LAWYER PLANS EXPANDED LAWSUIT

Bill Campbell changes course after seeing video

Although attorneys for Kenneth Walker's family have asked a judge to dismiss
a $100 million federal lawsuit, the case is by no means over.

A motion filed Friday by former Atlanta Mayor Bill Campbell requests that
the court dismiss the lawsuit without prejudice against his clients,
Walker's widow and daughter.

If U.S. District Judge Clay Land dismisses the suit against the Muscogee
County Sheriff's Office, the sheriff and the former deputy who fatally shot
Walker, then Campbell intends to file an expanded suit.

"This is procedural in nature, and there will be additional counts added to
the ultimate lawsuit," Campbell said Wednesday.

Campbell said he recently viewed the video of Walker's shooting and believes
it provides ample evidence to expand the lawsuit.

He did not say whether a second suit would be filed in federal or state
court.

"We are going to refile very soon," he said. "We have not determined the
forum yet, but we do know additional counts will be added."

"Our strategy has always been the same, and that is to find justice for the
death of Kenneth Walker, that was unjust, unprovoked and without any legal
basis," Campbell said. "It was clear that Kenneth Walker was killed without
provocation. That is a great tragedy."

The shooting

The night of Dec. 10, Walker, who was riding with three friends in a gray
GMC Yukon, was fatally shot by Sheriff's Deputy David Glisson during a
traffic stop along Interstate 185.

The 39-year-old Columbus man and friends Warren Beaulah, Anthony Smith and
Darryl Ransom were pulled from their vehicle during the stop, which occurred
after law enforcement officers spotted the men leaving an Armour Road
apartment under surveillance for drug activity. During that process, Walker
was shot twice.

No drugs or weapons were found on any of the men.

The lawsuit

Campbell and Florida attorney Willie Gary filed a federal suit Feb. 24 on
behalf of Walker's widow, Cheryl, and their daughter, Kayla, seeking $100
million in damages.

The suit alleges that Glisson violated Walker's constitutional rights by
using excessive force and depriving Walker of life and liberty without due
process of law.

The suit holds Muscogee County Sheriff Ralph Johnson accountable for
Walker's death because Glisson was following the sheriff's official policies
and procedures. In addition, the suit faults Johnson and the sheriff's
office for failing to adequately train and supervise Glisson.

Legal response

Attorneys for the sheriff's department and the sheriff responded to the suit
against their clients with motions to dismiss March 12.

"We had filed a motion to have that department dismissed as a party in the
suit," said attorney Jim Clark of Page Scrantom Sprouse Tucker & Ford in
Columbus. "It is basic law that in order to be subject to suit, you have to
be a legal entity that is capable of receiving a suit. The sheriff's
department does not qualify as such an entity."

A separate motion argues that the sheriff is immune from suits while acting
in his official capacity and that even if he were not, he did not cause
Walker's death and thus cannot be sued.

Land has not yet ruled on either motion.

The attorneys have not filed a response to the plaintiffs' motion to dismiss
the suit.

"We have not gotten our response together," Clark said. "We are considering
what our options are."

Richard Hagler, Glisson's attorney, said neither he nor Glisson was ever
served with the lawsuit. But Hagler received a copy of the motion for
dismissal from the Walkers' attorneys.

"At this point, I don't think it's even appropriate for us to be responding
since we were never served with the original lawsuit," Hagler said.