTON, BENJAMIN FORD, AHMED HOLT, JAVEL JACKSON, RODNEY JACKSON, SHARON LEWIS, JACK SAULS, LACHESHA SMITH, ROBERT TOOLE, TIMOTHY WARD filed by JOSHUA KYLE BROOKS.(BROOKS, JOSHUA) (Entered: 04/12/2021)

This is a text only entry; no document issued. ORDER GRANTING 62 Motion to Withdraw as Attorney. Attorney JOSHUA KYLE BROOKS terminated. Ordered by CHIEF DISTRICT JUDGE MARC T TREADWELL on 4/13/2021. (kat) (Entered: 04/13/2021)

Notice of Hearing

Notice of Hearing on Motion

NOTICE OF SETTING HEARING ON MOTION re 50 MOTION for Preliminary Injunction. Motion Hearing set for 5/12/2021 at 9:30 AM in Macon before CHIEF DISTRICT JUDGE MARC T TREADWELL. Hearing will occur IN-PERSON. Counsel, parties, and members of the public and press should review Standing Order 2021-04, available on the court's website, regarding courthouse entrance procedures due to COVID-19. Interested parties may obtain dial information by emailing macon.ecf@gamd.uscourts.gov. ***Please refer to the Court's website regarding requirements for electronic exhibits ***(kat)

NOTICE OF SETTING STATUS CONFERENCE (re pending motions). Status Conference set for 4/28/2021 at 2:00 PM in Macon before CHIEF DISTRICT JUDGE MARC T TREADWELL. Hearing will occur via VIDEOCONFERENCE. Counsel will receive connection information by separate email. Interested parties may obtain dial information by emailing macon.ecf@gamd.uscourts.gov. (kat)

Order on Motion to Withdraw as Attorney

NOTICE ONGOING NEGOTIATIONS REGARDING PROTECTIVE ORDER REFERENCED IN THE SCHEDULING AND DISCOVERY ORDER (ECF 47) by ASHLEY DIAMOND re 47 Scheduling/Discovery Order (Littrell, Elizabeth) (Entered: 04/16/2021)

NOTICE of Statement of Interest of the United States by UNITED STATES OF AMERICA (SIMON, LANCE) (Entered: 04/22/2021)

NOTICE of Intention to Serve Subpoenas by ASHLEY DIAMOND (Attachments: # 1 Subpoena to Testify at a Deposition, # 2 Subpoena to Testify at a Deposition, # 3 Subpoena to Testify at a Deposition, # 4 Subpoena to Testify at a Deposition)(Littrell, Elizabeth) (Entered: 04/25/2021)

1 Subpoena to Testify at a Deposition

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2 Subpoena to Testify at a Deposition

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3 Subpoena to Testify at a Deposition

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4 Subpoena to Testify at a Deposition

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Notice of Deficiency

Notice of Deficiency (related document(s): 66 Notice (Other), filed by ASHLEY DIAMOND ); Pursuant to Local Rule 5.1 Discovery is not filed in the Middle District of Georgia.(tam)