inniss nov. 24 olens filing

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

Christopher Inniss and Shelton )

Stroman; Rayshawn Chandler and )

Avery Chandler; Michael Bishop )

And Johnny Shane Thomas; and )

Jennifer Sisson, on behalf of )

Themselves and all others similarly )

situated, )

Plaintiffs, )

v. ) Civil Action Number

) 1:14-CV-01180-WSD

Deborah Aderhold et al, )

Defendants.

NOTICE OF FILING SUPPLEMENTAL AUTHORITY

COME NOW Defendant Aderhold and Defendant Fenton (hereinafter

Defendants), by and through counsel, and hereby submit supplemental authority in

support of their motion to dismiss Plaintiffs’ complaint:

1.

Defendants’ Motion to Dismiss is fully briefed and pending before this

Court.

2.

Subsequent to Defendants’ filing of their reply brief the Sixth Circuit Court

of Appeals issued an opinion on the exact issue pending before this Court. A copy

of this opinion is attached as exhibit A to this filing.

Case 1:14-cv-01180-WSD Document 47 Filed 11/24/14 of 3

2

3.

After the Sixth Circuit decision, the Plaintiffs immediately filed a petition

for Certiorari which is pending in front of the United States Supreme Court. A

copy of the Supreme Court docket is attached as exhibit B to this filing.

4.

The Sixth Circuit’s decision mirrors the arguments presented by the

Defendants in the instant case and thus represents persuasive authority.

Respectfully submitted,

SAMUEL S. OLENS 551540

Attorney General

KATHLEEN M. PACIOUS 558555

Deputy Attorney General

/s/ Nels Peterson 101074

Solicitor General

Counsel for Defendant Aderhold and Fenton

/s/ Devon Orland 554301

Senior Asst. Attorney General

Counsel for Defendant Aderhold and Fenton


3

CERTIFICATE OF SERVICE

I hereby certify that on this date I have electronically filed the foregoing

SUPPLEMENTAL AUTHORITY using the CM/ECF system which will

automatically send electronic mail notification of such filing to counsel of record

as follows:

Tara Borelli

William Custer

Jennifer Odom

Jennifer Dempsey

Luke Lantta

I hereby certify that I have mailed by United States Postal Service the

document to the following non-CM/ECF participants: NONE

Done this 24th day of November, 2014.

/s/ Devon Orland

40 Capitol Square, S.W.

Atlanta, Georgia 30334-1300

Telephone: (404) 463-8850

Facsimile: (404) 651-5304


Case 1:14-cv-01180-WSD Document 47-1 Filed 11/24/14 Page 1 of 65

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