A settlement
may be forthcoming in a federal lawsuit against Peachtree City and three
of its police officers, according to court records.
In the lawsuit,
Kevin O'Keefe, his wife Carolyn O'Keefe and their son, Thomas Patrick
O'Keefe, accuse the officers of illegally entering their Nettlecure Court
residence Aug. 18, 1998 and arresting them on various charges.
The city and
the officers claim they legally entered the home to investigate a possible
domestic disturbance and "physical altercation" that was reported
to them by a person located outside the structure.
The officers
James B. Hughes, Vicki M. Roman and Wendell D. Lamb have countersued the
O'Keefes for libel and slander. The countersuit is largely based on statements
the O'Keefe family made to local news media which the officers claim have
damaged their reputations.
Court records
filed recently indicated there is a chance the litigation might be settled
as soon as the discovery process is completed. In those records, lawyers
for both sides indicated that information came to light during the March
depositions of the officers which must be probed further before a settlement
could be considered.
The discovery
period for both sides was extended through May 16 and if the case goes
to trial, it could begin in April 2002 unless the case is ready at an
earlier date, according to court records.
A witness list
filed by the city indicates that it plans to question several of Kevin
O'Keefe's former co-workers from the College Park Police Department about
complaints lodged against him during his employment there.
When the incident
at the O'Keefes' home occurred in 1998, Kevin and Carolyn O'Keefe were
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 by a jury, but the convictions
were overturned in October of last year by State Court Judge Fletcher
Sams. The judge ruled "as a matter of law there was insufficient
probable cause to justify the initial entry into the defendant's home,
which therefore rendered the officer's presence in the home illegal,"
according to an order he signed.
The federal
lawsuit claims that Carolyn O'Keefe suffered a back injury when she was
arrested in a rough manner by Officer Roman, a contention the city has
officially denied through its answer to the lawsuit.
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."
In a reply
to the lawsuit, the city asserts that it properly trains and supervises
its police officers and does not condone excessive use of force. The Police
Department also utilizes practices and procedures consistent with state
and federal laws, the city claims.
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