A federal judge

has ruled that three Peachtree City police officers had at least arguable

probable cause to arrest a local couple and their son in 1998, although

the first officer's entry into the home was unconstitutional.

U.S. District

Judge Willis B. Hunt Jr. sided with the city and the three officers, dismissing

most of the claims brought forth by Kevin, Carolyn and Thomas O'Keefe.

The only parts

of the O'Keefes' lawsuit that survived the summary judgment ruling were

related to injuries Carolyn O'Keefe sustained while she was being arrested

Roman claims

she used a minimal amount of force during the arrest with a technique

called the "arm bar," which calls for very little force in order

to easily get a person into handcuffs, Hunt said in the order.

But two children

who witnessed the incident said in depositions that Roman banged Carolyn

O'Keefe against a wall several times and put a knee in her back despite

the girls calling out that their mother had a bad back, Hunt wrote.

Attorneys representing

the city say they plan to defend the allegations in court and vigorously

defend Roman and the city.

Carolyn O'Keefe

suffered a black eye, back pain and an injury to her pyriformis muscle

that later required injections and surgery, according to the order. She

also had previous problems with her back before the arrest, the order

indicates.

In their original

complaint, the O'Keefes claimed they were illegally arrested by the officers,

a claim that was rejected by Hunt in his order granting partial summary

judgment to the officers, who were individually named, and Peachtree City.

Kevin O'Keefe

was arrested after he retreated into the kitchen while Sgt. Wendell D.

Lamb tried to investigate the potential domestic disturbance, according

to Hunt's order.

Carolyn O'Keefe

was arrested for obstruction of a police officer after she walked away

from officers Vicky M. Roman and Sgt. Lamb, against their orders, Hunt

noted.

Thomas O'Keefe

was arrested for simple battery after he tried to shove aside the arm

of Officer James B. Hughes while Carolyn O'Keefe, his mother, was being

arrested by Roman, Hunt added.

Each of the

arrests was valid, Hunt noted, although he also said the original entry

into the house by Sgt. Lamb was indeed unconstitutional.

Hunt ruled

the officers did not illegally enter their home because Lamb, who entered

first, believed a domestic dispute had occurred and Roman and Officer

James B. Hughes entered to insure Lamb's safety upon his request for assistance.

"Georgia

Supreme Court law, as well as United States Supreme Court and Eleventh

Circuit jurisprudence, did not explicitly prohibit a warrantless entry

to secure a home where domestic violence is suspected ..." Hunt wrote

in the order.

Hunt noted

that Roman and Hughes heard Kevin O'Keefe screaming at and threatening

Lamb over the radio when the sergeant called for backup.

The O'Keefes

also claimed in the suit that Peachtree City failed to properly train

its police officers. However, Hunt noted there is a significant amount

of evidence "of Peachtree City's dedication to training police officers."