By JOHN MUNFORD
jmunford@TheCitizenNews.com

Peachtree City and three city police officers are being sued in federal court by three members of a local family who claim they were falsely arrested when police entered their home without permission almost two years ago.

The suit was filed last week by Kevin O'Keefe, his wife, Carolyn O'Keefe and their son, Thomas Patrick O'Keefe. The suit claims that they were illegally arrested for various charges when police officers James B. Hughes, Vicky M. Roman and Wendell David Lamb entered their home without permission Aug. 18, 1998.

City Attorney Rick Lindsey said the city looks forward to the suit as an opportunity for the city and the officers to “clear their names.” The city had been put on notice about 18 months ago that the O'Keefes planned to file a suit, Lindsey added.

The city has 20 days from the filing date to file an answer to the suit.

The lawsuit doesn't ask for a specified amount of damages. However, it claims that the family has spent more than $25,000 in medical expenses and over $5,000 in legal fees related to the incident.

On that early morning in August 1998, Kevin and Carolyn O'Keefe were originally arrested for obstruction of a law enforcement officer and maintaining a disorderly house. At the same time, Thomas Patrick O'Keefe was arrested for simple battery.

The O'Keefes were originally convicted on those charges, but the convictions were overturned last October by State Court Judge Fletcher Sams. The judge ruled that “as a matter of law there was insufficient probable cause to justify the initial entry into the defendant's home, which therefore rendered the officers' presence in the home illegal,” according to a written order.

The suit alleges that after making the arrest, the officers illegally searched the O'Keefes' home.

According to the suit, officers Hughes, Roman and Lamb were in the area to investigate a noise complaint from a residence near the O'Keefes' residence on Nettlecure Court Aug. 18, 1998. After investigating the matter, Lamb entered the O'Keefes' home without permission when he was told by Kevin O'Keefe to leave, the suit alleges.

The arrests stemmed from events that unfolded due to the officers' illegal presence, the suit argues. The suit also claims that Carolyn O'Keefe suffered a back injury when she was arrested in a rough manner by Roman. It also alleges that the officers were told several times that O'Keefe had back trouble.

“The use of violent physical force to subdue and restrain plaintiff Carolyn O'Keefe was an unjustified and an excessive use of force by defendant Roman and patently illegal,” the suit states.

The suit also claims that Thomas Patrick O'Keefe pushed aside Hughes as he entered the house in an attempt to assist his mother while she was being arrested. The youth in no way illegally obstructed Hughes in the legal performance of his duty, the suit alleges.

The suit also claims that “Peachtree City condones and authorizes the excessive use of force by its police officers, allowing the same to go unsupervised, uninvestigated and unpunished, thereby making the use of excessive force tantamount to city policy and practice.”