Pubdate: Thu, 23 Dec 2004 Source: Ledger-Enquirer (GA) Copyright: 2004 Ledger-Enquirer Contact: http://www.ledger-enquirer.com/mld/enquirer/ Details: http://www.mapinc.org/media/237 Author: Jim Houston, Staff Writer Bookmark: http://www.mapinc.org/people/kenneth+walker LAWSUIT CHANGES COURT $100 Million Civil Case Against Muscogee County, Sheriff, Former Deputy May Be Heard In U.S. District Court The civil suit Kenneth Walker's widow and preschool-age daughter filed Dec. 10 against Muscogee County, Sheriff Ralph Johnson and former Deputy David Glisson has been moved to U.S. District Court. The suit, seeking $100 million in damages, alleges the sheriff and the county should be held liable for the wrongful death of Walker, who was shot to death by Glisson in a Dec. 10, 2003, traffic stop on Interstate 185 during a Metro Narcotics Task Force drug investigation. Originally filed in U.S. District Court last April, the suit was withdrawn and refiled in Muscogee Superior Court, where attorneys for Cheryl Walker and daughter, Kayla, said a jury composed only of Muscogee citizens would provide a better forum for dealing with matters involving the sheriff's department. The case had been randomly assigned to Superior Court Judge John Allen, who had earlier recused himself from hearing a Walker-related suit challenging an unsworn statement Glisson made to the grand jury that returned a no-bill on proposed criminal charges. Allen had cited personal and ethical reasons. Attorney Jim Clark, representing Johnson and Muscogee County, said the move to federal court was appropriate. "They are alleging constitutional violations and those actions are more appropriately dealt with in federal court," Clark said Wednesday. Attorney Bill Campbell, representing the Walkers, said the removal to federal court was "predictable" and amounts to "legal maneuvering." "We expected this would be the course of action taken by the county and the sheriff," Campbell said. The matter will be carefully examined before deciding whether to contest the removal to federal court, he said. But in whatever court the suit is tried, there will be "an aggressive, thorough presentation of this case," said Campbell, a former Atlanta mayor. Removed along with the plaintiff's allegations was the defendants' answer, which denied most of the points raised in the complaint. The answer particularly takes issue with the allegation that the sovereign immunity state law grants local governments has been waived. "Muscogee County defendants deny that sovereign immunity is waived in this case and contend they are protected from liability under the doctrine of sovereign immunity," the answer states. The defendants also deny that Glisson "intentionally fired his weapon knowing that Kenneth Walker did not possess a weapon." They also take issue with the assertion that no drugs were found on Kenneth Walker, noting "Kenneth Walker tested positive for cocaine." The answer also denies Johnson is accountable in Walker's death, because he has not established policies that would have caused Walker's death. Johnson also is protected by a state doctrine of official immunity because no official acted with actual malice toward Walker, the answer states. The plaintiffs have an opportunity to respond to the removal of the suit before any further proceedings will be scheduled by U.S. District Court Judge Clay Land. - --- MAP posted-by: Larry Seguin