Friday, May 25, 2001
Friday, May 25, 2001 |
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City seeks dismissal of federal lawsuit alleging illegal entry by police officers By JOHN
MUNFORD
Attorneys handling the federal lawsuit filed by a Peachtree City family against the city and three police officers recently said it is unlikely the case will be settled. Furthermore, the city is asking for the suit to be dismissed based on a technicality. In a motion to dismiss the case, the city claims the officers and the city were improperly served notice of the lawsuit. 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 house. 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. In the motion to dismiss, the city claims the process documents for the city and the officers were served on a receptionist at the office of Webb, Stuckey and Lindsey. However, the O'Keefes' attorneys claim the process server attempted to serve the officers and the city at the police station where the server was instructed to go to the city attorney's office. The discovery period for the case expired last week, but the case has tentatively been set for trial in April 2002 unless attorneys are prepared at an earlier date, according to court records. When the incident at the O'Keefes' home occurred Aug. 18, 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 O'Keefes also claim that Carolyn O'Keefe was injured when she was arrested by Roman, a fact the city and the officers dispute in court filings. 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.
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