Peachtree

City and three city police officers are being

sued in federal court by three members of a local

family who claim they were falsely arrested when

police entered their home without permission

almost two years ago.

The

suit was filed last week by Kevin O'Keefe, his

wife, Carolyn O'Keefe and their son, Thomas

Patrick O'Keefe. The suit claims that they were

illegally arrested for various charges when

police officers James B. Hughes, Vicky M. Roman

and Wendell David Lamb entered their home without

permission Aug. 18, 1998.

City

Attorney Rick Lindsey said the city looks forward

to the suit as an opportunity for the city and

the officers to "clear their names."

The city had been put on notice about 18 months

ago that the O'Keefes planned to file a suit,

Lindsey added.

The

city has 20 days from the filing date to file an

answer to the suit.

The

lawsuit doesn't ask for a specified amount of

damages. However, it claims that the family has

spent more than $25,000 in medical expenses and

over $5,000 in legal fees related to the

incident.

On

that early morning in August 1998, Kevin and

Carolyn O'Keefe were originally arrested for

obstruction of a law enforcement officer and

maintaining a disorderly house. At the same time,

Thomas Patrick O'Keefe was arrested for simple

battery.

The

O'Keefes were originally convicted on those

charges, but the convictions were overturned last

October by State Court Judge Fletcher Sams. The

judge ruled that "as a matter of law there

was insufficient probable cause to justify the

initial entry into the defendant's home, which

therefore rendered the officers' presence in the

home illegal," according to a written order.

The

suit alleges that after making the arrest, the

officers illegally searched the O'Keefes' home.

According

to the suit, officers Hughes, Roman and Lamb were

in the area to investigate a noise complaint from

a residence near the O'Keefes' residence on

Nettlecure Court Aug. 18, 1998. After

investigating the matter, Lamb entered the

O'Keefes' home without permission when he was

told by Kevin O'Keefe to leave, the suit alleges.

The

arrests stemmed from events that unfolded due to

the officers' illegal presence, the suit argues.

The suit also claims that Carolyn O'Keefe

suffered a back injury when she was arrested in a

rough manner by Roman. It also alleges that the

officers were told several times that O'Keefe had

back trouble.

"The

use of violent physical force to subdue and

restrain plaintiff Carolyn O'Keefe was an

unjustified and an excessive use of force by

defendant Roman and patently illegal," the

suit states.

The

suit also claims that Thomas Patrick O'Keefe

pushed aside Hughes as he entered the house in an

attempt to assist his mother while she was being

arrested. The youth in no way illegally

obstructed Hughes in the legal performance of his

duty, the suit alleges.

The

suit also claims that "Peachtree City

condones and authorizes the excessive use of

force by its police officers, allowing the same

to go unsupervised, uninvestigated and

unpunished, thereby making the use of excessive

force tantamount to city policy and

practice."

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