Sample Cases | Law Enforcement Liability Defense
<< Back to Recent Representative Cases
| 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.
