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Georgia Wrongful Death Lawyer Representing Estate of Young Man Fatally Shot: District Court Orders Trial And Defendant Appeals To Eleventh Circuit

A Federal District Court has ordered a trial in a wrongful death civil rights case brought by our client, Lena Williams, individual and as administrator of the Estate of her son, the Decedent, Mr. Melvin Williams. On May 14, 2010, an officer of the East Dublin Police Department fatally shot Mr. Melvin Williams.

Plaintiff argued before the District Court that the officer’s conduct was unreasonable and thus violated the constitutional and state law rights of the Decedent. The officer attacked the Decedent, who is heard on the video repeatedly screaming, “what is wrong with you?” Then seconds later, the officer fatally shot the Decedent while standing numerous feet away, and while knowing the Decedent was unarmed. The alleged criminal violation at issue was a “rolled” stop sign about 10 minutes prior to the attack on the Decedent. We dispute that a traffic violation ever occurred because all the independent evidence demonstrates that no traffic violation occurred.

One interesting aspect of the case is that, at the time the officer attacked the Decedent, the officer did not have his general police powers or specific powers of arrest under Georgia law, according to the District Court’s factual findings.

Plaintiff argued that because the police officer did not have his general police powers or specific powers of arrest, he should not have been attempting to arrest or stop anyone in his capacity as a police officer on that day.

The District Court agreed that a jury should decide this case and thus ordered a trial. The Defendant has appealed to the Eleventh Circuit Court of Appeals.

Below is a viewable copy of the District Court’s order.

Order- MSJ-3