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Roberts, Sheriff of Gordon County, in his official and individual capacity, Walter Christian, in his official and individual capactity, Kenyon T. Trammel, in his official and individual capacity, Brian Crider, in his official and individual capacity, Mark Highfield, in his official and individual capacity, Mike Gravitt, in his official and individual capacity, Robert Johnson, in his official and individual capacity, Johnny Duncan, in his official and individual capacity, Kevin Vaughn, in his official and individual capacity, Tricia Bridwell, in her official and individual capacity, Jeremy Battles, in his official and individual capacity, and M.

Jones, in his official and individual capacity as Jail Administrator, Defendants. Ronald R. Womack, John T. This is a civil rights action filed pursuant to 42 U. Bogard [63]. Bogard in a timely fashion, and that the report contains inadmissible legal conclusions. When Plaintiffs filed the Affidavit of David M. Plaintiffs did not formally disclose their plans to use Mr. Bogard as an expert witness until April 9,when Plaintiffs amended their responses to the mandatory disclosures to identify Mr.

Bogard and to provide his expert report. By that time, the discovery period had almost concluded, leaving Defendants without sufficient time to depose Mr. Bogard and to retain their own expert.

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The Court finds that Plaintiffs' delay in disclosing Mr. Bogard and in producing Mr. The Court therefore will not permit Plaintiffs to use Mr. Bogard's Affidavit or expert testimony in connection with Defendants' pending Motions for Summary Judgment. Bogard's testimony at trial, conditioned upon a forty-five day extension of discovery to allow Defendants to depose Mr.

Keeping in mind that when deciding a motion for summary judgment, the Court "must view the evidence and all factual inferences in the light most favorable to the party opposing the motion," the Court provides the following statement of facts. Reynolds v. This statement does not represent actual findings of fact; rather, it is intended simply to place the Court's legal analysis within the context of a specific case or controversy. City of Wadley, 51 F. They are, however, the facts for present purposes, and we set them out below.

Plaintiff Hammond resides in Silver Creek, Georgia. During the time period relevant to this lawsuit, Plaintiff Hammond was an inmate residing in the Gordon County Jail the "Jail". Plaintiff Trotter is a resident of Calhoun, Georgia.

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From late to April 13,Plaintiff Trotter was an inmate residing in the Jail. Plaintiff Crowder is a resident of Calhoun, Georgia. During the time period relevant to this action, Plaintiff Crowder was an inmate residing in the Jail. Plaintiff Quarles resides in Calhoun, Georgia. Plaintiff Quarles was an inmate residing in the Jail from February to August As part of its activities, Defendant Gordon County maintains the Jail.

Defendant Roberts resides in Calhoun, Georgia.

During the time period relevant to this action, Defendant Roberts served as the sheriff of Defendant Gordon County. Defendant Davis currently serves as the sheriff of Defendant Gordon County. Order of Mar. On March 22,the Court entered an Order substituting Defendant Davis, in his official capacity, for Defendant Roberts, in his official capacity.

During the time period relevant to this action, Defendant Crider worked as a deputy jailer at the Jail. During the time period relevant to this action, Defendant Gravitt worked as a sergeant at the Jail. Defendant Jones' duties included ensuring the safety and security of inmates at the Jail.

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During the time period relevant to this action, Defendant Johnson worked as a deputy jailer at the Jail. Johnson Dep. Defendant Bridwell resides in Calhoun, Georgia.

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During the time period relevant to this action, Defendant Bridwell served as a deputy jailer at the Jail. Defendant Christian resides in Cartersville, Georgia. Christian at 5.

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Defendant Highfield resides in Cave Spring, Georgia. Defendant Trammel is a resident of Calhoun, Georgia. During the time period relevant to this action, Defendant Trammel worked as a deputy jailer or as a sergeant at the Jail. Defendant Duncan resides in Calhoun, Georgia. During the time period relevant to Plaintiff's Complaint, Defendant Duncan served as a deputy jailer at the Jail.

Defendant Vaughn also is a resident of Calhoun, Georgia. Defendant Vaughn served as a deputy jailer at the Jail during the time period relevant to this action. Defendant Battle is a resident of Calhoun, Georgia.

During the time period relevant to this action, Defendant Battle served as a deputy jailer at the Jail. According to Plaintiffs, jailers refused to give female inmates toilet paper or feminine hygiene products, such as sanitary napkins or tampons.

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Quarles Dep. Some of the Plaintiffs have testified that certain Defendants, including Defendant Highfield, required female inmates to "flash," or show their breasts, to obtain toilet paper or feminine hygiene products. Crowder Dep. Plaintiffs also have testified that jailers instructed, or asked, female inmates to "flash," or show their breasts, in exchange for cigarettes. Plaintiff Hammond testified that Defendant Highfield asked Plaintiff Hammond to strip for cigarettes on two occasions.

Hammond Dep. Plaintiff Hammond stripped for Defendant Highfield in exchange for cigarettes. Plaintiff Hammond also has testified that Defendant Johnson asked Plaintiff Hammond and other female inmates to strip in exchange for cigarettes.

Hammond v. gordon county, f. supp. 2d (n.d. ga. )

Plaintiff Hammond stripped for Defendant Johnson in exchange for cigarettes. Trotter Dep. Plaintiff Trotter refused to "flash" Defendant Johnson. Plaintiff Quarles "flashed" jailers "a couple of times" in exchange for cigarettes. Plaintiff Quarles, however, testified that she did not mind "flashing" for cigarettes because she is a smoker.

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Plaintiff Crowder "flashed" jailers between ten and twenty times in exchange for feminine hygiene products and toilet paper. Plaintiff Crowder occasionally refused to "flash" jailers in exchange for those items.

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When Plaintiff Crowder refused to "flash" certain jailers, Plaintiff Crowder did not receive the items she requested. In lateDefendant Christian made comments concerning his interest in Plaintiff Trotter to other inmates. In DecemberPlaintiff Trotter and Defendant Christian began having conversations with one another. Defendant Christian touched Plaintiff Trotter's face and then left the room.

According to Plaintiff Trotter, Defendant Christian touched Plaintiff Trotter's "private part" and subsequently forced his penis into Plaintiff Trotter's vagina. Defendant Christian did not use a condom. Christian Dep.

Plaintiff Trotter contends that she told Defendant Christian to stop, but Defendant Christian continued his activities. On that occasion, Plaintiff Hammond apparently was present in the cell. Once again, Defendant Christian did not use a condom. According to Plaintiff Trotter, Plaintiff Trotter did not want to engage in sex with Defendant Christian; however, Plaintiff Trotter felt that she "owed it" to Defendant Christian to have sex with him because Defendant Christian had given her gifts.

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Again, Defendant Christian did not use a condom. Defendant Trammel and Plaintiff Hammond also engaged in sex in the cell, apparently at the same time. Plaintiff Trotter and Defendant Christian also kissed and talked on this occasion. Defendant Christian, again, did not use a condom.

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Defendant Christian did not use a condom during this sexual contact. At one point, Defendant Christian asked Plaintiff Trotter to dance nude for him. Plaintiff Trotter complied with this request. Specifically, Defendant Christian gave Plaintiff Trotter a hair permanent and clothes, placed money in Plaintiff Trotter's inmatesent Plaintiff Trotter a card, and gave Plaintiff Trotter a photograph of himself.

Plaintiff Trotter wrote letters to Defendant Christian, and told Defendant Christian that she "loved him.

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Plaintiff Trotter, however, testified that she was afraid of Defendant Christian, and that she wrote letters to Defendant Christian because Defendant Christian wanted Plaintiff Trotter to write letters to him. On one occasion, Defendant Christian pointed a gun at Plaintiff Trotter when he observed Plaintiff Trotter talking to a male inmate through the cell.

Plaintiff Hammond observed this incident. Plaintiff Hammond was incarcerated in the Jail in