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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