Friday, May 11, 2001
Friday, May 11, 2001 |
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Federal lawsuit against PTC, three police officers could be settled soon By JOHN
MUNFORD
A settlement may be forthcoming in a federal lawsuit against Peachtree City and three of its police officers, according to court records. In the lawsuit, Kevin O'Keefe, his wife Carolyn O'Keefe and their son, Thomas Patrick O'Keefe, accuse the officers of illegally entering their Nettlecure Court residence Aug. 18, 1998 and arresting them on various charges. The city and the officers claim they legally entered the home to investigate a possible domestic disturbance and "physical altercation" that was reported to them by a person located outside the structure. The officers James B. Hughes, Vicki M. Roman and Wendell D. Lamb have countersued the O'Keefes for libel and slander. The countersuit is largely based on statements the O'Keefe family made to local news media which the officers claim have damaged their reputations. Court records filed recently indicated there is a chance the litigation might be settled as soon as the discovery process is completed. In those records, lawyers for both sides indicated that information came to light during the March depositions of the officers which must be probed further before a settlement could be considered. The discovery period for both sides was extended through May 16 and if the case goes to trial, it could begin in April 2002 unless the case is ready at an earlier date, according to court records. A witness list filed by the city indicates that it plans to question several of Kevin O'Keefe's former co-workers from the College Park Police Department about complaints lodged against him during his employment there. When the incident at the O'Keefes' home occurred in 1998, Kevin and Carolyn O'Keefe were 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 by a jury, but the convictions were overturned in October of last year by State Court Judge Fletcher Sams. The judge ruled "as a matter of law there was insufficient probable cause to justify the initial entry into the defendant's home, which therefore rendered the officer's presence in the home illegal," according to an order he signed. The federal lawsuit claims that Carolyn O'Keefe suffered a back injury when she was arrested in a rough manner by Officer Roman, a contention the city has officially denied through its answer to the lawsuit. 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." In a reply to the lawsuit, the city asserts that it properly trains and supervises its police officers and does not condone excessive use of force. The Police Department also utilizes practices and procedures consistent with state and federal laws, the city claims.
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