Civil Rights Archives - Decatur Legal

Jury finds for disabled veteran in ADA discrimination trial against Clayton County Sheriff’s Office

An African-American woman with glasses and braids testifies in court. — Brittani Williams testifies in the employment discrimination trial, Williams v. Allen. Illustration by Callia Alandete. All rights reserved.

FOR IMMEDIATE RELEASE

On May 19, 2023, after a three-day trial, a jury found that the Sheriff’s Office of Clayton County, Georgia, discriminated and retaliated against a disabled veteran after she notified her supervisors of her diagnosis of PTSD. The case was filed in 2019 under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The jury awarded the plaintiff back pay equivalent to two years salary, plus compensatory damages, for a total verdict of $202,811.96. The case, captioned Williams v. Allen was tried before Hon. J. P. Boulee in the U.S. District Court for the Northern District of Georgia. Ms. Williams was represented by Regan Keebaugh and James Radford of the Decatur, Georgia law firm Radford & Keebaugh, LLC.

Brittani Williams is a veteran of the U.S. Army Reserves. She had been an employee of the Sheriff’s Office since 2012 and was working as a Sheriff’s Services Clerk. In 2019, after she was transferred from the day shift to the night shift, she sent her supervisors a letter from her providers at the Department of Veteran’s Affairs, notifying them that the shift change may cause her to experience increased symptoms associated with her PTSD. Her immediate supervisors were all willing to work with her, and one gentleman volunteered to escort her to her vehicle in the evening. However, when former Sheriff Victor Hill was informed of the request, he wrote “do a fit for duty status and release from employment.”

At trial, the Sheriff’s Office argued that Ms. Williams’ disability rendered her unqualified for the job, citing her VA disability rating. They also claimed that Ms. Williams was terminated for coming to work one day with her hair dyed red.

However, the jury rejected each of these arguments.

Former Sheriff Victor Hill did not testify at trial. On the day before trial, he reported to federal prison in Arkansas. On October 26, 2022, former Sheriff Hill was convicted in federal court of six counts of willfully depriving pre-trial detainees in his custody of their constitutional rights by strapping them into a restraint chair, resulting in serious bodily harm on each occasion. He was sentenced to 18 months in prison. The jury was presented with Hill’s videotaped deposition, however.

The jury heard testimony from Clayton County Director of Human Resources Pamela Ambles, who urged Hill to seek accommodations for Ms. Williams under the ADA rather than carrying out a “fitness for duty” process. The jury also heard from several of Ms. Williams’ supervisors, who testified that she was a high-performing employee, and that it was no burden to escort her to her vehicle. The witnesses described a heavy-handed, top-down leadership style from former Sheriff Hill, in which people were afraid to make recommendations regarding employment issues for fear of retribution.

“This was a hard fought case in which the Sheriff’s Office filed numerous motions to try and prevent a jury from ever hearing the evidence,” said Regan Keebaugh, who served as lead counsel in the case. “We fought many battles along the way, from her unemployment benefits appeal all the way through to this trial.”

“It was an honor to represent this veteran. Hearing the jury’s verdict was such a proud moment, and it makes the long hours and stress of trial worth it,” said partner James Radford.

Federal Court of Appeals rules in favor of disabled veteran in parking accommodations case

In the case of Pamela Wilson v. U.S. Department of Veterans Affairs, a disabled veteran employed by the VA was denied permission to park on-site at the Agency’s Atlanta, Georgia offices on Clairmont Rd., an accommodation she sought to address mobility impairments. The district court denied Ms. Wilson’s claims under the ADA. Represented by the attorneys of Radford & Keebaugh, LLC, Ms. Wilson appealed to the 11th Circuit U.S. Court of Appeals. Today, the Court of Appeals ruled in favor of Ms. Wilson on her failure-to-accommodate claims, reversing the district court’s order.

The 11th Circuit’s order is here: 11th Circuit Order – Wilson v. VA

You can listen to R&K attorney James Radford’s presentation at oral argument before the Eleventh Circuit here:

Additional detail on the case:

Ms. Wilson is a service-connected military veteran who suffers from chronic degenerative disc disease, spinal stenosis, facet joint disease, multiple herniated discs, and partial paralysis in both feet. Her disabilities cause functional impairments to her ability to walk, stand, and bend. In February 2009, she was hired as a probationary Veteran Claims Examiner (“VCE”) for the Education Division of the Department of Veterans Affairs (“Defendant” or “VA”). Her work site was the VA Regional Office (“VARO”) in Decatur, Georgia. There was an on- site parking deck at VARO.

However, probationary employees were told not to park there. Instead, they were told to park in an off-site deck, nearly one mile from the work site, and take a shuttle or walk to the VARO. Ms. Wilson could not physically walk the distance, and the shuttle was often not available when she needed it. It was difficult for her to board, and she would often have to stand because it was so crowded. In the first several months of her employment, Ms. Wilson made numerous requests for permission to park on site. Her supervisors made no effort to assess the reasonableness of her requests, which they summarily denied.

In order to get to her work site, Ms. Wilson attempted to park in designated handicap spots on-site, or elsewhere in the on-site parking deck. Despite knowing that she had requested parking accommodations (and likely because of it), her employer issued disciplinary citations each time she parked on site. Only after Ms. Wilson filed an equal employment opportunity (EEO) complaint did her supervisors request medical documentation related to her requests. Defendant ultimately terminated Ms. Wilson for “unacceptable conduct and unacceptable performance.” The documentary and testimonial evidence demonstrates that the dispositive “unacceptable” conduct was Ms. Wilson’s use of on-site parking. In her lawsuit, Ms. Wilson alleged that she was terminated for her attempt to accommodate her disability when the employer refused.

Augusta-Richmond County pays $300,000 to hip-hop producer “Dun Deal” after false warrant leads to arrest and imprisonment

The City of Augusta/Richmond County, Georgia, has paid $300,000 to settle a federal civil rights lawsuit brought by David Cunningham, also known as hip-hop producer “Dun Deal.” The suit arose from Mr. Cunningham’s arrest by FBI agents on July 17, 2014, after a deputy of the Richmond County Sheriff’s Office swore out a false warrant stating that Mr. Cunningham’s fingerprints had been found on a getaway vehicle from a jewelry theft in Augusta, Georgia. Mr. Cunningham in fact had no connection whatsoever to the crime.

The story began on July 16, 2014, when two men disguised as construction workers smashed the jewelry display case at the Costco in Augusta, Georgia. The thieves made off with more than $80,000 worth of jewelry. Deputies with the Richmond County Sheriff’s Office reviewed surveillance footage from inside and outside the store, and were able to identify the license plate on the men’s getaway vehicle. Investigators traced the vehicle to a rental contract, and made contact with the woman who had rented the car. The woman told the investigators that she had loaned the vehicle to a fictitious person named “David,” who she supposedly had met at a party.

The deputies gained access to the woman’s Facebook page. Richmond County Investigator Walter Garrison located men by the name of “David” in the woman’s “Friends List.” One of the profiles belonged to David “Dun Deal” Cunningham, who the woman “followed” because she was a fan of his music. The investigator asked her if Mr. Cunningham was the man to whom she had loaned the vehicle, and she responded that she was not sure, but that the fictitious “David” had darker skin.

Despite this lack of a positive ID, Investigator Ken Rogers swore out a warrant for Mr. Cunningham’s arrest. In the warrant application, Rogers falsely stated that Mr. Cunningham’s fingerprints had been found on the getaway vehicle. This was totally false, as Mr. Cunningham had no connection with the crime whatsoever, and no criminal record that would have placed his fingerprints in the system. Investigator Rogers also failed to put into the warrant application that Mr. Cunningham’s image had been included in photo “line ups” shown to numerous witnesses, and none had identified Mr. Cunningham as being involved in the crime.

Nonetheless, a warrant was issued for Mr. Cunningham’s arrest, something that the Richmond County investigators passed on to agents of the FBI, as they believed this to be part of a multi-state theft ring. And, on July 27, 2014, numerous FBI agents seized Mr. Cunningham in the ticketing area of the Dallas, Texas airport, where Mr. Cunningham had been attending a hip-hop awards show. Agents also raided and searched the recording studio, Urban Angels in Atlanta, Georgia, where Mr. Cunningham recorded. Mr. Cunningham was incarcerated, with little to no idea how he had been named a suspect in this crime, for ten days.

After Mr. Cunningham was finally released, and the charges dropped, he brought suit under the Fourth Amendment to the United States Constitution, due to the unlawful and false nature of his arrest and prosecution. The issuing of a warrant without a positive ID, the withholding of exculpatory evidence, and, most importantly, the false statement that his fingerprints were on the getaway vehicle, formed the basis for his claims. The lawsuit also settles claims that the Richmond County Sheriff’s Office unlawfully withheld documents regarding Mr. Cunningham’s arrest and prosecution, in violation of Georgia’s Open Records Act.

After several months of litigation and a day-long mediation, Augusta-Richmond County agreed to pay $300,000 to Mr. Cunningham, to issue him a formal apology, and to discipline the officers involved.

Mr. Cunningham was named in Complex Magazine’s 2014 “Producers to Watch For.” He has worked with prominent hip-hop artists including Young Thug, Migos, 2 Chainz, Gucci Mane, Usher, Trey Songz, Future, Drake, Rich Homie Quan, Kevin Gates, and others. He is perhaps best known for the hit songs “Stoner” by Young Thug and “Hannah Montana” by Migos.

A copy of the Complaint is below.

Mr. Cunningham was represented by James Radford and Caleb Gross of Decatur law firm Radford & Keebaugh. Please direct all inquiries to Mr. Radford at 678-271-0302, james@decaturlegal.com, or Mr. Gross at 678-271-0303, caleb@decaturlegal.com.

David Cunningham v. Richmond County Sheriff’s Office, et al. – Judicial Complaint by James Radford on Scribd

Baton Bob files suit for wrongful arrest, violation of First Amendment

bob We have filed suit on behalf of our client, Bob Jamerson, also known as “Baton Bob.” We intend to prove that Bob was arrested without probable cause, in retaliation for his exercise of his First Amendment right to celebrate the Supreme Court decision striking down the federal ban on gay marriage. We look forward to working with Joshua Brownlee and his firm on this case.

You can read Bob’s official statement on the suit here.

Read the full complaint below:

Bob Jamerson aka "Baton Bob" v. City of Atlanta, et al. – Complaint

Utah Federal Judge Cites Hobby Lobby in Child Labor Case

In Burwell v. Hobby Lobby, Supreme Court Justice Ruth Bader Ginsburg warned in her written dissent that through its decision the Court had, “ventured into a minefield.”

As described in this article, U.S. District Judge David Sam cited Hobby Lobby is his decision to excuse an individual from testifying in a current child labor action.

Amid allegations that the Fundamentalist Church of Jesus Christ of Latter-Day Saints, a sect of the Mormon Church, forced children to miss school in order to harvest pecans for eight hour days without pay, the Department of Labor began an investigation into the charges.

Vergel Steed, a member of the church, was deposed in January and used the Religious Freedom Restoration Act to help protect him from identifying church leaders who are thought to be parties to the alleged activity. The RFRA provides that individuals may be exempt from laws that go against their religious beliefs and/or practices. Based on this and the recent Hobby Lobby decision, Judge Sam ruled that due to his religious beliefs, Steed is not obligated to respond to a Federal Subpoena that would require him to name individual church leaders.

In his decision, Judge Sam citing Burwell v. Hobby Lobby, “It is not for the Court to ‘inquire into the theological merit of the belief in question.’ The Court’s ‘only task is to determine whether the claimant’s belief is sincere, and if so, whether the government has applied substantial pressure on the claimant to violate that belief.”

Dean of UC-Irvine School of Law, Erwin Chemerinsky, calls Sam’s decision “stunning,” stating, “I think it is quite predictable that the court’s decision in Hobby Lobby would open the door to such claims of an exemption from laws for religious reasons. I fear it is just the start of cases of people claiming religious exemptions from general laws.”

If you or someone you know believe they have experienced unlawful employment practices, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609 or use our contact form.