Pubdate: Thu, 18 Mar 2010
Source: Toccoa Record, The (GA)
Copyright: 2010 The Toccoa Record
Contact: https://secure.townnews.com/thetoccoarecord.com/forms/letters.php
Website: http://www.thetoccoarecord.com/
Details: http://www.mapinc.org/media/5073
Author: Jessica Waters

LAWSUIT CHARGES POLICE MISCONDUCT

A civil lawsuit, filed Monday in U.S. District Court by attorneys
representing Jonathan Ayers' widow, Abigail, claims "police officers
who unreasonably and unconstitutionally create a physically
threatening situation in the midst of a Forth Amendment seizure cannot
be immunized for the use of deadly force."

Named in the civil complaint were Mountain judicial Circuit Narcotics
Criminal Investigation and Suppression Team (NCIS) officers Billy
Shane Harrison, Kyle Bryant and Chance Oxner, along with Stephens
County Sheriff Randy Shirley and Habersham County Sheriff Joey
Terrell, and the NCIS team as a separate entity.

Alleging that, "Under the circumstance existing at the time and place
in question, no reasonable officer could have believed that the
decedent's actions were unlawful or that the use of deadly force
against him was justified," the complaint details 10 counts of alleged
misconduct. They include:

   Wrongful death against defendants Harrison, Oxner and Bryant in
their individual capacities.

   Survival action against defendants Harrison, Oxner and Bryant in
their individual capacities. In her representative capacity, the
Plaintiff claims damages for the conscious pain and suffering of her
deceased husband and for necessary medical and funeral expenses
incurred as a result of the unlawful and unauthorized actions.

   Against the Mountain Judicial Circuit NCIS and Sheriffs Randy
Shirley and Joey Terrell in their individual capacities.

   Assault and battery - wrongful death against defendants Harrison,
Oxner and Bryant in their individual capacities.

   Assault and battery - estate's claims against defendants Harrison,
Oxner and Bryant in their individual capacities.

   False arrest against defendants Harrison, Oxner and Bryant in their
individual capacities.

   Negligent use of a motor vehicle against defendants Mountain
Judicial Circuit NCIS, Bryant and Sheriffs Shirley and Terrell in
their official capacities.

   Negligent breach of ministerial duties against defendants Harrison,
Bryant and Shirley in their individual and official capacities and
against the Mountain Judicial Circuit NCIS.

   Negligence claims against defendants Harrison and Shirley in their
individual and official capacities.

   Attorneys fees against all defendants. 
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MAP posted-by: Richard Lake