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Sample Cases

Recent Law Enforcement Liability Defense Work

HOLLBERG & WEAVER, LLP
(404) 760-1116
Last Updated 10/12/07

 

Case Name

 

Case Number and
Court

 

Alleged Misconduct

 

Result

Tilley v. City of Hapeville, et al.

CAFN 92-VS-65815-E (Fulton County State Court)

Negligence in responding to traffic accident

Summary judgment granted on all claims;  Affirmed on appeal;  Certiorari granted and then dismissed

 

Maxton v. City of Blairsville and Carson

 

CAFN 2:93-CV-0044-WCO
(U.S. District Court, N.D. Ga.)

 

Speech

 

Complete summary judgment granted to defendants; No appeal

Uboh v. City of Roswell, et al.

CAFN 1:93-CV-2987-CAM (U.S. District Court, N.D. Ga.)

Search & seizure;  arrest

Complete summary judgment granted to defendants on federal claims;  Affirmed by 11th Circuit

Fortson v. City of Elberton, et al.

CAFN 94-67-ATH (DF) (U.S. District Court, M.D. Ga.)

Search & seizure of property;   Arrest

Summary judgment granted to defendants on all issues;  Affirmed by 11th Circuit

 

Dove v. City of Alpharetta, et al.

 

CAFN 1:94-CV-0125-ODE
(U.S. District Court, N.D. Ga.)

 

Speech, Fair Labor Standards (overtime)

 

Partial summary judgment granted to defendants; Remaining claims settled for nominal sum

Hammond v. Hall County, et al.

94-CV-1125B (Hall County Superior Court) (earliest case) (2 separate cases filed on behalf of different plaintiffs)

Negligence in allowing prison inmate to escape and steal car;  due process

Summary judgment granted on all claims;  Affirmed on appeal

Kruger v. City of Lawrenceville

CAFN 1:94-CV-1572-JOF (U.S. District Court, N.D. Ga.)

Excessive force

Partial summary judgment granted to defendants;  Jury verdict in favor of defendants on remaining claims;  No appeal

 

Swanson and Ponder v. Georgia Peace Officers Standards and Training Council, et al.

 

CAFN 94-CV-1573-GET (U.S. District Court, N.D. Ga.)

 

Gender, speech

 

Complete summary judgment granted to defendants;  No appeal

Price v. Roe & Fitzgerald (City of Roswell)

CAFN 95-CV-185-RCF (U.S. District Court, N.D. Ga.)

Arrest;  excessive force

Complete summary judgment granted to defendants on federal claims;  Affirmed by 11th Circuit

Jeffcoat v. City of Riverdale

CAFN 1:95-CV-0311-CAM
(U.S. District Court, N.D. Ga.)

Seizure, due process (murder committed by officers)

Summary judgment granted on all issues;  Appeal dismissed

Brewster & Ramey v. Georgia Dept. of Corrections, et al.

CAFN 95-CV-659S (Habersham County Superior Court)

Eighth Amendment

Jury trial;  Directed verdict in favor of defendants on all claims;  No appeal

Coffee v. Brooks County, et al.

96-CV-76 (Brooks County Superior Court)

Negligence in responding to flooding of public roads;  wrongful death

Summary judgment granted on all claims;  Affirmed on appeal

Harper v. City of East Point, et al.

CAFN 96VS0116700D (Fulton County State Court)

Assault by officer, negligent hiring and retention

Summary judgment granted on all issues;  Partially reversed on appeal;  Jury verdict for $20,000  (extremely bad facts for defendants;  defendants offered $150,000 before trial);  No appeal

Cloud. v. City of Atlanta, Harrington, et al.

CAFN 1:97-CV-0190-JEC (U.S. District Court, N.D. Ga.) (earliest case) (4 separate cases filed on behalf of different plaintiffs)

Search & seizure of property;  Arrest

Summary judgment granted on all claims in one case and affirmed on appeal;  Partial summary judgment granted on one case;  Summary judgment motion filed in another case;  All claims against Harrington (only party represented) voluntarily dismissed

Slicker v. City of Summerville, Gilleland, et al.

CAFN 4:97-CV-0248-RLV (U.S. District Court, N.D. Ga.)

Arrest;  excessive force

Former police chief (only party represented) voluntarily dismissed during discovery

Igberease v. Georgia World Congress Center, et al.

CAFN 1:97-CV-378-JTC (U.S. District Court, N.D. Ga.)

Excessive force

Partial summary judgment granted;  Jury verdict for $50,001 against one officer (extremely bad facts for this officer);  Jury verdict in favor of other officers;  Settled during appeal

Couture v. Georgia Dept. of Juvenile Justice, et al.

CAFN 2:98-CV-0101-WCO (U.S. District Court, N.D. Ga.)

Eighth
Amendment

Complete summary judgment granted to defendants on federal claims;  No appeal;  State claims remanded to state court and voluntarily dismissed

Jenkins v. Georgia Dept. of Corrections, et al.


CAFN 4:98-CV-0101-HLM (U.S. District Court, N.D. Ga.)

 

Speech

 

Complete summary judgment granted to defendants on federal claims;  State claims dismissed without prejudice;  No appeal;  State claims dropped

Phyllis Tucker Dimou v. Georgia Dept. of Corrections, et al.

 

CAFN 4-99-CV-0197-HLM (U.S. District Court, N.D.Ga.)

 

Sexual harassment, speech

Motion to dismiss or for summary judgment granted;  No appeal

Chung, et al. v. Georgia State University Police Dept., et al.

CAFN 1:99-CV-0309-CAM (U.S. District Court, N.D. Ga.)

Arrest;  excessive force

Partial summary judgment granted;  Settled while on interlocutory appeal to 11th Circuit

Stephens v. Georgia Dept. of Corrections

CAFN 1:99-CV-2674-CAP (U.S. District Court, N.D. Ga.)

Equal protection

Motion to dismiss granted

James Howard Jordan v. Cobb County, et al.

CAFN 1:99-CV-2837-JEC (U.S. District Court, N.D.Ga.)

Excessive force

Partial summary judgment granted;  Jury verdict in favor of remaining Defendant

Barwick v. Georgia Dept. of Corrections, et al.

CAFN 00-A09030 3 (Gwinnett County Superior Court)

Eighth Amendment;  Jail suicide

Partial summary judgment granted;  Application for interlocutory appeal granted;  Settled

Inyang Peter Oduok v. Ferro, et al.

CAFN 1:00-CV-2046-JEC (U.S. District Court, N.D.Ga.)

Excessive force

Jury verdict in favor of Defendants; Appeal pending

Keheley v. Cobb County, et al.

CAFN 1:01-CV-0247-WBH (U.S. District Court, N.D.Ga.)

Race

Motion for summary judgment granted;  Appeal dismissed

Syljuberget v. Georgia Dept. of Corrections, et al.

CAFN 2002-V-603 (BS) (Butts County Superior Court)

Eighth Amendment;  Jail suicide

Motion for summary judgment granted;  Appeal dismissed

Philpot v. Cobb County Police Dept., et al.

CAFN 1:02-CV-2511-JOF (U.S. District Court, N.D. Ga.)

Unlawful seizure and excessive force

Motion for summary judgment granted; Settled while on interlocutory appeal to 11th Circuit

Wall v. Ferrero, et al (Ga. Dept. of Corrections).

CAFN 1:03-CV-2463-BBM (U.S. District Court, N.D. Ga.)

Eighth Amendment, denial of medical care, prison conditions

Motion for summary judgment granted;  Appeal pending

Kjellsen v. Terry Mills, et al.(GBI)

CAFN 1:03-CV-3002-CAP (U.S. District Court, N.D. Ga.)

Withholding exculpatory evidence

Motion for summary judgment denied; Second appeal pending

Rhodan v. Schofield et al.,

Civil Action File No. 1:04-CV-2158-TWT (U.S. District Court, N.D. of Ga.)

Eighth Amendment;  Inmate injured

Motion for summary judgment granted as to some claims; Jury verdict in favor of remaining Defendants

Couther v. Donald, et al.

1:04-CV-02166-CAP (U.S. District Court, N.D. Ga.)

Eighth Amendment;  Inmate death

Motion to dismiss granted in part;  Motion for summary judgment granted as to remaining claims

Tatroe v.  Cobb County, et al

CAFN 1:04-cv-1074-WSD (U.S. District Court, N.D.Ga.)

Speech

Partial summary judgment granted; Affirmed on appeal; Trial pending

Temeka Hayes, etc., et al. v. Brooks, et al.

CFN 06CV3351 (Bartow County Superior Court)

Wrongful death, negligence

Pending

1Cases are listed in case number order. Case numbers generally indicate the year of filing.

Bill Hollberg & George Weaver, Atlanta Attorneys at Law | 2921 Piedmont Rd. NE, Suite C Atlanta, GA 30305