CIVIL SUITS, FEDERAL PROBE NEXT

UGA Professor Says No-Bill Does Not Create Double Jeopardy

A grand jury's decision Tuesday not to indict former Muscogee County
Sheriff's Deputy David Glisson in the shooting death of Kenneth Walker on
Dec. 10 eliminates the possibility of a state criminal case.

But two civil suits are promised and a federal investigation into
whether Walker's civil rights were violated.

If the Justice Department gets involved, it likely would be under
Section 1983 of the U.S. Code. The Civil Rights Act of 1871 is found
in Title 42, Section 1983 of the United States Code and is commonly
referred to as Section 1983, according to the Family Rights
Association.

This section of law provides that anyone who, under color of state or
local law, causes a person to be deprived of rights guaranteed by the
U.S. Constitution, or federal law, is liable to that person.

Emory University law professor Richard D. Freer said Wednesday the act
was established in the wake of the Civil War to guarantee people's
13th and 14th amendment rights, but wasn't really used until the
1960s. Today, thousands of these cases are filed each year, he said.

"It's been a very good tool for vindication for civil rights," Freer
said. "It's a very important section and is widely used."

Reginald Pugh, director of the Metro Columbus Urban League, said the
involvement of the Justice Department would be welcomed since it could
lead to a public airing of the details of the case.

"This case needs to be in front of a jury," Pugh said.

Mayor Bob Poydasheff said comments he received on Wednesday urged him
to continue to work for temperance and to understand people's hurts.

Poydasheff, a lawyer and a college professor, understands the purpose
of Section 1983 but said it is up to the Justice Department to
determine whether a violation of the civil rights laws has occurred.

"That is certainly not in my jurisdiction," he said.

Pugh said people in the community were stunned that the case was heard
in a single afternoon and that the grand jury took only 41 minutes to
determine not to indict Glisson. Glisson shot and killed Walker as
part of a drug investigation.

"If they could dispose of this case in 41 minutes, why did the
investigation take so long?" Pugh wondered.

13 whites, 7 blacks

The racial makeup of the grand jury also concerned local citizens,
Pugh said. Glisson is white and Walker black. The 21-member grand jury
was composed of 13 whites and seven blacks. One juror's race was
listed as "other."

"Anyone who goes before a jury would want it to reflect their
community or society," Pugh said.

Walker family lawyer Willie Gary said Tuesday there will be a civil
suit filed in State Court within the next 10 days against Glisson.

Glisson's attorney, Richard Hagler, has said there will be a wrongful
termination suit involving the city. Glisson, a member of the
department for 20 years, was fired in February by Sheriff Ralph
Johnson, who said the deputy had failed to cooperate in the Walker
investigation.

The federal portion of the investigation, which is looking into
possible civil rights violations, continues, FBI Special Agent Steve
Lazarus said Tuesday. He would not comment on the findings, but said
the handling of the case is being dealt with in the same manner as
other cases brought before them. A comment from the U.S. Justice
Department was unavailable Wednesday.

The federal agency began its investigation in December shortly after
the Georgia Bureau of Investigation's. According to a U.S. Justice
Department manual, the agency has "investigative jurisdiction for any
civil rights complaint against any federal, state or local law
enforcement officials."

The state's decision not to indict does not mean the federal
government cannot indict over the same incident, University of Georgia
law professor Ron Carlson said.

"The question is when Superior Court no-bills the case, is that double
jeopardy? Has the defendant been found not guilty?" Carlson said. "The
answer is no. It is the separate sovereign doctrine. If a crime or a
conduct transgresses at the same time, both governments have
concurrent jurisdiction."