Access to suspect's medical records at dispute in federal lawsuit against PTC police officer

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Access to suspect's medical records at dispute in federal lawsuit against PTC police officer

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Attorneys for

a woman who claims she was roughed up by a Peachtree City police officer

during an arrest are opposing a move by city attorneys to gain access

to more of her medical records.

In papers filed

recently in federal court in Newnan, lawyers for Carolyn O'Keefe contend

the records should have been sought during the discovery period. But city

attorneys counter the records should not be subject to the court's discovery

rules, arguing the records are necessary to prepare for upcoming medical

depositions.

O'Keefe claims

Officer Vicky M. Roman injured her arm and back when she was arrested

in her home on charges of obstruction of a police officer. The suit claims

Carolyn O'Keefe was pushed violently into a wall as Roman arrested her,

causing back injuries.

The city claims

O'Keefe was arrested after disobeying the orders of another officer to

remain where she was while her husband was being questioned about an alleged

domestic dispute.

Prior to the

arrest, O'Keefe reportedly suffered from pre-existing injuries to her

back for which she accepted disability benefits, according to court documents.

Roman could

not have known about O'Keefe's prior injuries when the arrest was made

and she was using an established law enforcement technique to subdue a

suspect, the city has argued. O'Keefe's attorneys contend the couple's

two daughters tried to warn Roman of their mother's back injuries, but

they were ordered back into their rooms by the officers.

The incident

was the subject of a broader suit filed by Mrs. O'Keefe, her husband Kevin

and their son, Thomas. But last year, a federal judge dismissed all the

charges against the police officers and the city except for the excessive

force claim against Roman.

The O'Keefes

were brought up on various criminal charges in Fayette County State Court,

but a jury verdict against them was overturned by Judge Fletcher Sams,

who ruled the officers did not have probable cause to enter the home and

conduct an investigation.

In dismissing

the federal charges against the city and two other officers on the scene,

Federal District Judge Jack T. Camp noted that the officers did not illegally

enter the home because Sgt. David Lamb, who entered the home first, believed

a domestic dispute had occurred and officer Roman and officer James B.

Hughes entered to insure Lamb's safety after he requested their assistance.

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