Federal lawsuit against PTC, three police officers could be settled soon

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Federal lawsuit against PTC, three police officers could be settled soon

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Share this Post

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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