Tuesday, May 7, 2013

Illegal search? | Atlanta lawyer


The red dog unit was a city of Atlanta tactical unit that fell under the acronym run every drug dealer out of Georgia. They were very controversial and created a lot of problems with some of their tactics. Recently, there has been a lawsuit by Ricky Sampson who claims that he was stopped without cause and strip-searched in 2010 at the mall west and parking lot by officers from the red dog unit. Sampson, a city employee, was neither arrested nor charged with a crime. He filed a civil right suit in February 2012 in US District Court for the Northern District of Georgia naming the city, Mayor Kasim Reed and several current and former police officers as defendants. Sampson’s complaint asserted claims for unreasonable search and seizure, false imprisonment, abuse and being arrested and battery, as well as claims for punitive damages. Recently, on March 28, Judge Thomas Thrasher issued an order dismissing the city and Mayor as defendants, finding that Sampson’s attorneys failed to prove the city’s police department had an official policy directing officers to perform illegal strip searches. The order written by the judge did say there was some evidence that the red dog unit conducted strip searches of as many suspects as possible based on police supervisor’s instructions, but the judge felt that the official was not of the rank that they would be acting on behalf of the city of Atlanta. We’ve always maintained there is no policy to conduct illegal strip searches, Richardson said. The city of Atlanta police chief stated that he was unaware of illegal strip searches. Atlanta has paid out more than 750,000 in damages to 8 people who since 2007 were subjected to public body cavity and strip searches by police. Plaintiffs allege that there were a pattern and practice of the illegal searches from 2006 to forward. 2 police officers remain in the suit even though they argued they were protected by qualified immunity. The judge denied summary judgment to Pettis and Godwin, 2 police officers alleged to have searched the plaintiff illegally, finding that a reasonable law enforcement officer would be aware that he needed reasonable suspicion that a suspect held contraband in his private areas before strip searching him. All but the plainly incompetent or those who knowingly violate the law find protection in qualified immunity Thrash wrote. Attorney for the city Mr. Richardson said the city is willing to litigate on behalf of the officers because they believe their side of the story. If you been illegally searched please contact an Atlanta lawyer.

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