PTC seeks dismissal of federal suit over 'illegal entry'

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PTC seeks dismissal of federal suit over 'illegal entry'

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Attorneys representing

Peachtree City and three police officers are asking a federal judge for

summary judgment in a lawsuit against them which claims the officers illegally

entered a residence and arrested three family members.

In various

court papers filed recently, the city indicates that the claims of Kevin,

Carolyn and Thomas O'Keefe aren't backed up with proper evidence. Attorneys

for the O'Keefes, however, argue that there are a number of unsettled

issues which require the case to go forward.

In the suit,

the O'Keefes complain that three police officers illegally entered their

home in August of 1998.

The officers

claim they were entering to investigate an alleged domestic violence incident.

Eventually, they arrested Carolyn and Kevin O'Keefe for obstruction of

a police officer and maintaining a disorderly house; Thomas O'Keefe was

arrested for simple battery. The officers have counter-sued the O'Keefes

claiming the family made slanderous statements to the media when discussing

the case.

The O'Keefes

were originally convicted of the charges by a jury, although State Court

Judge Fletcher Sams overturned the convictions in October 1999 and ruled

the officers shouldn't have entered the O'Keefes' residence.

Carolyn O'Keefe

claimed she was injured when she was arrested by officer Vicky Roman,

and attorneys for the city have stipulated that her injuries of a black

eye, back pain and shoulder pain "are casually related to her arrest."

Sgt. Wendell

David Lamb was the first officer to enter the residence on his own to

investigate the matter after witnesses outside the home indicated a fight,

according to court documents. Roman and officer James B. Hughes entered

the house later at Lamb's request for backup as Kevin O'Keefe became more

agitated, the city claims.

The O'Keefes

also claim the Peachtree City Police Department failed to properly train

its officers to investigate domestic violence situations and in other

matters, which has been vehemently denied by the city. In a deposition,

Chief James V. Murray noted that to meet guidelines for national accreditation,

the department must insure its officers are properly trained. Also, the

state of Georgia requires officers to have 20 hours of training each year,

he added.

Although city

attorneys have asked for oral arguments on the motion for summary judgment,

no date has been set for that hearing. The city is seeking a dismissal

of all the O'Keefes' federal and state law claims filed in the original

complaint with the court.

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