Case: Anderson v. City of Atlanta

1:11-cv-03398 | U.S. District Court for the Northern District of Georgia

Filed Date: Oct. 6, 2011

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On October 6, 2011, the plaintiff filed this individual lawsuit in the United States District Court for the Northern District of Georgia. The plaintiff sued a police officer and the City of Atlanta under 42 U.S.C. § 1983 for violations of her First, Fourth, and Fourteenth Amendment rights. The plaintiff, represented by a combination of private and public interest attorneys, sought monetary damages and injunctive relief to redress her claims. The case was assigned to Judge Steve C. Jones.Specifi…

On October 6, 2011, the plaintiff filed this individual lawsuit in the United States District Court for the Northern District of Georgia. The plaintiff sued a police officer and the City of Atlanta under 42 U.S.C. § 1983 for violations of her First, Fourth, and Fourteenth Amendment rights. The plaintiff, represented by a combination of private and public interest attorneys, sought monetary damages and injunctive relief to redress her claims. The case was assigned to Judge Steve C. Jones.

Specifically, the plaintiff argued that the defendant Officer violated her First Amendment rights when he and other officers employed by the City of Atlanta told her and then forced her to stop recording their behavior around the area she lived. The plaintiff further alleged that the defendant officer, along with the other officers employed by the City of Atlanta, also violated her Fourth Amendment rights when they took her camera and refused to give it back without a warrant. The plaintiff last contended that the defendants violated her Fourth Amendment when they arrested her and charged her with crimes.

Within the month of filing, the parties were engaged in settlement negotiations, and on March 12, 2012, the court signed an order granting the motion for settlement. The settlement terms required the defendant City of Atlanta to pay the plaintiff $50,000 and implement revisions to the Atlanta Police Department Standard Operating Procedures (SOP). Finally, the Defendant City of Atlanta was required to conduct mandatory in-person training of all police officers every two years under the settlement.

Summary Authors

Raul Noguera-McElroy (4/12/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4241878/parties/anderson-v-city-of-atlanta/


Judge(s)

Jones, Steve CarMichael (Georgia)

Attorneys(s) for Plaintiff

Grossman, Daniel J. (Georgia)

Wan, Albert (Georgia)

Weber, Gerald R. (Georgia)

Attorneys(s) for Defendant

Baines, Tamara Nikki (Georgia)

Godfrey, Robert N. (Georgia)

Hoffler, Veronica L. (Georgia)

Shahar, Robin Joy (Georgia)

Terry, LaShawn W. (Georgia)

Wyatt-Bullman, Alisha Irene (Georgia)

Judge(s)

Jones, Steve CarMichael (Georgia)

Attorneys(s) for Plaintiff

Grossman, Daniel J. (Georgia)

Wan, Albert (Georgia)

Weber, Gerald R. (Georgia)

Attorneys(s) for Defendant

Baines, Tamara Nikki (Georgia)

Godfrey, Robert N. (Georgia)

Hoffler, Veronica L. (Georgia)

Shahar, Robin Joy (Georgia)

Terry, LaShawn W. (Georgia)

Wyatt-Bullman, Alisha Irene (Georgia)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 17, 2017 Docket
1

Verified Complaint

Oct. 6, 2011 Complaint
16

Order

2012 WL 5467689

March 22, 2012 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4241878/anderson-v-city-of-atlanta/

Last updated May 20, 2022, 4:59 a.m.

ECF Number Description Date Link
1

COMPLAINT with Jury Demand filed by Felicia Anderson. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350.00 receipt number 113E-3551583.) (Attachments: # 1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 10/06/2011)

1 Civil Cover Sheet

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Oct. 6, 2011 RECAP
2

Summons Issued as to City of Atlanta. (aaq) (Entered: 10/07/2011)

Oct. 6, 2011 RECAP
3

Return of Service Executed by Felicia Anderson. City of Atlanta served on 10/6/2011, answer due 10/27/2011. (Weber, Gerald) (Entered: 10/10/2011)

Oct. 10, 2011 PACER
4

City Defendants' Affirmative Defenses and ANSWER to 1 COMPLAINT Plaintiff's Verified Complaint by Jeffrey A. Branum, City of Atlanta. Discovery ends on 3/12/2012.(Baines, Tamara) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 10/14/2011)

Oct. 14, 2011 RECAP
5

WAIVER OF SERVICE Returned Executed by Felicia Anderson. Jeffrey A. Branum waiver mailed on 10/11/2011, answer due 12/11/2011. (Wan, Albert) Modified on 10/19/2011 to edit mail and answer due dates. (aaq). (Entered: 10/18/2011)

Oct. 18, 2011 PACER
6

Consent MOTION to Stay All Proceedings by Felicia Anderson. (Wan, Albert) (Entered: 10/27/2011)

Oct. 27, 2011 PACER
7

Court's NOTICE Of Filing INSTRUCTIONS FOR CASES ASSIGNED TOTHE HONORABLE STEVE C. JONES. (pdw) (Entered: 10/31/2011)

Oct. 31, 2011 PACER
8

STATUS REPORT of Parties As to Settlement Negotiations by Felicia Anderson. (Wan, Albert) (Entered: 11/29/2011)

Nov. 29, 2011 PACER
9

Joint PRELIMINARY REPORT AND DISCOVERY PLAN filed by Felicia Anderson. (Wan, Albert) (Entered: 12/01/2011)

Dec. 1, 2011 RECAP
10

Initial Disclosures by Felicia Anderson.(Wan, Albert) (Entered: 12/02/2011)

Dec. 2, 2011 RECAP
11

SCHEDULING ORDER on the 9 Preliminary Report and Discovery Plan. Discovery in this matter will conclude on March 29, 2012. Any motions for summary judgment or the proposed consolidated pretrial order must be filed on or before April 30, 2012. If a motion for summary judgment is filed, the proposed consolidated pretrial order must be filed within 30 days after this Courts ruling thereon. If neither motion(s) for summary judgment nor the proposed pretrial order are timely filed, the Clerk is directed to submit this matter for the Court for consideration. Signed by Judge Steve C Jones on 12/6/11. (aaq) (Entered: 12/06/2011)

Dec. 6, 2011 PACER
12

Consent MOTION to Stay All Proceedings For Settlement Purposes by Felicia Anderson. (Wan, Albert) (Entered: 12/20/2011)

Dec. 20, 2011 PACER
13

STATUS REPORT of Parties As to Settlement Negotiations by Felicia Anderson. (Wan, Albert) (Entered: 01/24/2012)

Jan. 24, 2012 PACER
14

Consent MOTION for Extension of Time re: Order on Motion to Stay, by Felicia Anderson, Jeffrey A. Branum, City of Atlanta. (Terry, LaShawn) (Entered: 01/26/2012)

Jan. 26, 2012 PACER
15

Consent MOTION for Settlement by Felicia Anderson. (Grossman, Daniel) (Entered: 03/19/2012)

March 19, 2012 PACER
16

ORDER granting the 15 Motion for Settlement. Defendant City of Atlanta is ORDERED to pay Plaintiffs the sum of Fifty Thousand Dollars ($50,000.00) inclusive of prevailing party attorney fees and costs; (B) Defendant City of Atlanta is ORDERED permanently to implement the revisions to the Atlanta Police Department Standard Operating Procedures (SOPs) set forth in Exhibit A hereto; (C) Defendant City of Atlanta is ORDERED to conduct mandatory in-person training of all Atlanta police officers every two years regarding these SOP revisions, concurrent with the mandatory training required under the Order issued in Calhoun v. Pennington, 1:09-cv-3286-TCB (N.D. Ga. Dec. 15, 2011); and (D) this case is DISMISSED with prejudice. Signed by Judge Steve C Jones on 03/22/12. (aaq) (Entered: 03/22/2012)

March 22, 2012 RECAP
17

MOTION for Contempt and Sanctions Against City of Atlanta with Brief In Support by Felicia Anderson. (Attachments: # 1 APD.SOP.2011 General Conduct (old and current versions), # 2 Dec. 10, 2010 Email from Karen Gilpin Thomas to Dan Grossman, # 3 APD Training Materials Given to WABE, # 4 Declaration of John Ruch, # 5 Declaration of Caroline Croland, # 6 Declaration of Marlon Kautz, # 7 Dec. 12, 2014 Letter from Dan Grossman to Cathy Hampton, # 8 Dec. 19, 2014 and Jan. 15, 2015 Letters from Karen Gilpin Thomas to Dan Grossman, # 9 APD Training Documents (Part 1 of 5), # 10 APD Training Documents (Part 2 of 5), # 11 Apd Training Documents (Part 3 of 5), # 12 APD Training Documents (Part 4 of 5), # 13 APD Training Documents (Part 5 of 5), # 14 Jan. 27, 2015 Letter from Dan Grossman to Karen Gilpin Thomas, # 15 National Review article on police transparency)(Wan, Albert) (Entered: 02/17/2015)

1 APD.SOP.2011 General Conduct (old and current versions)

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2 Dec. 10, 2010 Email from Karen Gilpin Thomas to Dan Grossman

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3 APD Training Materials Given to WABE

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4 Declaration of John Ruch

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5 Declaration of Caroline Croland

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6 Declaration of Marlon Kautz

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7 Dec. 12, 2014 Letter from Dan Grossman to Cathy Hampton

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8 Dec. 19, 2014 and Jan. 15, 2015 Letters from Karen Gilpin Thomas to Dan Grossma

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9 APD Training Documents (Part 1 of 5)

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10 APD Training Documents (Part 2 of 5)

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11 Apd Training Documents (Part 3 of 5)

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12 APD Training Documents (Part 4 of 5)

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13 APD Training Documents (Part 5 of 5)

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14 Jan. 27, 2015 Letter from Dan Grossman to Karen Gilpin Thomas

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15 National Review article on police transparency

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Feb. 17, 2015 PACER
18

RESPONSE in Opposition re 17 MOTION for Contempt and Sanctions Against City of Atlanta filed by City of Atlanta. (Attachments: # 1 Affidavit of Chief Davis, # 2 Affidavit of Elizabeth Espy, # 3 Affidavit of Jesse Webb, # 4 Exhibit Chimino OPS Report Part 1)(Terry, LaShawn) (Entered: 03/03/2015)

1 Affidavit of Chief Davis

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2 Affidavit of Elizabeth Espy

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3 Affidavit of Jesse Webb

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4 Exhibit Chimino OPS Report Part 1

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March 3, 2015 PACER
19

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by City of Atlanta. (Hoffler, Veronica) (Entered: 03/03/2015)

March 3, 2015 PACER
20

Withdrawal of Motion 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Atlanta filed by City of Atlanta. (Hoffler, Veronica) (Entered: 03/03/2015)

March 3, 2015 PACER
21

REPLY to Response to Motion re 17 MOTION for Contempt and Sanctions Against City of Atlanta filed by Felicia Anderson. (Attachments: # 1 Exhibit A - Letter from IBPO Local 623 to Federal Judges, # 2 Exhibit B - Declaration of Clayton Adams, Esq., # 3 Exhibit C - Joint Status Report filed in Calhoun v. Pennington et al, # 4 Exhibit D - Second Motion for Contempt filed in Calhoun v. Pennington et al, # 5 Exhibit E - Order entered in Walker v. Reed et al)(Wan, Albert) (Entered: 03/17/2015)

1 Exhibit A - Letter from IBPO Local 623 to Federal Judges

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2 Exhibit B - Declaration of Clayton Adams, Esq.

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3 Exhibit C - Joint Status Report filed in Calhoun v. Pennington et al

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4 Exhibit D - Second Motion for Contempt filed in Calhoun v. Pennington et al

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5 Exhibit E - Order entered in Walker v. Reed et al

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March 17, 2015 PACER
22

MOTION for Order For Leave of Absence by Felicia Anderson. (Grossman, Daniel) (Entered: 03/24/2015)

March 24, 2015 PACER
23

Minute Entry for proceedings held before Judge Steve C Jones: Motion Hearing held on 4/30/2015 on Plaintiff's motion for contempt (doc. no. 17). The Courtheard oral argument and took the matter under advisement. The Courtdirected counsel for Plaintiff to submit a proposed order and affidavitregarding attorneys' fees on or before Monday, May 4th. The 17 Motion for Contempt TAKEN UNDER ADVISEMENT.(Court Reporter David Ritchie)(kdw) (Entered: 04/30/2015)

April 30, 2015 PACER
24

COURT'S NOTICE Of Filing: By direction of the Court, the attached documents provided to the Court by counsel for Plaintiff during a 23 hearing held on April 30, 2015, and marked as Exhibits 1, 2 and 3 to this notice, shall be made part of the record in this matter. (Attachments: # 1 Exhibits 1-3)(kdw) (Entered: 05/01/2015)

1 Exhibits 1-3

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April 30, 2015 PACER
25

NOTICE Of Filing by Felicia Anderson as per Court's direction at 4/30/15 Hearing (Attachments: # 1 Exhibit A - Proposed Order, # 2 Exhibit B - IBPO Letter to Judge Jones dated May 4, 2015, # 3 Exhibit C - Declaration of Clayton Adams re: OPS complaints, # 4 Exhibit D - Declaration of Gerald Weber re: fees and expenses, # 5 Exhibit E - Declaration of Daniel Grossman re: fees and expenses, # 6 Exhibit F - Declaration of Albert Wan re: fees and expenses, # 7 Exhibit G - Declaration of Clayton Adams re: fees and expenses)(Wan, Albert) (Entered: 05/04/2015)

1 Exhibit A - Proposed Order

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2 Exhibit B - IBPO Letter to Judge Jones dated May 4, 2015

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3 Exhibit C - Declaration of Clayton Adams re: OPS complaints

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4 Exhibit D - Declaration of Gerald Weber re: fees and expenses

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5 Exhibit E - Declaration of Daniel Grossman re: fees and expenses

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6 Exhibit F - Declaration of Albert Wan re: fees and expenses

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7 Exhibit G - Declaration of Clayton Adams re: fees and expenses

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May 4, 2015 PACER
26

NOTICE Of Filing Court Ordered Documents by City of Atlanta re 23 Order on Motion to Hold in Contempt, Motion Hearing,, (Terry, LaShawn) (Entered: 05/05/2015)

May 5, 2015 PACER
27

MOTION for Leave to File City of Atlanta's Response to Plaintiff's Proposed Order on Motion for Contempt Sanctions by City of Atlanta. (Attachments: # 1 Exhibit)(Terry, LaShawn) (Entered: 05/07/2015)

1 Exhibit

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May 7, 2015 PACER
28

ORDER granting the 27 Motion for Leave to Respond to Plaintiff's Proposed Order on Motion for Contempt Sanctions. The Court seeks to resolve Plaintiff's Motion for Contempt and Sanctions (Doc. No. 17 ) as soon as possible, thus Plaintiff is ORDERED to file a reply brief in support of its proposed order, should it choose to do so, by 5:00 PM on May 11,2015. Signed by Judge Steve C Jones on 5/8/15. (kdw) (Entered: 05/08/2015)

May 8, 2015 PACER
29

RESPONSE re 25 and 17 MOTION for Contempt and Sanctions Against City of Atlanta filed by City of Atlanta. (Terry, LaShawn) Modified on 5/12/2015 to edit text and add document link (kdw). (Entered: 05/08/2015)

May 8, 2015 PACER
30

RESPONSE re 25 and 29 Response to Motion (Response to City of Atlanta Comments on Proposed Order) filed by Felicia Anderson. (Weber, Gerald) Modified on 5/12/2015 to edit text and add document link (25) and remove document link (26) (kdw). (Entered: 05/11/2015)

May 11, 2015 PACER
31

ORDER granting the 17 Motion to Hold in Contempt and Sanctions. Defendant is ORDERED to comply with the Court's March 2012 Order (Doc. No. 16 ) and the sanctions imposed under this Order. Defendant is further ORDERED to pay Plaintiff's counsel attorneys' fees and costs in the following amounts within fifteen days of entry of this Order: Gerald Weber: $10.400.00, Daniel Grossman: $10,400.00, Albert Wan: $4,603.50, and Clayton Adams: $460.00. Signed by Judge Steve C Jones on 5/12/15. (kdw) (Entered: 05/13/2015)

May 13, 2015 PACER
32

CLERK'S ATTORNEY FEE JUDGMENT in favor of Plaintiff against Defendant. Plaintiff Felicia Anderson, recovers $10,400.00 for Attorney Gerald Weber, $10,400.00 for Attorney Daniel Grossman, $4,603.50 for Attorney Albert Wan, and $460.00 for Attorney Clayton Adams in attorneys fees and costs from defendant City of Atlanta. (kdw)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 05/13/2015)

May 13, 2015 PACER
33

NOTICE by City of Atlanta re 31 Order on Motion to Hold in Contempt,, (NOTICE OF COMPLIANCE WITH MAY 13, 2015 ORDER) (Terry, LaShawn) (Entered: 06/03/2015)

June 3, 2015 PACER
34

NOTICE Of Filing Declaration of Chief George N. Turner by City of Atlanta (Attachments: # 1 Exhibit Declaration)(Terry, LaShawn) (Entered: 06/18/2015)

1 Exhibit Declaration

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June 18, 2015 PACER
35

NOTICE Of Filing Declaration of Major Paul Guerrucci by City of Atlanta, et al. (Terry, LaShawn) (Entered: 07/06/2015)

July 6, 2015 PACER
36

NOTICE Of Filing by Jeffrey A. Branum, City of Atlanta Notice of Filing the Attached Petition and Supporting Brief (Attachments: # 1 Exhibit Attachment − Petition & Brief)(Shahar, Robin) (Entered: 01/17/2017)

Jan. 17, 2017
37

NOTICE of Appearance by Alisha Irene Wyatt−Bullman on behalf of Jeffrey A. Branum, City of Atlanta (Wyatt−Bullman, Alisha) (Entered: 01/18/2017)

Jan. 18, 2017
38

NOTICE by Jeffrey A. Branum, City of Atlanta Notice of Withdrawal of Counsel − Tamara Baines (Shahar, Robin) (Entered: 01/18/2017)

Jan. 18, 2017
39

NOTICE by Jeffrey A. Branum, City of Atlanta Notice of Withdrawal of Counsel − Robert Godfrey (Shahar, Robin) (Entered: 01/18/2017)

Jan. 18, 2017
40

NOTICE by Jeffrey A. Branum, City of Atlanta Notice of Withdrawal of Counsel − LaShawn Terry (Shahar, Robin) (Entered: 01/18/2017)

Jan. 18, 2017
41

NOTICE of Appearance by Robin Joy Shahar on behalf of Jeffrey A. Branum, City of Atlanta (Shahar, Robin) (Entered: 01/18/2017)

Jan. 18, 2017
42

NOTICE by Jeffrey A. Branum, City of Atlanta Notice of Withdrawal of Counsel − Veronica Hoffler (Shahar, Robin) (Entered: 01/18/2017)

Jan. 18, 2017
43

NOTICE Of Filing by Felicia Anderson Response to "Petition for Emergency Relief" with Exhibits (Attachments: # 1 Exhibit Ex. 1 − Response to "Petition for Emergency Relief", # 2 Exhibit Ex. 2 − David Rudovsky Declaration, # 3 Exhibit Ex. 3 − Lawrence Fox Declaration, # 4 Exhibit Ex. 4 − Chart of Claims, # 5 Exhibit Ex. 5 − Emails, # 6 Exhibit Ex. 6 − Rule 11 Motion)(Grossman, Daniel) (Entered: 02/09/2017)

Feb. 9, 2017
44

NOTICE Of Filing by Jeffrey A. Branum, City of Atlanta (Attachments: # 1 Exhibit City's Reply)(Shahar, Robin) (Entered: 02/22/2017)

Feb. 22, 2017
45

NOTICE Of Filing by Jeffrey A. Branum, City of Atlanta (Attachments: # 1 Exhibit City's Response, # 2 Exhibit Exhibit A−B to City's Response)(Shahar, Robin) (Entered: 03/07/2017)

March 7, 2017
46

ORDER denying City's Petition for Emergency Relief; denying Plaintiffs' Motion for Rule 11 Sanctions and denying Plaintiffs' Motion to Strike Reply. Signed by Judge Richard W. Story on 3/8/2017. (bdb) (Entered: 03/08/2017)

March 8, 2017
47

NOTICE by City of Atlanta Notice of Complaince with Training Requirement Affidavit of Lieutenant Jesse Webb (Attachments: # 1 Exhibit A)(Wyatt−Bullman, Alisha) (Entered: 08/17/2017)

Aug. 17, 2017

State / Territory: Georgia

Case Type(s):

Policing

Key Dates

Filing Date: Oct. 6, 2011

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Private individual who was arrested for filming police officers while they were assaulting a man.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Center for Human Rights (SCHR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Atlanta, City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Unreasonable search and seizure

Special Case Type(s):

Criminal

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 50,000

Content of Injunction:

Develop anti-discrimination policy

Training

Issues

General:

Aggressive behavior

Assault/abuse by staff

Excessive force

False arrest

Over/Unlawful Detention

Discrimination-basis:

Race discrimination

Race:

Black