Wednesday, December 19, 2001
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Wednesday, December 19, 2001 |
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Judge dismisses most parts of wrongful arrest suit By JOHN
MUNFORD
A federal judge has ruled that three Peachtree City police officers had at least arguable probable cause to arrest a local couple and their son in 1998, although the first officer's entry into the home was unconstitutional. U.S. District Judge Willis B. Hunt Jr. sided with the city and the three officers, dismissing most of the claims brought forth by Kevin, Carolyn and Thomas O'Keefe. The only parts of the O'Keefes' lawsuit that survived the summary judgment ruling were related to injuries Carolyn O'Keefe sustained while she was being arrested by Officer Vicky Roman. Roman claims she used a minimal amount of force during the arrest with a technique called the "arm bar," which calls for very little force in order to easily get a person into handcuffs, Hunt said in the order. But two children who witnessed the incident said in depositions that Roman banged Carolyn O'Keefe against a wall several times and put a knee in her back despite the girls calling out that their mother had a bad back, Hunt wrote. Attorneys representing the city say they plan to defend the allegations in court and vigorously defend Roman and the city. Carolyn O'Keefe suffered a black eye, back pain and an injury to her pyriformis muscle that later required injections and surgery, according to the order. She also had previous problems with her back before the arrest, the order indicates. In their original complaint, the O'Keefes claimed they were illegally arrested by the officers, a claim that was rejected by Hunt in his order granting partial summary judgment to the officers, who were individually named, and Peachtree City. Kevin O'Keefe was arrested after he retreated into the kitchen while Sgt. Wendell D. Lamb tried to investigate the potential domestic disturbance, according to Hunt's order. Carolyn O'Keefe was arrested for obstruction of a police officer after she walked away from officers Vicky M. Roman and Sgt. Lamb, against their orders, Hunt noted. Thomas O'Keefe was arrested for simple battery after he tried to shove aside the arm of Officer James B. Hughes while Carolyn O'Keefe, his mother, was being arrested by Roman, Hunt added. Each of the arrests was valid, Hunt noted, although he also said the original entry into the house by Sgt. Lamb was indeed unconstitutional. Hunt ruled the officers did not illegally enter their home because Lamb, who entered first, believed a domestic dispute had occurred and Roman and Officer James B. Hughes entered to insure Lamb's safety upon his request for assistance. "Georgia Supreme Court law, as well as United States Supreme Court and Eleventh Circuit jurisprudence, did not explicitly prohibit a warrantless entry to secure a home where domestic violence is suspected ..." Hunt wrote in the order. Hunt noted that Roman and Hughes heard Kevin O'Keefe screaming at and threatening Lamb over the radio when the sergeant called for backup. The O'Keefes also claimed in the suit that Peachtree City failed to properly train its police officers. However, Hunt noted there is a significant amount of evidence "of Peachtree City's dedication to training police officers."
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