Harwell G. Davis, III
Judge Davis no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Davis decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
On prisoner pro se complaints he applies 28 U.S.C. 1915A screening rigorously, recommending dismissal of supervisory/policy-level defendants (wardens, commissioners, the governor) who are not personally linked to the alleged constitutional violation, while letting specifically-pleaded claims against the individual officers proceed.
“the magistrate judge RECOMMENDS that all claims against defendants Warden Cheryl Price, Warden Cedric Specks, Warden Lloyd Hicks, former Alabama Department of Corrections Commissioner Kim Thomas, and Governor Robert Bentley be DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1)”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Based on the foregoing, the Court finds that plaintiff has failed to rebut defendant's legitimate, non-discriminatory reason for failing to hire plaintiff. Therefore, defendant's Motion for Summary Judgment is due to be granted.”
“Magistrate Judge Harwell G. Davis, III held a hearing on January 3, 2013, and entered his Report and Recommendation on January 7, 2013 ... the court ADOPTS the report of the magistrate judge, and ACCEPTS his recommendation. Accordingly, it is ORDERED that the defendants' motions to suppress are DENIED.”
In a pro se Section 1983 suit by a detainee at Etowah County Detention Center, Davis's screening R&R recommended that all claims be dismissed without prejudice under 28 U.S.C. 1915A(b)(1) except the excessive-force and denial-of-medical-care claims against Officer Tommy Johnson, which he recommended be referred back to him for further proceedings. District Judge Virginia Emerson Hopkins adopted the recommendation on November 21, 2016.
In a prisoner Eighth Amendment denial-of-medical-care case, Davis recommended sua sponte screening dismissal of the action as to the Tuscaloosa County Jail, Maude Whatley, and Chief of Operations Eric Bailey under 28 U.S.C. 1915A(b)(1) or (2), with other claims proceeding. Adoption was not separately verified.
In a prisoner civil-rights suit, Davis recommended sua sponte screening dismissal under 28 U.S.C. 1915A(b)(1) of all claims against Wardens Cheryl Price, Cedric Specks, and Lloyd Hicks, former Alabama corrections commissioner Kim Thomas, and Governor Robert Bentley because the named officials were not linked to the alleged violation. Adoption was not separately verified.
Caseload & timing
From public federal docket records for this judge.
Median motion-to-ruling time: 228 days (N = 2).
Judge Davis's civil work included product-liability and personal-injury suits, a medical-malpractice claim against the United States, Social Security review, insurance disputes, registration matters, and garnishments. He also handled criminal initial appearances, pleas, and suppression hearings as part of his magistrate duties.
A historical record
Judge Davis no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.