And The Defense Wins
DRI member Kenneth D. Jones, a partner with Hall, Booth, Smith & Slover, P.C. in Atlanta, won a defense verdict on May 12, 2010, in the U.S. District Court for the Northern District of Georgia, Atlanta Division in a 42 U.S.C. § 1983 civil rights claim for excessive force. He represented City of East Point, Georgia Police Officer Curry Walker, Jr. against the excessive force claim by Craig Holmes.
Officer Walker was forced to shoot Mr. Holmes on April 4, 2004, after Mr. Holmes fled when Officer Walker began an investigative encounter at a gas station. While on patrol, Officer Walker saw what appeared to be a woman in distress in an encounter with Mr. Holmes. Officer Walker interceded, and as the officer got out of his patrol car, Mr. Holmes ran across the street to a motel, and Officer Walker followed. In the motel lobby, Officer Walker drew his gun and repeatedly told Mr. Holmes to show his hands, because his right hand was always hidden in his pocket, and to get down on the ground. Mr. Holmes refused and, after a few moments, charged at Officer Walker. Officer Walker fired a single shot that hit Mr. Holmes in the hip. Mr. Holmes' version was very different, claiming that Officer Walker shot him while his hands were up and as he was trying to get on the floor.
Mr. Holmes had alleged that Officer Walker initially had no right to stop or question him, saying there was no probable cause. The court, at trial, correctly pointed out that "probable cause" was not required, but rather "reasonable articulable suspicion" was required to initiate an investigation.
After a three-day trial, the jury returned a defense verdict for Officer Walker, indicating that the stop and shooting were justified. Earlier in the case, the court denied qualified immunity to Officer Walker, which allowed the trial to go forward. Following the jury verdict, the court had the clerk enter the verdict and assessed costs against Mr. Holmes.
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