Sample Cases | Law Enforcement Liability Defense

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Case Name Case
Number and Court
Alleged
Misconduct
Result
Tilley
v. City of Hapeville, et al.
CAFN 92-VS-65815-E (Fulton
County State Court)
Negligence in responding to
traffic accident
Summary judgment granted on
all claims; Affirmed by Ga. Court of Appeals;
Certiorari granted and then dismissed
Maxton
v. City of Blairsville and Carson
CAFN 2:93-CV-0044-WCO
(U.S. District Court, N.D.
Ga.)
Speech Complete summary
judgment granted to defendants; No appeal
Uboh
v. City of Roswell, et al.
CAFN 1:93-CV-2987-CAM (U.S.
District Court, N.D. Ga.)
Search & seizure;
arrest
Complete summary judgment
granted to defendants on federal claims; Affirmed by 11th
Circuit
Fortson
v. City of Elberton, et al.
CAFN 94-67-ATH (DF) (U.S.
District Court, M.D. Ga.)
Search & seizure of property;
Arrest
Summary judgment granted to
defendants on all issues; Affirmed by 11th Circuit
Dove
v. City of Alpharetta, et al.
CAFN 1:94-CV-0125-ODE
(U.S. District Court, N.D.
Ga.)
Speech, Fair Labor
Standards (overtime)
Partial summary
judgment granted to defendants; Remaining claims settled for nominal
sum
Hammond
v. Hall County, et al.
94-CV-1125B (Hall County Superior
Court) (earliest case) (2 separate cases filed on behalf of different
plaintiffs)
Negligence in allowing prison
inmate to escape and steal car; due process
Summary judgment granted on
all claims; Affirmed by Ga. Court of Appeals on appeal
Kruger
v. City of Lawrenceville
CAFN 1:94-CV-1572-JOF (U.S.
District Court, N.D. Ga.)
Excessive force Partial summary judgment granted
to defendants; Jury verdict in favor of defendants on remaining
claims; No appeal
Swanson
and Ponder v. Georgia Peace Officers Standards and Training Council
,
et al.
CAFN 94-CV-1573-GET
(U.S. District Court, N.D. Ga.)
Gender, speech Complete summary
judgment granted to defendants; No appeal
Price
v. Roe & Fitzgerald (City of Roswell)
CAFN 95-CV-185-RCF (U.S. District
Court, N.D. Ga.)
Arrest; excessive force Complete summary judgment
granted to defendants on federal claims; Affirmed by 11th
Circuit
Jeffcoat
v. City of Riverdale
CAFN 1:95-CV-0311-CAM
(U.S. District Court, N.D.
Ga.)
Seizure, due process (murder
committed by officers)
Summary judgment granted on
all issues; Appeal to 11th Circuit dismissed
Brewster
& Ramey v. Georgia Dept. of Corrections, et al.
CAFN 95-CV-659S (Habersham
County Superior Court)
Eighth Amendment Jury trial; Directed
verdict in favor of defendants on all claims; No appeal
Coffee
v. Brooks County, et al.
96-CV-76 (Brooks County Superior
Court)
Negligence in responding to
flooding of public roads; wrongful death
Summary judgment granted on
all claims; Affirmed by Ga. Supreme Court
Harper
v. City of East Point, et al.
CAFN 96VS0116700D (Fulton
County State Court)
Assault by officer, negligent
hiring and retention
Summary judgment granted on
all issues; Partially reversed by Ga. Court of Appeals;
Jury verdict for $20,000 (extremely bad facts for defendants;
defendants offered $150,000 before trial); No appeal after verdict
Cloud.
v. City of Atlanta, Harrington, et al.
CAFN 1:97-CV-0190-JEC (U.S.
District Court, N.D. Ga.) (earliest case) (4 separate cases filed on
behalf of different plaintiffs)
Search & seizure of property;
Arrest
Summary judgment granted on
all claims in one case and affirmed by 11th Circuit;
Partial summary judgment granted on one case; Summary judgment
motion filed in another case; All claims against Harrington (only
party represented) voluntarily dismissed
Slicker
v. City of Summerville, Gilleland, et al.
CAFN 4:97-CV-0248-RLV (U.S.
District Court, N.D. Ga.)
Arrest; excessive force Former police chief (only
party represented) voluntarily dismissed during discovery
Igberease
v. Georgia World Congress Center, et al.
CAFN 1:97-CV-378-JTC (U.S.
District Court, N.D. Ga.)
Excessive force Partial summary judgment granted;
Jury verdict for $50,001 against one officer (extremely bad facts for
this officer); Jury verdict in favor of other officers;
Settled during appeal to 11th Circuit
Couture
v. Georgia Dept. of Juvenile Justice, et al.
CAFN 2:98-CV-0101-WCO (U.S.
District Court, N.D. Ga.)
Eighth
Amendment
Complete summary judgment
granted to defendants on federal claims; No appeal; State
claims remanded to state court and voluntarily dismissed
Jenkins
v. Georgia Dept. of Corrections, et al.
CAFN 4:98-CV-0101-HLM (U.S.
District Court, N.D. Ga.)
Speech Complete summary
judgment granted to defendants on federal claims; State claims
dismissed without prejudice; No appeal; State claims dropped
Phyllis
Tucker Dimou v. Georgia Dept. of Corrections, et al.
CAFN 4-99-CV-0197-HLM
(U.S. District Court, N.D.Ga.)
Sexual harassment,
speech
Motion to dismiss or for summary
judgment granted; No appeal
Chung,
et al. v. Georgia State University Police Dept., et al.
CAFN 1:99-CV-0309-CAM (U.S.
District Court, N.D. Ga.)
Arrest; excessive force Partial summary judgment granted;
Settled while on interlocutory appeal to 11th Circuit
Stephens
v. Georgia Dept. of Corrections
CAFN 1:99-CV-2674-CAP (U.S.
District Court, N.D. Ga.)
Equal protection Motion to dismiss granted
James
Howard Jordan v. Cobb County, et al.
CAFN 1:99-CV-2837-JEC (U.S.
District Court, N.D.Ga.)
Excessive force Partial summary judgment granted;
Jury verdict in favor of remaining Defendant
Barwick
v. Georgia Dept. of Corrections, et al.
CAFN 00-A09030 3 (Gwinnett
County Superior Court)
Eighth Amendment; Jail
suicide
Partial summary judgment granted;
Affirmed by Ga. Court of Appeals; Settled after appeal
Oduok
v. Ferro, et al.
CAFN 1:00-CV-2046-JEC (U.S.
District Court, N.D.Ga.)
Excessive force Jury verdict in favor of Defendants;
Affirmed by 11th Circuit
Keheley
v. Cobb County, et al.
CAFN 1:01-CV-0247-WBH (U.S.
District Court, N.D.Ga.)
Race Motion for summary judgment
granted; Appeal to 11th Circuit dismissed
Syljuberget
v. Georgia Dept. of Corrections, et al.
CAFN 2002-V-603 (BS) (Butts
County Superior Court)
Eighth Amendment; Jail
suicide
Motion for summary judgment
granted; Appeal to Ga. Court of Appeals dismissed
Philpot
v. Cobb County Police Dept., et al.
CAFN 1:02-CV-2511-JOF (U.S.
District Court, N.D. Ga.)
Unlawful seizure and excessive
force
Motion for summary judgment
granted; Settled while on interlocutory appeal to 11th Circuit
Wall v.
Ferrero, et al (Ga. Dept. of Corrections).
CAFN 1:03-CV-2463-BBM (U.S.
District Court, N.D. Ga.)
Eighth Amendment, denial of
medical care, prison conditions
Motion for summary judgment
granted; Affirmed by 11th Circuit
Kjellsen
v. Terry Mills, et al.(GBI)
CAFN 1:03-CV-3002-CAP (U.S.
District Court, N.D. Ga.)
Withholding exculpatory evidence Motion for summary judgment
denied; Affirmed by 11th Circuit (second appeal)
Rhodan
v. Schofield et al.,
Civil Action File No. 1:04-CV-2158-TWT
(U.S. District Court, N.D. of Ga.)
Eighth Amendment; Inmate
injured
Motion for summary judgment
granted as to some claims; Jury verdict in favor of remaining Defendants
Couther
v. Donald, et al.
1:04-CV-02166-CAP (U.S. District
Court, N.D. Ga.)
Eighth Amendment; Inmate
death
Motion to dismiss granted
in part; Motion for summary judgment granted as to remaining claims;
No appeal
Tatroe
v. Cobb County, et al
CAFN 1:04-cv-1074-WSD (U.S.
District Court, N.D.Ga.)
Speech Partial summary judgment granted;
Verdict of $2,414 for Plaintiff (who asked for $605,000); No appeal
Hayes,
etc., et al. v. Brooks, et al.
CFN 06CV3351 (Bartow County
Superior Court)
Wrongful death, negligence Settled
Clark
v. Green County EMS
CAFN 06-331 CS (Greene County
Magistrate Court)
Assault by EMS workers Dismissed; No appeal
Thomas
v. Cobb County, et al.
CAFN1:06-cv-1883-JEC (N.D.
Ga.)
Race, Speech retaliation Partial motion to dismiss
granted; Summary judgment granted on remaining claims; No appeal
Kenny
Blair v. McCollum, et al.
CAFN1:06-cv-03145-BBM (U.S.
District Court, N.D. Ga.)
Unconstitutional arrest and
prosecution
Complete summary judgment
granted to Defendants; No appeal
Dean
v. Floyd County, et al.
CAFN 1:08-cv-2769-JEC (N.D.Ga.) Unconstitutional traffic stop;
Malicious prosecution
Motion to dismiss granted;
Affirmed by 11th Circuit
Maloch
v. Gary Pollard, Banks County, GA, et al.
CAFN 2:09-cv-0094-RWS (N.D.Ga.) Eighth Amendment violation Motion for summary judgment
pending
Myers
v. Bowman, et al.
CAFN 1:09-cv-00155-JRH-WLB
(S.D. Ga.)
Unlawful arrest; Excessive
force
Summary judgment granted to
Defendants on all claims; Appeal to 11th Circuit pending
Vences
v. Cobb County, et al.
CAFN 1:09-cv-0355-BBM Unlawful arrest; Malicious
prosecution
Settled
Castro-Torres
v. Lignitz, et al.
CAFN 1:10-cv-2636 (N.D.Ga.) Unlawful arrest; False imprisonment;
Excessive force
Settled
Thomas
v. Billue, et al.
CAFN 5:11-CV-094 (M.D. Ga.) Excessive force Motion for summary judgment
pending
Nwakanma
v. Davis, et al.
CAFN 4:11-cv-188-HLM-WEJ (N.D.Ga.) Excessive force Settled
Thwaites
v. Wimbush, et al.
CAFN 5:11-CV-195-CAR (M.D.
Ga.)
Excessive force Pending; In discovery

Cases are listed in case number order. Case numbers generally indicate the year of filing.

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