A legal battle has erupted over the alleged violation of constitutional rights during a state court criminal proceeding. Donovan Avery, the plaintiff, filed a complaint in the United States District Court for the Northern District of Georgia on December 30, 2025, against several judicial and court officials including The Honorable Robert Mumford. Avery’s lawsuit seeks declaratory and injunctive relief under 42 U.S.C. § 1983 to address what he claims are ongoing violations of his Sixth and Fourteenth Amendment rights.
The case revolves around Avery’s assertion of his right to self-representation in a pending criminal case in Gwinnett County, Georgia. According to the complaint, Avery had clearly stated his intention to represent himself, but this was neither adjudicated nor resolved by the court as required by federal law. “Plaintiff expressly asserted the constitutional right to self-representation on the record,” states the complaint, highlighting that no inquiry or ruling occurred regarding this assertion. Furthermore, Avery alleges that a plea was entered without his consent while critical trial-related proceedings were scheduled despite unresolved representation issues.
Avery also raises concerns about the accuracy and completeness of the official record from these proceedings. He claims that certified transcripts omit objections and paraphrase statements inaccurately. Additionally, audio recordings requested by Avery have not been produced or identified properly, raising doubts about their preservation status. In an effort to obtain these records, Avery submitted a formal request under Georgia’s Open Records Act on December 27, 2025.
The plaintiff accuses the defendants of failing to uphold his constitutional rights by not resolving foundational issues before proceeding with trial-related activities. He argues that these actions constitute violations of his Sixth Amendment right to self-representation and due process under the Fourteenth Amendment. The complaint specifically mentions Georgia law requirements for plea entries and asserts that any plea entered was done so without his personal consent.
Avery is seeking several forms of relief from the court: a declaration that his rights have been violated; prospective injunctive relief mandating preservation of audio recordings; prohibiting reliance on incomplete records; and other just remedies consistent with federalism principles. Additionally, he requests costs pursuant to 42 U.S.C. § 1988 if applicable.
Representing himself pro se in this matter is Donovan Avery with no listed attorney support at this time. The defendants include judicial officers such as The Honorable Robert Mumford along with Amanda K. Smith and Daniel Partain who are involved in official capacities related to court proceedings documentation or prosecution efforts respectively.
This case is being overseen by Judge Steven D Grimberg under Civil Action File No.: 1825-CV-7442-SDG.
