Friday, March 8, 2002
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Friday, March 8, 2002 |
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Mediation ordered in O'Keefe lawsuit By JOHN
MUNFORD
A federal lawsuit against Peachtree City and one of its police officers is headed toward mediation. U.S. District Judge Jack T. Camp Jr. has ordered the city to participate in mediation talks with Carolyn O'Keefe, who claims she was injured when she was arrested by Officer Vicky M. Roman while police investigated a possible domestic violence incident in 1998. In his order, the judge said the mediation should be non-binding and that both parties will retain their right to a trial if necessary. Camp also ordered the parties to split the cost of mediation unless they can agree to a different arrangement. The O'Keefe family has a federal lawsuit pending against the city, but most of the family's claims have been dismissed by the court. The only issue remaining is whether Carolyn O'Keefe was injured when she was arrested. The suit claims Carolyn O'Keefe was pushed violently into a wall as Roman arrested her, causing back injuries. Court documents indicate she had back problems before her arrest. Any testimony from O'Keefe herself, however, may be called into question. According to court documents, she underwent hypnosis to recall facts of the incident before she testified in a deposition on the case. Attorneys for Peachtree City could possibly use that to bar O'Keefe as a witness. According to court documents, the incident was witnessed by two of the O'Keefes' daughters in addition to her husband, Kevin and her son, Thomas. Carolyn O'Keefe was arrested for obstruction of a police officer after she walked away from officer Roman and Sgt. Wendell D. Lamb, against their orders. Kevin O'Keefe was arrested after he retreated into the kitchen while Sgt. Lamb tried to investigate the potential domestic disturbance. 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. The O'Keefes were originally convicted of those charges before the verdict was overturned by State Court Judge Fletcher Sams, who ruled the arrests were illegal based on a lack of probable cause to enter the residence. In a December ruling, Judge Hunt dismissed most of the O'Keefes' claims, saying the officers did not illegally enter their home because Sgt. Lamb, who entered first, believed a domestic dispute had occurred and officer Roman and officer Hughes entered to insure Lamb's safety upon his request for assistance.
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