Harwell G. Davis, III
How Judge III 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)”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Summary judgment N = 1 |
Granted: 1 | counts only |
| Motion to suppress N = 1 |
Denied: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
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.”
EXCLUDED from motion stats (1915A screening recommendation). Pro se 42 U.S.C. 1983 suit by a detainee at Etowah County Detention Center. Davis's 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 2016-11-21 (cross-link: Hopkins is also in this corpus). Partial screening dismissal, without prejudice, adopted.
EXCLUDED from motion stats (1915A screening recommendation). Prisoner Eighth Amendment denial-of-medical-care claim. Davis recommended the action be DISMISSED as to the Tuscaloosa County Jail, Maude Whatley, and Chief of Operations Eric Bailey under 28 U.S.C. 1915A(b)(1) and/or (2), with other claims proceeding. Adoption not separately verified.
EXCLUDED from motion stats (1915A screening recommendation). Prisoner civil-rights suit. Davis recommended that all claims against Wardens Cheryl Price, Cedric Specks, and Lloyd Hicks, former ADOC Commissioner Kim Thomas, and Governor Robert Bentley be DISMISSED under 28 U.S.C. 1915A(b)(1) (the named officials were not linked to the alleged violation). Adoption not separately verified.
Caseload & timing
From public federal docket records for this judge.
Davis's docket-enumerated assigned docket (1998-2015) spans 636(c) consent and referred civil matters: diversity product-liability and personal-liability suits (Tingle v. Merck -- Vioxx; Robinson v. Sears; Strickland v. Transamerica), an FTCA medical-malpractice suit against the VA (McKinstry), a Social Security appeal (Cunningham v. SSA), an insurance case (Blue Cross Blue Shield v. Herron), plus same-day administrative miscellaneous (-mc-) registration/garnishment matters. As a magistrate he also handled criminal duty (initial appearances, pleas, suppression hearings) not reflected as assigned civil dockets.