Archive for March, 2009


Atlanta deputy sheriff charged with excessive force for allegedly beating jail inmates

A former Fulton County Sheriff’s Detention Officer was arrested last week for allegedly beating two inmates. One of those inmates died as a result. The former officer, Curtis Jerome Brown Jr. of Lithonia, has been charged with violating civil rights, making false statements to federal agents, and obstructing a federal investigation. The arrest stems from an FBI investigation concerning the use of excessive force at the Fulton County Jail. The Atlanta Journal Constitution has the story. The complaint ...

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Georgia trial lawyer wins appeal in false arrest and malicious prosecution case

The Court of Appeals recently had to determine if a contractor was liable for malicious prosecution for initiating the arrest of a client who disputed a bill. The court found that the contractor was liable, since he applied for an arrest warrant and made false statements in the supporting affidavit. In Gooch v. Tudor, Tudor contracted with Gooch to have a fence built around her property. The parties agreed that Tudor would pay $10.25 per foot of fence. ...

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Georgia employment contracts held unenforceable by court of appeals

The Georgia Court of Appeals recently had to determine if certain non-disclosure and non-compete agreements were unenforceable due to their broad language. It found the covenants to be unenforceable, since the non-disclosure covenant attempted to restrict employee observations with no time limitation and the non-compete covenant failed to include specific activities. In Global Link Logistics Inc. v. Briles, the plaintiff, Briles, signed an employment agreement in 2006 with Global Link. The agreement contained a non-disclosure and a non-compete covenant. ...

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False arrest and malicious prosecution claims upheld by Georgia Court of Appeals

Court of Appeals upholds malicious prosecution judgment against contractor for causing a client who disputed a bill to be arrested for theft The Georgia Court of Appeals recently had to determine if a contractor was liable for malicious prosecution for initiating the arrest of a client who disputed a bill. The court found that the contractor was liable, since he applied for an arrest warrant and made false statements in the supporting affidavit. In Gooch v. Tudor, Tudor contracted with Gooch ...

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Georgia Appeals Court clarifies ante-litem rule in personal injury lawsuits against the state

Recently, the Court of Appeals had to determine whether the plaintiff’s failure to originally identify the correct governmental agencies in a personal injury suit against the state constituted grounds for dismissal. The court held that the correct standard is to determine if the plaintiffs adequately investigated their claims or if the state had suffered prejudice. In doing so, it vacated the trial court’s ruling which simply dismissed the claims for not strictly complying with the statute which waives ...

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