Georgia Trial Lawyer Blog

The manufacturer of the most common brand of electroshock gun, Taser International, issued a warning last week for officers to stop stunning people in the chest. The company warns that shooting someone in the chest may cause an “adverse cardiac event.”

The Atlanta Journal Constitution has the story.

The warning came in the form of a training bulletin to all law enforcement officers that carry the company’s stun guns. Instead of shooting someone in the chest, face or neck, Taser International recommends shocking a person in the back, abdomen or thigh. The warning comes after numerous law enforcement agencies have faced law suits due to the device’s ability to cause heart attacks.

Taser International’s product delivers 50,000 volts to a victim’s body for the purpose of incapacitation. Normally, such a shock will incapacitate a suspect for about five seconds without causing permanent injury. However, more than 400 people have died after being shocked with a Taser since 2001. Of those deaths, medical examiners have found that Tasers contributed to more than 30. It is unclear how many more deaths may have been caused by Tasers.

Three such deaths happened in the Gwinnett County jail after deputies shocked inmates that they say were combative. In two of those cases, the cause of death was ruled to be cardiac arrest, however, the cause of the heart attacks were not determined.

The latest warning has not deterred officers in the Atlanta area from carrying Tasers, but many police departments pledge to retrain their officers including Atlanta, Gwinnett and Clayton. Cobb County has already implemented the recommendations with its officers. Fulton County Police say they are currently reviewing the warnings, and the DeKalb County Sheriff’s Office has stated that it is aware of the recommendations.

Our personal injury attorneys have reviewed several Taser cases. While Tasers may represent a non-lethal way for officers to subdue a suspect, they are often used improperly, excessively or on persons with underlying medical conditions. As this story highlights, the resulting medical complications can lead to permanent damage and even death.

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.

DeKalb County, Georgia was facing a lawsuit by a homeless man who complained that a police officer kicked him out of the county and then beat him. The county settled the case last week for $165,000.

The Atlanta Journal Constitution has the story.

The incident happened five years ago when Robert Williams was found sleeping behind a restaurant on Halloween by Officer Ronald Jones. Williams asked to be arrested in order to find warmth and food, but instead, the officer drove Williams to Rockdale County and ordered him out of the car. Williams refused and a fight ensued which left both men badly beaten. Williams was then arrested on false charges. Jones initially lied to authorities by saying that Williams had placed him in the trunk of the vehicle and drove him across county lines at gunpoint. Eventually, authorities learned the truth, and Jones was charged with kidnapping, aggravated assault and violating his oath of office.

According to some former officers, the practice of transporting a drunk or bothersome vagrant across county lines was an unofficial policy for years, since it was easier than executing an arrest. When an officer makes an arrest, he has to spend time booking the offender into jail, but because driving the offender across County lines saved time, many police supervisors simply turned a blind eye to the practice. In fact, Atlanta officials have accused DeKalb and other counties of dumping vagrants into the city for years. The practice went largely undetected until the fight between Williams and Jones occurred.

Williams and his attorney, Mike Puglise, argued that kicking Williams out of DeKalb County, beating him and filing false charges against him all violated his civil rights. DeKalb decided to settle the case before it proceeded to trial. The hope is that this case will shed light on the widespread problem and cause police supervisors to crack down on the practice.

Our victims’ rights attorneys have successfully represented several clients who have been abused and brutalized by police officers. Police abuse or brutality covers a wide range of actions including physical attacks, verbal threats, excessive use of force, false arrest, sexual abuse and intimidation. As seen in this case, some unofficial police policies or customs are often kept from public view. A good victims’ rights attorney will expose these practices by filing suit against the officer and department under various state and federal laws which are designed to help the victims of police abuse. Doing so will ensure that the illegal practices stop and that the victim receives the maximum amount of monetary damages allowed by law.

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.

In May of 2008, a man working for a trusted cleaning company knocked on the door of a home the company had serviced on many occasions. The nanny, who was watching the family’s 3-year-old, let the man into the home where he proceeded to beat and rape her. The victims would later come to find that the man had previously been convicted of six felonies. The Georgia Legislature is now considering passing a bill which would require employers to conduct criminal background checks on employees who go into the homes of others.

The Macon Telegraph has the story.

The man accused of the rape, Rudolph Valentino Smith, had previously been convicted of crimes ranging from robbery to voluntary manslaughter. In fact, he had been convicted of killing a man with a butcher knife in 1994 for which he served 12 years in prison. Victim advocates say the proposed bill would reduce the chances of such an attack from happening again.

In addition to requiring background checks, the bill would prohibit some offenders from attaining jobs that send them into the homes of others unless their civil rights have been reinstated. The proposed bill has had trouble gaining traction, since many are concerned that such a law would harm the chances of rehabilitated felons from re-entering the workplace. Much of the criticism centered on the original bill’s exclusion of all felons; however, the revamped version only excludes those convicted of a crime which falls under the seven deadly sins: murder, voluntary manslaughter, rape, aggravated sodomy, aggravated child molestation, aggravated battery, and armed robbery if committed with a firearm.

The bill failed to leave the House Agriculture and Consumer Affairs Committee before the end of the 2009 legislative session, but it is expected to be considered again in January. The mother of the 3-year-old and owner of the home where the rape occurred, Amy Scott, has been an ardent supporter of the legislation and testified before the committee earlier this year. For now, she awaits the trial of the accused rapist while trying to put the events of that day behind her.

Our victims’ rights attorneys have successfully represented victims of serious crimes throughout the state of Georgia. In most serious crimes, victims are afforded certain legal rights including compensation, restitution, notification of criminal legal proceedings and restraining orders. A victim may also bring a civil suit against those responsible. Many times a crime will occur due to the negligence of an apartment complex, restaurant or similar business. A victims’ rights attorney will work closely with prosecutors and investigators in an effort to hold such businesses accountable.

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.

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 against the officer describes two incidents in which the officer used excessive force. The first incident occurred in August 2007 in which Brown allegedly beat an inmate while handcuffed. The inmate was later found bleeding and in need of medical care. The second incident happened in March 2008. Brown is accused of beating a mentally ill inmate in his cell. When the inmate was later found, he was not breathing and was unconscious. The inmate was taken to a hospital where he was pronounced dead. The complaint also alleges that Brown concealed his role in the beatings during a federal grand jury in August 2008. The U.S. Attorney prosecuting the case has said that investigations of other incidents are being frustrated by jailers who refuse to tell the truth.">Atlanta Journal Constitution has the story.

The complaint against the officer describes two incidents in which the officer used excessive force. The first incident occurred in August 2007 in which Brown allegedly beat an inmate while handcuffed. The inmate was later found bleeding and in need of medical care.

The second incident happened in March 2008. Brown is accused of beating a mentally ill inmate in his cell. When the inmate was later found, he was not breathing and was unconscious. The inmate was taken to a hospital where he was pronounced dead. The complaint also alleges that Brown concealed his role in the beatings during a federal grand jury in August 2008.

The U.S. Attorney prosecuting the case has said that investigations of other incidents are being frustrated by jailers who refuse to tell the truth.

Excessive force in custody can also lead to a successful federal civil rights lawsuit. Perhaps that's what will happen here after the criminal case is resolved.

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 and 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. Our firm is also listed in the Bar Register of Preeminent Lawyers by Martindale-Hubbell.

In Georgia, a bar can sometimes be held liable for injuries suffered by bystanders when a fight breaks out.

In Mulligan's Bar & Grill v. Stanfield, the Court of Appeals affirmed a jury verdict in favor of Bruce Stanfield who filed suit against Mulligan’s Bar & Grill and the owner of the bar after being injured on the premises. A fight between two other patrons of the bar ended with Mr. Stanfield receiving severe facial injuries due to a beer bottle striking his face. The brawling patrons had given the staff at Mulligan’s trouble before the fight, and employees were aware that the fight between the two men had been brewing for hours. One employee stated that the men had been removed from the bar on several different occasions. Other employees believed that a fight would eventually break out between the two patrons on the night Mr. Stanfield’s injuries occurred. The owner even admitted that one of the patron’s should not have been there since he had been banned.

Other patrons could not understand why the bar did not resolve the problem before the fight, since they had seen the two men fight at Mulligan’s on prior occasions. In addition, evidence showed that the bar’s security officer had told the owner that security was inadequate.

As a result of the fight, Mr. Stanfield received two surgeries and other medical treatment that amounted to approximately $40,000. A jury sided with Mr. Stanfield and found Mulligan’s liable in the amount of $192,100 for knowingly providing an inadequately secured premises. The bar’s owner argued that Mr. Stanfield’s suit was barred by the Georgia Dram Shop Act which concerns a bar’s liability for serving alcohol. However, the court ruled that this case was about premises liability and not liquor liability, since even a bar has a duty to exercise ordinary care in keeping its premises safe.

To be found liable, Georgia law required that a prior incident be sufficient enough to attract the owner’s attention to the dangerous condition that resulted in Mr. Stanfield’s injuries. The court found that there was ample evidence to find that Mr. Stanfield’s injuries were foreseeable due to the prior behavior of the brawling patrons.

Bars are like any other business - they have a duty of reasonable care and adequate security. Our firm represents crime victims and people injured as a result of dangerous conditions and inadequate security. We hope this case will re-affirm the long-standing Georgia rule that holds businesses liable for failing to insure the security of their patrons.

Of course, it's always a good idea to avoid bar fights, and the bars where they occur.