March 22, 2019

            In a recent decision from the Eleventh Circuit, the court found that an officer who tightens handcuffs with the intent to cause pain may be held liable for use of excessive force.  Sebastian v. Ortiz, 17-14751, 2019 WL 1187012 (11th Cir. Mar. 14, 2019).  In so finding, the court used the test as laid out by the U.S. Supreme Court in Graham v. Connor, 490 U.S. 386, 396 (1989) and extended by Vinyard v. Wilson, 311 F.3d 1340, 1347 (11th...

March 19, 2019

            In July 2010, officers arrested Javon Thomas for assault and interference with custody of a minor child. The next morning, Corrections Officer Randy Avery was concluding his patrol duties when “[he] was informed that there was a medical emergency where an inmate was possibly having a seizure.” Avery then, “saw inmate Javon Thomas sitting on the top bunk,” “sweating profusely” with “mucous coming out of his nose and saliva coming out of his mouth.” The officers attempted to have...

March 7, 2019

            In 2013, Fulton County (the “County”) and SOCO Contracting Company, Inc. (“SOCO”) executed a written contract for the construction of a cultural center. The contract was approved by the Fulton County Board of Commissioners (the “Board”). As a result of several delays, including those caused by change orders, inclement weather, and the shutdown of the federal government, the scope of the work and timeline for completion was altered. SO...

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