Georgia Trial Lawyer Blog

On the night of September 10, nearly 50 officers of the Atlanta Police Department conducted a warrantless raid on the Atlanta Eagle, a local bar, in which the occupants were forced to the floor, searched and had their driver’s licenses seized while police ran background checks. Twenty of the people forced to the ground filed suit in federal court on Tuesday alleging federal civil rights violations and demanding a change in police department policy.

WABE News has the story.

According to the complaint, several undercover police officers were at the bar shortly before the raid occurred. Sometime after 11:00 PM the undercover officers yelled for everyone to “hit the floor” without identifying themselves as officers. Soon thereafter Atlanta police and members of the Red Dog Unit, a drug taskforce dressed in SWAT gear, rushed into the bar without verbally identifying themselves as officers. Witnesses say officers shoved some patrons to the ground, pressed boots on their backs, used handcuffs and even kicked some patrons for no legitimate reason. The patrons were then detained and searched. Police forcefully took identifying information from the patrons in order to determine if anyone had outstanding warrants. Some patrons were forced to lie in broken glass and not allowed to move for up to two hours. Officers also allegedly kicked down a door, entered a private residence, refused to answer questions about their presence and used anti-gay slurs during the raid.

Police say they conducted the warrantless raid after observing illegal sexual conduct on prior visits. However, no patrons were arrested during the raid and only eight employees were cited for code violations. Plaintiffs argue that police violated their rights by seizing, searching and running background checks on them. Under the Fourth Amendment to the Constitution, police generally need to have a particularized reasonable suspicion or probable cause to believe that an individual is involved in criminal activity before that person can be seized and searched.

Moreover, Police Chief Richard Pennington publicly announced that it was the department’s policy to have patrons lie on the floor, searched, and have their identifications taken during raids.

Many attorneys have called such a policy a clear violation of constitutional rights. WABE legal analyst Page Pate says that the Police Chief’s statements bolster the plaintiffs’ case. Pate explained that the statements show that the city has a long history of using these tactics, and that the city will have a hard time disowning the policy when it comes time to defend itself against the plaintiffs’ lawsuit.

The complaint lists the City of Atlanta, the Atlanta Police Department and 45 officers as defendants. Plaintiffs are suing primarily under 42 U.S.C. § 1983 which allows individuals who have been deprived of constitutional rights by state actors to bring suit against them in federal court. Specifically, plaintiffs allege violations of the Fourth and Fourteenth Amendments which guarantee the right to be free of unreasonable searches and seizures as well as the First and Fourteenth Amendments which guarantee the right of free speech. The complaint further alleges the same violations under the Georgia Constitution. Plaintiffs then go on to claim false imprisonment, assault, battery and trespass.

The Lambda Legal Defense Fund, the Southern Center for Human Rights and attorney Dan Grossman represent the plaintiffs. They are not only asking for monetary damages, including punitive damages, but for a change in the police department’s policy to ensure that the city does not infringe upon constitutional rights in the future.

Our victims’ rights attorneys have also successfully represented several citizens who have fallen victim to abusive police practices. Police brutality or abuse can come in many shapes or forms including excessive use of force, physical attacks, verbal threats, intimidation or false arrest. In our experience, police departments often have unofficial or official policies which violate constitutional rights guaranteed to all citizens. A good victims’ rights attorney will expose these illegal policies by suing the responsible police department, government entity and officers under various federal and state laws designed to protect citizens from police abuse. This will help to prevent future abuses and allow the victims to recover monetary damages.

Cobb County police arrested Paul Patrick Serdula, a nurse anesthetist, last week for unlawful surveillance after a patient found video surveillance equipment in a Marietta dentist office bathroom. Authorities then re-arrested Serdula on Monday night for aggravated sexual battery and aggravated child molestation after evidence revealed that he may have made sexual contact with a sedated juvenile. Police now fear that there may be as many as 100 other victims who were inappropriately touched while sedated.

The Atlanta Journal Constitution has the story.

After Serdula was arrested for unlawful surveillance, police searched his Forest Peak Court home where they discovered hundreds of videotapes and additional electronic monitoring devices. Authorities are currently reviewing the tapes in an effort to determine if they show any criminal acts or possible victims. Police have been speaking with potential victims and are so far aware of at least 20. That number could possibly grow to around 100 before the investigation is concluded.

Serdula, 47, was a contract nurse who did not work for any single medical or dental office. Police say it is possible that he worked at numerous medical offices throughout Cobb County. Cobb police encourage anyone who has been recently sedated to contact their doctor’s office to determine if the anesthesia was administered by Serdula. If Serdula was involved, patients are urged to contact Cobb police.

The incident stemming from the aggravated sexual battery and aggravated child molestation charges is believed to have occurred on July 29. Police have also charged Serdula with aggravated sodomy for acts that allegedly occurred on September 16. If Serdula is convicted of these sex crimes, he would face significant jail time. Aggravated child molestation, aggravated sexual battery and aggravated sodomy all carry a sentence of 25 years to life.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon, Madison and Savannah. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

Cobb County police believe that a Marietta, Georgia nurse anesthetist may have inappropriately touched hundreds of patients while they were sedated. The allegations arose after a patient found video surveillance equipment in the women’s bathroom of a Cobb dentist office.

The Atlanta Journal Constitution has the story.

Police say a patient spotted the recording device and immediately called 911. Authorities were then able to link the device to Paul Patrick Serdula. Upon searching Serdula’s home, police found hundreds of videotapes and additional recording devices. The tapes reveal Serdula committing serious crimes including sexual battery on patients under anesthesia. Police do not yet know the full extent of Serdula’s exploits, but they believe that there could be hundreds of victims.

Serdula, 47, is a contracted nurse anesthetist that may have worked for numerous medical clinics and facilities. Cobb police are asking anyone who may have been recently put under anesthesia to contact their doctor’s office to see if Serdula administered the anesthesia. If so, those patients are urged to call the Cobb County police.

Serdula is currently in jail without bond charged with unlawful surveillance and eavesdropping; however, new charges are likely as police continue to explore the tapes found at his home. Under Georgia law, a conviction for unlawful surveillance can carry a sentence of one to five years and a 10,000 fine.

These criminal charges may also lead to civil suits against the nurse and the medical facilities where he was employed. A good victims’ rights attorney will help a victim track down and pursue the attacker and all responsible parties in effort to hold them responsible. In some cases, a sex crime victim can recover significant damages. Liability on the part of the medical facilities will largely depend on their knowledge of the nurse’s criminal activity.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon, Madison and Savannah. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

Victims of Georgia peanut butter contaminated with Salmonella angered over lack of prosecutions

FBI agents raided two peanut butter plants in Blakely, Georgia nearly a year ago after a Salmonella outbreak was linked to the plants’ peanut butter. The outbreak killed nine people and sickened hundreds of others. However, not a single executive of the company, Peanut Corp. of America, has been charged with a crime. The lack of prosecutions has caused a stir among many victims and their families.

The Atlanta Journal Constitution has the story.

The evidence seemed overwhelming. FDA inspectors found mold, a leaky roof and cockroaches at the Blakely plants. Congress also found e-mails written by the company’s top executive, Stewart Parnell, which suggested putting profits above safety even after being aware of the contamination. Specifically, emails from Parnell revealed that he “desperately” needed to turn the peanuts on the floor into money. Parnell also instructed his plant manager to “turn them loose” which referred to peanuts that had tested positive for contamination but were cleared in a second test. When a final lab test revealed salmonella, Parnell voiced great concern to his plant manager over the amount of money that would be lost.

The lack of prosecutions has surprised many. Some have speculated that the delay may be due to the fact that the outbreak has been controlled and the plants closed. The acting U.S. Attorney for the Middle District of Georgia, G.F. Peterman, has refused to comment on the matter. Historically, prosecutors have been hesitant to bring charges in contaminated food cases. In the 2006 tainted spinach scare, prosecutors did not pursue convictions even though three died and 200 were harmed. When prosecutions do occur, companies are typically charged with misdemeanor offenses and receive fines. For instance, Sara Lee Corp. pleaded guilty in 2001 to selling meats contaminated with Listeria which killed 15. The company was fined $200,000 and agreed to hand over $3 million for food safety research. So far Peanut Corp. of America has only suffered a barrage of civil lawsuits.

Our personal injury attorneys have successfully represented several clients who have been harmed due to defective or contaminated products. In our experience, a victim’s best chance for holding a food company accountable for injuries is through a civil suit as many of the victims in this case have done. Georgia law contains several statutes which allow injured consumers to go after companies responsible for contaminated food. From the corporate farmer to the owner of a restaurant or grocery store, Georgia’s laws cast a wide net of liability on those involved in food production, manufacturing and distribution. In addition to food borne illnesses, a consumer may also have a cause of action for food containing unsafe levels of pesticides, foods whose poor quality is concealed, foods that are unfit for human consumption or that have not been handled properly and foods that contain foreign objects. In many of these cases, the consumer can recover substantial monetary damages.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

The Court of Appeals of Georgia recently determined that DeKalb County could be held liable for injuries that a motorist sustained during a high-speed police chase, since there were factual issues as to whether the pursuing officer recklessly disregarded policies of the DeKalb County Police Department.

In Rahmaan v. DeKalb, Rahmaan, the plaintiff, stated that she was stopped at a red light at a four-way intersection around 10:00pm in the summer of 2005. When the light turned green, she heard loud sirens and stayed where she was. She then saw a Cadillac moving at a high rate of speed with a police car behind it. Rahmaan claims the police car intentionally rammed the back side of the fleeing Cadillac which is known as a PIT maneuver. This caused the Cadillac to fishtail into her vehicle. Rahmaan says she heard the officer get out of his car and say “we got him.” She also claims that people were walking on the sidewalk and that children were playing nearby when the wreck occurred. The officer testified that he did not perform a PIT maneuver, but rather, he was trying to block the intersection so innocent motorists could not enter. At that point, the officer claims the suspect’s car bounced off the police cruiser and into Rahmaan’s vehicle.

Under Georgia law, a police officer’s pursuit of a fleeing suspect cannot be the proximate cause of any injuries unless the officer acted with reckless disregard for proper law enforcement procedures in the officer’s decision to initiate or continue the pursuit. The trial court granted summary judgment for DeKalb, since it believed there was no evidence that the officer acted in reckless disregard. Yet, DeKalb County has a policy that forbids physical contact between vehicles except as required at roadblocks, and that roadblocks cannot be used when innocent persons would be endangered. Under Rahmaan’s version, the officer intentionally struck the fleeing suspect’s vehicle under circumstances not allowed by the county. Thus, the court reversed summary judgment and allowed her suit for injuries to go forward.

Our personal injury attorneys have successfully represented several clients who have been injured by reckless police officers. It is an unfortunate reality that many innocent lives are taken every year by high speed chases in which officers simply disregard proper police procedure. When an injury or death does occur in a police chase, the person or family that was harmed may be entitled to significant monetary damages for injuries. However, it is important to be conscious of the fact that an ante-litem notice may need to be filed very soon after an accident involving a police chase occurs. If an injured party fails to promptly file such a notice, he or she may waive any right to sue for monetary damages.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.