$100 MILLION SUIT

Walkers Refile in Superior Court, Add Muscogee County to Lawsuit

Kenneth Walker's family attorneys refiled a civil lawsuit seeking $100
million from Muscogee County Sheriff Ralph Johnson, former deputy sheriff
David Glisson and Muscogee County. This time, the suit was filed in
Superior Court and not federal court. "We believe that in Superior Court, a
true jury of Walker's peers will hear the case," attorney Bill Campbell
said of the previous Feb. 24 suit that was later withdrawn. "Citizens on
the jury will only come from Muscogee County and we believe that is a
better forum to deal with matters involving the Muscogee County Sheriff's
Department."

Friday marked the one-year anniversary of Walker's fatal shooting by
then-deputy sheriff Glisson during a traffic stop on Interstate 185 that
was part of a drug investigation. The Walker family's lead attorney, Willie
Gary of Stuart, Fla., said on the steps of the Government Center Friday
that it was a sad but historic day. "This is the day Kenneth Walker was
executed, shot and killed by a deputy of this county for absolutely no
reason that can be justified," Gary said. "While we cannot bring Kenneth
back, we can continue the commitment and effort to make sure this young
man's life was not in vain."

The suit names widow Cheryl Walker and her and Kenneth Walker's
preschool-age daughter as plaintiffs in the suit. Like the previous suit,
this suit alleges that Glisson used excessive force, as defined by the
Fourth Amendment, and deprived Walker of life and liberty without due
process of law, a right guaranteed by the 14th Amendment. The suit holds
Johnson accountable in Walker's death because Glisson was following the
sheriff's "official policies, procedures and customs" when he shot Walker.
In addition, the suit alleges Johnson and Muscogee County bear
responsibility for failing to adequately train and supervise Glisson.

City Attorney Clifton Fay had not viewed the suit Friday afternoon but said
"an appropriate response will be filed with the court." Glisson's attorney,
Richard Hagler, had not seen the suit filed and did not want to comment
until he had. A comment from Johnson was unavailable. The initial suit was
filed against Johnson, Glisson and the sheriff's department. Walker
attorneys asked in April for the case to be dismissed without prejudice,
which would allow it to be filed again.

The motion was filed with the intention of expanding the suit by adding
additional counts to the complaint and refiling. U.S. District Court Judge
Clay Land allowed the suit to be withdrawn in June after he dismissed the
sheriff's department from the suit. Land ruled that the original suit
should not proceed against the sheriff's department because Georgia law
holds departments immune from such suits. Because the sheriff's
department's counsel filed a motion to dismiss citing that law and arguing
for its application, while the attorneys for the Walker family filed no
response to that motion, Land dismissed the suit against the agency "with
prejudice," meaning the suit may not be refiled.