False Arrests/Excessive Force
We are considered to be one of the top law firms in Georgia for false arrest, malicious prosecution, excessive or unnecessary force, and police misconduct cases.
These cases can be difficult to prove, but our trial lawyers know how to win cases involving official misconduct in criminal investigations and arrests. We often assist clients with claims against law enforcement and private businesses who have pursued arrests and prosecutions based on false information.
Below are some of our notes on recent developments and noteworthy cases for false arrests, excessive force, and other types of official misconduct in Georgia.
Wrongful Death Lawsuit Brought Against Kentucky Jail for Inadequate Medical Treatment
This Tuesday, the mother of a 26-year-old man who died while in a Lexington, Kentucky jail has sued a number of jail employees, accusing them of causing his wrongful death. Janet Davis claims that last summer, when her son Anthony Dwayne Davis was booked into the Fayette County Detention Center, jail employees ignored their pleas that he be given medication for a serious congenital heart defect. According to the complaint, Davis was in good health when he entered the jail on ...
Youth killed at Augusta YDC sparks GBI Investigation
On Monday evening, a vicious attack at the Augusta Youth Development Campus in Augusta, Georgia left a 19-year-old inmate dead. The Georgia Bureau of Investigation is now looking into the matter. The young man, Jade Holder, was in his jail cell when a group of inmates entered his cell and savagely beat him. Jade’s mother, Evangeline Holder, was initially told by jail officials that her son had sustained broken bones and some lacerations. When she arrived at the hospital, however, ...
Atlanta Police Department Settles Suit Over Illegal Public Strip Search
Last year, two men alleged that they were illegally stopped and strip searched in public by officers of the Atlanta Police Department. The men filed suit against the City of Atlanta claiming that their civil rights were violated during the June encounter. Just over a year later, the men have reached a settlement agreement with the city for $200,000. Sean Venegas and Brian Kidd were driving in the early evening in Southwest Atlanta, bringing pizza to the apartment of Kidd’s girlfriend, ...
Excessive Force Claims May Have Merit
A recent article in the Columbus Ledger–Enquirer discussed the various factors law enforcement officers must consider when deciding how much force to use in response to potential threats. Police officers are given special training to prepare them to use force responsibly and within the law. Not all threats are equal, and just because an officer may use force to control a situation or to protect himself, this does not mean that he may use any amount of force he wishes. When ...
City of Atlanta settles Eagle civil rights lawsuit for one million dollars, plus changes to police procedures
On Wednesday, the City of Atlanta announced that it had reached a million dollar settlement with The Eagle. The Eagle was raided by Atlanta Police in 2009. During the raid, the Atlanta Police Department unlawfully detained and searched more than 60 people. Atlanta will now have to pay more than $1 million and make major changes to its current policies. Attorney Page Pate was interviewed about the settlement on WABE FM 90.1, Atlanta's public radio ...
Savannah lawyers claim Tybee Island officers violated the law by using Taser against autistic teen on Tybee Island
On Friday, the Georgia Bureau of investigation filed a report with the Chatham County District Attorney’s Office concerning the tasing of an autistic teenager. The report’s findings may determine whether the officers involved face criminal charges for using Taser against the teen. WTOC has the story. Clifford Grevemberg and his brother went to order food at the Rock House Bar and Grill after attending Tybee Island’s Beach Bum Parade on May 21. Clifford, who is 18 years old, suffers ...
Georgia false imprisonment laws hold businesses accountable
Georgia consumers wrongfully detained or arrested by businesses and corporations have begun to fight back thanks to recent changes in the law. In the latest false imprisonment case, a customer of the Atlanta W Hotel claims that multiple staff members tackled and detained him for criticizing a manager. The customer is seeking $250,000 in damages. The Atlanta Journal Constitution has the story. Filing a lawsuit against a business or corporation for false imprisonment used to be a difficult ...
Security guards at a Wal-Mart in Dunwoody, Georgia may have caused death of suspected shoplifter
The Dunwoody Police Department is currently investigating how a suspected shoplifter died after being detained by Dunwoody Wal-Mart employees this afternoon. The suspected shoplifter, Marty Jones, apparently succumbed after several people pinned him to the ground in order to prevent him from fleeing the store. The Atlanta Journal Constitution has the story. The incident occurred around lunchtime at the Wal-Mart on Ashford Dunwoody Road. According to authorities, a Wal-Mart loss prevention officer initially grabbed Mr. Jones after suspecting him ...
Atlanta lawyer wins false arrest and malicious prosecution case
The Georgia Court of Appeals recently reversed the grant of summary judgment to an Atlanta police officer on the claims of false arrest and malicious prosecution. The court ruled that a material issue of fact existed as to whether actual malice was involved and whether there was probable cause. In Jones v. Warner, the plaintiff, Chastity Jones, was eating at a KFC in downtown Atlanta with two friends when she decided that she wanted to visit Atlantic Station. Jones ...
Atlanta Eagle patrons sue the Atlanta Police Department for civil rights abuses
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 ...
