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withdrawn and refiled in Muscogee Superior Court, where attorneys for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