Arrest of Individuals Filming an Arrest May Rise to the Level of a Constitutional Violation

Diane and Andre Johnson, who were arrested following their criticism of a police officer's arrest of a third party, brought an action against the police officers alleging false arrest, retaliatory arrest, and malicious prosecution under § 1983, and against the county for municipal liability under § 1983. Johnson v. DeKalb County, Georgia, 391 F.Supp.3d 1224 (N.D. Ga. 2019). Defendants moved for summary judgment. The Johnsons had gone to a restaurant to meet their friends, the Chambers. The Chambers left the restaurant before the Johnsons, using a backdoor at the side of the restaurant to exit. The Johnsons then left the restaurant and got into their car. However, as they were leaving the

Whether an Inmate Has a Serious Medical Need Must Be Evaluated Objectively

Thomas Brennan, an inmate, slipped and fell on a wax concrete floor in prison, rupturing several discs in his neck and lower spine. He underwent neck surgery in September 2011 and was prescribed Vicodin for pain. The prison physician continued to prescribe narcotic pain medication for Brennan’s chronic pain. In June 2012, Brennan was transferred to another prison, where he submitted requests for medical treatment to have his pain medication renewed. He was evaluated by Dr. Dyjerlynn Lampley-Copeland three days after his prescriptions had run out. He told the doctor he was having pain and withdrawal symptoms, including hot and cold flashes, nausea, diarrhea, constipation, and sleeplessness, a

Respondeat Superior Does Not Waive Sovereign Immunity

In Conway v. Jones, __ S.E. 2d __, 2019 WL5417726 (2019) the Georgia Court of Appeals reversed the trial court’s denial of a sheriff’s motion to dismiss. Plaintiff Janise Latrell Jones (“Jones”) filed suit against Sheriff R.L. “Butch” Conway (“Conway”) in his official capacity after a former sheriff’s deputy allegedly sexually assaulted Jones. Jones alleged Conway was negligent through respondeat superior and by 1) allowing male deputies to transport female inmates, 2) failing to discover previous sexual abuse by the deputy, and 3) engaging in a pattern of hiring employees who commit sexual assault against inmates. Conway filed a motion to dismiss in the trial court asserting sovereign im

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