Georgia Justices Weigh Questions About Law Enforcement Immunity In Fatal Cases

Death of persons in custody is a pressing issue before the judiciary, considering the recent rise in such incidents. The first incident was reported a couple of months back, in which a man died in the back seat of a patrol car after being tased and restrained. The second incident was reported soon after, and a man lost his life after being allegedly beaten mercilessly by Fulton County jailers.

Both these incidents highlighted the plight of people who are ill-treated once restrained or in custody by the police. The Georgia Supreme Court heard arguments pertaining to both these cases. The anticipated ruling is crucial from the justice perspective for the victims and their families. The ruling can, however, turn in favor of police officers and jailers, offering them immunity for the deaths of detainees caused due to their actions. Typically, the court decides such cases within 60 days of the presentation of oral arguments.

Let’s have a look at the facts and points of contention in both these cases:

First Case: Death of the Restrained Detainee
In April 2019, deputies of Tift County took James Aaron McBrayer into custody. Due to an altercation between deputies and the detainee, the former tasered him. After this, they restrained his hand and feet and loaded him in the back of the patrol car, leaving him there face-down for 10 minutes. During this short time span, McBrayer was left unattended, resulting in his immediate death.

McBrayer’s widow, Sherrie McBrayer, filed a lawsuit against the Tift County Sheriff, Gene Scarbrough, for wrongful death due to negligence. Scarborough, on the other hand, argued that the suit filed against him should be dismissed immediately, citing sovereign immunity (protection of government officials from lawsuits) as grounds for dismissal.

The case was tried at the trial court and then the Georgia Court of Appeals. In both courts, the ruling was in favor of Gene Scarbrough, stating that the patrol car wasn’t just another vehicle at the time of the detention of Jason McBrayer. It was rather being used as a holding cell at the time of McBryer’s death.

The point of contention raised here was – ‘what constitutes “using” a vehicle’.

The attorney representing the victim, Craig Webster, stated that vehicles could have a number of uses, but the prime factor we need to consider is that the vehicle in question (the patrol van) is owned, insured, and operated by the government. In case of any discrepancies or harm caused, the government should be held liable and sovereign immunity should be waived.

Second Case: Death if Suspect Due to Mistreatment by Jailers
Detainee Antonio May was held in Fulton County on a misdemeanor trespassing charge. In September 2018, six jailers of the County allegedly trashed May. His ordeal did not stop there, as the jailers further pepper sprayed and tased him resulting in his death. The jury charged the six jailers with multiple crimes, including felony murder. The ruling was, however, overruled by Fulton County Superior, stating that the suspects were ‘peace officers’.

The point of contention raised in this case was ‘whether the suspects qualify as peace officers or not’.

Under state law, there are two definitions of ‘peace officers’. The definition the Superior Court cited “any person by virtue of his office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses is a peace officer.” While the jailers did not have the power to make arrests, the court noted that they did have a duty to maintain public order, by virtue of which they were peace officers.

According to attorney Amanda Palmer, maintaining order at the jail is essential to keep public order in the community, and the officers were performing their duty toward maintaining order in the jail and the public at large.

The Supreme Court ruling in both these cases is much-awaited, as it would help determine the scope of sovereign immunity of police officers, jailers, and other government officials. Many such incidents occur but go unreported.

If you require legal assistance for any such incidents happening around you, feel free to contact a Valdosta wrongful death attorney for more advice and assistance.