Friday, September 1, 2000

City answers O'Keefe lawsuit

Defendants deny any wrongdoing; officers countersue

By JOHN MUNFORD
jmunford@TheCitizenNews.com

Claiming their reputations have been sullied, three Peachtree City police officers who are being sued for illegally entering a local family's home and arresting them two years ago have filed a countersuit against the family.

The countersuit claims that the O'Keefe family made false statements about the incident to local news media. The countersuit asks for damages against the O'Keefes for libel and slander.

The countersuit was filed along with the answer to the O'Keefes' lawsuit against the city and officers Wendell D. Lamb, Vicki M. Roman and James B. Hughes.

Kevin O'Keefe, his wife Carolyn O'Keefe and son Thomas Patrick O'Keefe were arrested on various charges by the officers on Aug. 18, 1998 i
nside the O'Keefes' home on Nettlecure Court. But later, State Court Judge Fletcher Sams overturned a jury verdict to convict the O'Keefes of the charges.

Sams ruled that the officers entered the house without probable cause, making the arrests illegal.

In the city's answer to the suit, the officers claim they were investigating a domestic dispute when they entered the O'Keefes' home that evening, according to court documents.
Eventually, Kevin and Carolyn O'Keefe were arrested for obstruction of a law enforcement officer and Thomas Patrick O'Keefe was arrested for simple battery.

The city's answer admits the officers were in the area to investigate a noise complaint at another residence on Nettlecure Court. But the officers approached several people in front of the residence who indicated that a physical altercation had recently occurred inside the house, the city alleges.

At that point, the officers began to investigate a possible case of family violence, the city's answer states.

The suit alleges that Officer Lamb first entered the home without knocking
or asking permission to enter. It also claims that Kevin O'Keefe asked Officer Lamb to leave the house after he entered.

The city's answer states that the officers decided not to leave until they had fully investigated the possible occurrence of family violence.

The city also denies that Roman banged Carolyn O'Keefe's head repeatedly against the wall and treated her roughly while placing her in handcuffs. The suit charges that Carolyn O'Keefe had to receive medical treatment for injuries to her back and she suffered severe depression, needing psychological counseling because of the incident.

The city maintains that Thomas O'Keefe assaulted officer Hughes, though the O'Keefes' suit claims he only pushed Hughes aside to assist his mother while she hollered in pain when she was handcuffed.

The officers did not illegally search the O'Keefes' residence after the family was taken away from the scene, the city contends.

The city also denies the allegation that it condones and authorizes the use of excessive force by its officers.


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