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News (Media Awareness Project) - US GA: Judge Dismisses Sheriff's Department From Lawsuit in
Title:US GA: Judge Dismisses Sheriff's Department From Lawsuit in
Published On:2004-06-03
Source:Ledger-Enquirer (GA)
Fetched On:2008-01-18 08:25:32
JUDGE DISMISSES SHERIFF'S DEPARTMENT FROM LAWSUIT IN FATAL SHOOTING

COLUMBUS, Ga. - A federal judge has dismissed the Muscogee County
Sheriff's Department from a civil suit filed by the family of a man
who was fatally shot by a deputy during a Dec. 10 traffic stop along
Interstate 185.

Attorneys for the widow and child of Kenneth Walker wanted to win
voluntary dismissal of the entire $100 million suit "without
prejudice," which would have allowed it to be refiled later against
the sheriff's department, Sheriff Ralph Johnson, former Deputy David
Glisson and possibly others.

But U.S. District Judge Clay Land ruled the suit filed Feb. 24 should
not proceed against the sheriff's department, because Georgia law
holds such departments immune from such lawsuits. Land dismissed the
suit against the agency "with prejudice," meaning the suit may not be
refiled against the department.

Finding that neither Johnson nor Glisson would be prejudiced by the
dismissal of the suit at this early stage, Land allowed that portion
of the suit to be dropped for now.

Former Atlanta Mayor Bill Campbell, one of the lawyers representing
Walker's widow, Cheryl Walker, said the intention was to expand the
suit by adding "additional counts" to the complaint and refiling,
although he gave no date for that filing.

The lawsuit claimed Glisson used excessive force, resulting in the
wrongful death of Kenneth Walker, and that the deputy was following
the official policies and procedures established by Johnson. The suit
also claimed the sheriff failed to adequately train and supervise Glisson.

Walker and three friends were riding in a gray GMC Yukon seen leaving
an apartment that was under surveillance for drug activity last
December. Officers ordered the four men from the vehicle and during
that time, Walker was shot twice in the head. No drugs or weapons were
found in the Yukon, on Walker or on the other men.

Johnson fired Glisson in February.
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