Atlanta Eagle / City of Atlanta Settlement Agreement

Case 1:09-cv-03286-TCB Document 265 Filed 12/08/10 Page 1 of 4
UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF GEORGIA .
ATLANTA DIVISION
GEOFFREY CALHOUN; )
BENJAMIN CHEAVES; )
JOHN CURRAN; )
ALAN DALE; )
MARKDANAK; )
CHRISTOPHER DANIELS; )
THOMAS FAST; )
SEAN GABOYA; )
FELIX GARCIA; )
THOMAS HAYES; )
BRIAN HUGHES; ) Civil Action
KENNETH KECK; ) File No.:
NICHOLAS KOPERSKI; ) 1:09-CV-3286-TCB
ROBERT MARLOW; )
RAYMOND MATHESON; )
ROBERT MCLENDON, III; )
JEFFREY MCLEOD; )
SAVERI 0 MONTELEONE; )
MATTHEW PRESLEY; )
M.DU-WAYNERAY; )
CHRIS SCHMALTZ; )
DAVID SHEPHERD; )
DAVID THOMAS; )
ROBERT TREUTEL, JR.; )
ALLAN VIVES; )
GARY ZIENIER; )
RAMEY & KELLEY, INC. D/B/A ATLANTA EAGLE, )
a Georgia corporation; and )
RAWHIDE LEATHER, INC., a Georgia corporation, )
)
Plaintiffs, )
)
v. )
)
RICHARD PENNINGTON, individually; )

GEORGE TURNER, Interim Chief of Police for the )
City of Atlanta, in his official capacity; )
CITY OF ATLANTA; )
WILLIE ADAMS, III, individually; )
BENNIE E. BRIDGES, individually; )
JOHN H. BROCK, individually; )
DIMITRIO O. CALDWELL, individually; )
KELL Y COLLIER, individually; )
CRAIG CONDON, individually; )
GREGORY D. DABNEY, individually; )
STALONE DAVIS, individually; )
CHRISTOPHER DOWD, individually; )
JEREMY D. EDWARDS, individually; )
HERMAN E. GLASS, individually; )
ROBERT C. GODWIN, individually; )
BRANDON JACKSON, individually; )
DIMITRI JAQUES, individually; )
MELONIE MAGUE, individually; )
VICENTE MARCANO, individually; )
CAYENNE MAYES, individually; )
TIMOTHY MCCLAIN, individually; )
JAMES MENZOIAN, individually; )
DION MERIDITH, individually; )
MARLON O. NOBLE, individually; )
SCOTT PAUTSCH, individually; )
DARNELL PERRY, individually; )
SCOTT PERRY, individually; )
WILLIAM PORTER, individually; )
EDWARD RABB, individually; )
CEDRIC F. SMITH, individually; )
TYRONE TAYLOR, individually; )
KELLEITA THURMAN, individually; )
STEPHANIE UPTON, individually; )
RONALD 1. WALKER, individually; )
WILLIAM WALTERS, individually; )
JARED G. WATKINS, individually; )
DEBRA A. WILLIAMS, individually; )
)
Defendants.
2
ORDER
The Court hereby approves the settlement agreement negotiated by the
parties, which includes (1) payment by the Defendants to the Plaintiffs the amount
of One Million Twenty-Five Thousand Dollars ($1,025,000); and, (2) the
implementation by Defendant City of Atlanta of the reforms set forth in Exhibit A
which are incorporated by reference in this Order.
The Court finds, based on the evidence in the record, that each of the above
named Plaintiffs was unlawfully searched, detained, and/or arrested on September
10-11, 2009, at the Atlanta Eagle in Atlanta, Georgia, and that none of the
Plaintiffs was personally suspected of any criminal activity. This finding has no
preclusive effect as to any other person or entity not a party to this litigation.
The Court is advised that the settlement negotiated by the parties required
the legislative approval of the Atlanta City Council and the Mayor of the City of
Atlanta, and that the requisite legislative and executive approval of the settlement
has been accomplished in Council Resolution 10-R-2142, approved by the Atlanta
City Council on December 6, 2010 and approved by the Mayor on December 7,
2010. The Resolution has been properly certified by the Municipal Clerk of the
City of Atlanta.
This Court shall retain continuing jurisdiction and the Defendant City of
Atlanta hereby agrees to the entry of a consent order requiring Defendant City of
Atlanta to implement the actions set forth in the Exhibit A if these actions have not
been not fully implemented within one hundred eighty (180) days of the entry of
this Order.
The parties having settled all issues in this matter and the Court having
accepted the terms of the settlement, this matter is hereby DISMISSED with
prejudice except for reopening as provided herein.
SO ORDERED, this 8.f~ day of December, 2010.
TIMOTHY C. BATTEN, SR.
UNITED STATES DISTRICT JUDGE

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Case 1:09-cv-03286-TCB Document 265 Filed 12/08/10 Page 1 of 4

UNITED STATES DISTRICT COURT FOR THE

KENNETH KECK; ) File No.:

NICHOLAS KOPERSKI; ) 1:09-CV-3286-TCB

Case 1:09-cv-03286-TCB Document 265 Filed 12/08/10 Page 2 of 4

RICHARD PENNINGTON, individually; )

Case 1:09-cv-03286-TCB Document 265 Filed 12/08/10 Page 3 of 4

The Court hereby approves the settlement agreement negotiated by the

of One Million Twenty-Five Thousand Dollars ($1,025,000); and, (2) the

implementation by Defendant City of Atlanta of the reforms set forth in Exhibit A

which are incorporated by reference in this Order.

named Plaintiffs was unlawfully searched, detained, and/or arrested on September

has been accomplished in Council Resolution 10-R-2142, approved by the Atlanta

City Council on December 6, 2010 and approved by the Mayor on December 7,

Case 1:09-cv-03286-TCB Document 265 Filed 12/08/10 Page 4 of 4

prejudice except for reopening as provided herein.

SO ORDERED, this 8.f~ day of December, 2010.

TIMOTHY C. BATTEN, SR.

UNITED STATES DISTRICT JUDGE

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