This past summer, the city of Chattahoochee Hills agreed to pay $600,000 to a young man who was falsely arrested by city police and incarcerated for 99 days on charges of involvement in a shooting and child abuse. The young man sued the city raising claims of false arrest, malicious prosecution, and negligent hiring of police officers.The city council acknowledged that the city’s police chief and detectives had been in the wrong, and voted to authorize the payment, made through the city’s insurer. The case highlights the very real dangers often faced by young African American men when interacting with the police, even when having the best intentions.
In August 2009, then 18-year-old Eric Johnson drove two acquaintances down South Fulton Parkway and dropped them off at an unknown location. The following day, Johnson would see reports of the assault of Shanequa Neely, in which the woman was shot in the back of the neck and her infant was thrown against a wall and pistol-whipped. Later, he saw reports on television that Donivan McCoy and Antoine Wimes—the two men whom he had given a ride—had been arrested for the assaults.
Johnson immediately called the Chattahoochee Hills Police Department and told them the story of how he had dropped off the two men hours before the assault. The police did not act immediately, but two days later called Johnson to ask him to come talk to them. Johnson told officers James Melton and Sidney Brown that he first wanted to speak with his mother, Lolita Horton. According to Horton, she called to ask about the police officers’ interest in her son, and Officer Melton then made threats against both her and her son, accusing them of obstructing justice. At that point, Horton offered to bring her son to speak with the police alongside her and an attorney.
In his lawsuit against the city, Johnson claimed that the officers then informed Police Chief Damon Jones that they would obtain an arrest warrant for Johnson because of his decision to seek counsel from an attorney. The officers had not initially saw reason to arrest Johnson, neither McCoy nor Wimes had accused him of involvement in the assaults, and no other evidence suggesting Johnson’s involvement had been discovered. Yet despite the lack of any indication Johnson was involved, the officers persuaded a magistrate judge to sign an arrest warrant. After his arrest, Eric Johnson was held in custody for 99 days before Judge John Goger ordered the charges against him dismissed.
After Johnson’s civil suit against Chattahoochee Hills went into mediation, the city finally agreed to settle for $600,00. Although the settlement does not effect the police chief or officers responsible for Johnson’s false arrest, all of them have since left the city’s police force. In the years following his ordeal, Johnson enrolled in college where he has had an excellent academic record studying business administration.
When police officers and prosecutors violate individuals’ fundamental constitutional rights—whether through malicious prosecution, negligence, police brutality, destruction of evidence, or any other means—those who have been harmed have the right to sue those government officials and municipalities who have injured them. These types of lawsuits can not only provide compensation to victims of government abuse, but are also an effective means bring needed changes to city and state government so that similar abuses do not occur again in the future. While these cases may be difficult to prove, in those cases where the evidence is strong, jurors are often greatly offended by egregious government behavior and can give plaintiffs significant awards.
Our experienced false arrest attorneys have won numerous important cases—both civil and criminal—involving the abuse of government power. If you believe you have been significantly harmed by police misconduct, we may be able to help you both obtain the compensation you deserve and help correct a police culture that is often out of control.
Johnson immediately called the Chattahoochee Hills Police Department and told them the story of how he had dropped off the two men hours before the assault. The police did not act immediately, but two days later called Johnson to ask him to come talk to them. Johnson told officers James Melton and Sidney Brown that he first wanted to speak with his mother, Lolita Horton. According to Horton, she called to ask about the police officers’ interest in her son, and Officer Melton then made threats against both her and her son, accusing them of obstructing justice. At that point, Horton offered to bring her son to speak with the police alongside her and an attorney.
In his lawsuit against the city, Johnson claimed that the officers then informed Police Chief Damon Jones that they would obtain an arrest warrant for Johnson because of his decision to seek counsel from an attorney. The officers had not initially saw reason to arrest Johnson, neither McCoy nor Wimes had accused him of involvement in the assaults, and no other evidence suggesting Johnson’s involvement had been discovered. Yet despite the lack of any indication Johnson was involved, the officers persuaded a magistrate judge to sign an arrest warrant. After his arrest, Eric Johnson was held in custody for 99 days before Judge John Goger ordered the charges against him dismissed.
After Johnson’s civil suit against Chattahoochee Hills went into mediation, the city finally agreed to settle for $600,00. Although the settlement does not effect the police chief or officers responsible for Johnson’s false arrest, all of them have since left the city’s police force. In the years following his ordeal, Johnson enrolled in college where he has had an excellent academic record studying business administration.
When police officers and prosecutors violate individuals’ fundamental constitutional rights—whether through malicious prosecution, negligence, police brutality, destruction of evidence, or any other means—those who have been harmed have the right to sue those government officials and municipalities who have injured them. These types of lawsuits can not only provide compensation to victims of government abuse, but are also an effective means bring needed changes to city and state government so that similar abuses do not occur again in the future. While these cases may be difficult to prove, in those cases where the evidence is strong, jurors are often greatly offended by egregious government behavior and can give plaintiffs significant awards.
Our experienced false arrest attorneys have won numerous important cases—both civil and criminal—involving the abuse of government power. If you believe you have been significantly harmed by police misconduct, we may be able to help you both obtain the compensation you deserve and help correct a police culture that is often out of control.