Pubdate: Tue, 25 Jan 2005
Source: Ledger-Enquirer (GA)
Copyright: 2005 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/racial.htm (Racial Issues)
Bookmark: http://www.mapinc.org/people/kenneth+walker (Walker, Kenneth)

GLISSON DENIES LIABILITY

Answer To Civil Suit Says Walker Put Himself In Situation Leading To Death

In an answer filed Monday to the U.S. District Court lawsuit filed by the 
widow of Kenneth Walker, former Muscogee County Deputy Sheriff David 
Glisson asked for qualified immunity from the civil suit, cited probable 
cause for the traffic stop of the vehicle in which Walker was riding and 
declared Walker put himself in the circumstances that led to his death.

Glisson's attorney, Richard Hagler, filed the answer to the suit 
transferred to the federal court in December. In that suit, Cheryl Walker 
seeks $100 million in damages from Muscogee County, Glisson and Sheriff 
Ralph Johnson, alleging all are liable for the wrongful death of Kenneth 
Walker, who was shot to death by Glisson on Dec. 10, 2003. The shooting 
occurred after a traffic stop on Interstate 185 during a Metro Narcotics 
Task Force drug investigation.

Among the legal defenses raised in Glisson's answer is the theory that 
Cheryl Walker and her daughter are not entitled to recover damages from 
Glisson, because he was not the "proximate cause" of Kenneth Walker's 
death. The answer states Walker "... placed himself in the circumstances 
whereby his accidental death occurred."

There was probable cause to stop the GMC Yukon in which Walker and three 
other men were riding, based on evidence and an informant's information 
that the people in that vehicle were engaged in unlawful activity, the 
answer states. It cites Metro agents' observation that one of the 
passengers in the Yukon carried a package into an alleged drug dealer's 
apartment while it was under surveillance, and that all four occupants of 
the vehicle entered the apartment where a drug deal had been conducted a 
short time earlier.

Glisson and other agents conducted the traffic stop based on that 
information and a warning that the occupants of the Yukon might be armed 
and dangerous, but with no information as to the race of the four men, 
according to the answer.

Walker was slow to respond to Glisson's commands that he exit the vehicle 
and show his hands, the answer states. After Walker was on the ground and 
continued to refuse to remove his hand from underneath him, Walker "made a 
move" causing Glisson to lose his balance and accidentally discharge his 
MP5 submachine gun, according to the answer.

The legal response by Hagler also objects to the suit's characterization of 
the death of Walker as "an execution" and "an unprovoked shooting." It also 
notes that illegal drugs and alcohol were found in Walker's system after 
his death, responding to the suit's contention that no drugs were found 
following the traffic stop.

In addition to challenging the allegations within the suit, Hagler asks 
Judge Clay Land to rule that Glisson is immune from suit and liability for 
his actions, based on his status as a deputy sheriff acting in his official 
capacity, and because there was no actual malice with intent to injure.

Johnson and Muscogee County sought similar immunity protection in the 
answer filed in December.

No hearings on the suit have been scheduled.
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