Friday, December 6, 2002
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Friday, December 6, 2002 |
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Access to suspect's medical records at dispute in federal lawsuit against PTC police officer By JOHN MUNFORD
Attorneys for a woman who claims she was roughed up by a Peachtree City police officer during an arrest are opposing a move by city attorneys to gain access to more of her medical records. In papers filed recently in federal court in Newnan, lawyers for Carolyn O'Keefe contend the records should have been sought during the discovery period. But city attorneys counter the records should not be subject to the court's discovery rules, arguing the records are necessary to prepare for upcoming medical depositions. O'Keefe claims Officer Vicky M. Roman injured her arm and back when she was arrested in her home on charges of obstruction of a police officer. The suit claims Carolyn O'Keefe was pushed violently into a wall as Roman arrested her, causing back injuries. The city claims O'Keefe was arrested after disobeying the orders of another officer to remain where she was while her husband was being questioned about an alleged domestic dispute. Prior to the arrest, O'Keefe reportedly suffered from pre-existing injuries to her back for which she accepted disability benefits, according to court documents. Roman could not have known about O'Keefe's prior injuries when the arrest was made and she was using an established law enforcement technique to subdue a suspect, the city has argued. O'Keefe's attorneys contend the couple's two daughters tried to warn Roman of their mother's back injuries, but they were ordered back into their rooms by the officers. The incident was the subject of a broader suit filed by Mrs. O'Keefe, her husband Kevin and their son, Thomas. But last year, a federal judge dismissed all the charges against the police officers and the city except for the excessive force claim against Roman. The O'Keefes were brought up on various criminal charges in Fayette County State Court, but a jury verdict against them was overturned by Judge Fletcher Sams, who ruled the officers did not have probable cause to enter the home and conduct an investigation. In dismissing the federal charges against the city and two other officers on the scene, Federal District Judge Jack T. Camp noted that the officers did not illegally enter the home because Sgt. David Lamb, who entered the home first, believed a domestic dispute had occurred and officer Roman and officer James B. Hughes entered to insure Lamb's safety after he requested their assistance.
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