A federal lawsuit
against Peachtree City and one of its police officers is headed toward
mediation.
U.S. District
Judge Jack T. Camp Jr. has ordered the city to participate in mediation
talks with Carolyn O'Keefe, who claims she was injured when she was arrested
violence incident in 1998.
In his order,
the judge said the mediation should be non-binding and that both parties
will retain their right to a trial if necessary. Camp also ordered the
parties to split the cost of mediation unless they can agree to a different
arrangement.
The O'Keefe
family has a federal lawsuit pending against the city, but most of the
family's claims have been dismissed by the court. The only issue remaining
is whether Carolyn O'Keefe was injured when she was arrested.
The suit claims
Carolyn O'Keefe was pushed violently into a wall as Roman arrested her,
causing back injuries. Court documents indicate she had back problems
before her arrest.
Any testimony
from O'Keefe herself, however, may be called into question. According
to court documents, she underwent hypnosis to recall facts of the incident
before she testified in a deposition on the case.
Attorneys for
Peachtree City could possibly use that to bar O'Keefe as a witness. According
to court documents, the incident was witnessed by two of the O'Keefes'
daughters in addition to her husband, Kevin and her son, Thomas.
Carolyn O'Keefe
was arrested for obstruction of a police officer after she walked away
from officer Roman and Sgt. Wendell D. Lamb, against their orders.
Kevin O'Keefe
was arrested after he retreated into the kitchen while Sgt. Lamb tried
to investigate the potential domestic disturbance. 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
The O'Keefes
were originally convicted of those charges before the verdict was overturned
based on a lack of probable cause to enter the residence.
In a December
ruling, Judge Hunt dismissed most of the O'Keefes' claims, saying the
officers did not illegally enter their home because Sgt. Lamb, who entered
first, believed a domestic dispute had occurred and officer Roman and
officer Hughes entered to insure Lamb's safety upon his request for assistance.
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