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City of Atlanta Settles Police Brutality Claim

The Atlanta City Council is expected to approve the settlement of a lawsuit brought against the City by a 62-year-old woman who was jailed for asking a police officer “why” she and friends had to move from a sidewalk where they were talking about an upcoming funeral.

A council committee has accepted the city attorney’s recommendation to settle the case, but the settlement must be approved by the entire city council. The claimant spent almost 10 hours in jail on a charge of disorderly conduct brought by an officer who already had a troubled history with the Atlanta Police Department.

The City is paying the settlement even though its internal investigation concluded that the APD officer involved “acted within the parameters of department policies and procedures.” However, it was learned at the time the lawsuit was filed that the APD had received more than 10 complaints against the officer involved in the incident.

Despite the impending settlement, the City of Atlanta and APD do not admit any wrongdoing.

Robert J. Fleming has been handling wrongful death cases, dental malpractice, bus accidents, car accident cases and premises injury cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 20 years. He practices in and around the Atlanta area including handling lawsuits in Fulton, DeKalb, Clayton, Gwinnett, Cobb and other counties and nearby cities including Alpharetta, Austell, Avondale Estates, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been seriously injured in a car accident and would like quality legal representation, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.

The following is sample of what a police brutality expert would review before formulating an opinion about whether there was police misconduct in a specific situation:

BASIS FOR PRELIMINARY OPINIONS

I have been retained to evaluate the information provided to me in this case to determine if there exists any basis for the claim that the civil rights of the plaintiff have been violated, and if there is any evidence of deliberate indifference to misconduct within the Atlanta Police Department during the arrest of Plaintiff and the subsequent transport and detention.

The opinions expressed herein are mine and mine alone, and I reserve the right to express additional opinions, or to modify or abandon expressed opinions, on the basis of additional information that might come to my attention.

The information that I have reviewed in forming my expert opinions is as follows:

  1. Complaint
  2. Numerous defendant responses to requests for production of documents and interrogatories
  3. Atlanta Police Department incident report
  4. Medical records of the Plaintiff
  5. Arrest citation
  6. Disability documents
  7. Disposition of criminal case
  8. Diagram of incident site
  9. Interview of Plaintiff
  10. Atlanta Police Department Extra Jobs SOP
  11. City of Atlanta Employee Work Rules
  12. “Mechanics of Arrest” training outline
  13. Booking record
  14. Atlanta CAD Incident Report
  15. Deposition of Police Officer A
  16. Deposition of Police Officer B