Atlanta to Pay Family $3.8 Million After Ex-Cop Used Leg Sweep Maneuver to Take Out Elderly Deacon Heading to Bible Study Before He Was Tasered to Death

The Atlanta City Council has approved a $3.8 million legal settlement with the family of an elderly deacon who died in police custody last year following a minor car accident.

A federal lawsuit filed in January accused the city of Atlanta, Police Chief Darin Schierbaum and former officer Kiran Kimbrough of violating Johnny Hollman’s civil rights during a fatal arrest in August last.

Hollman and Kimbrough were black, and the family’s complaint did not allege racial discrimination.

The lawsuit, filed in the U.S. District Court for the Northern District of Georgia on Jan. 18, claimed that Kimbrough used excessive force when he stunned Hollman with a Taser, “resulting in his death.”

Council members unanimously approved the settlement May 6 after a brief executive session.

Hollman died Aug. 10 after being involved in a car crash in southwest Atlanta, but it was not the crash that killed him.

Hollman lost consciousness after being knocked unconscious, tackled to the ground and handcuffed by Officer Kimbrough when the 62-year-old refused to sign a ticket.

The deadly encounter was captured on police body camera footage, released last November, showing Kimbrough being aggressive toward Hollman.

The incident began after Kimbrough responded to the intersection of Cunningham Place and Joseph E. Lowery Blvd., where Hollman had a minor accident while returning home from Bible study at Lively Stones of God Ministries.

An argument broke out after the officer found Hollman at fault and issued a citation.

However, Hollman insisted he was not responsible for the accident and delayed signing the ticket before demanding to speak to Kimbrough’s supervisor.

“Who are you shouting to? » Kimbrough said in the video, obtained by Atlanta Black Star. “I told you once, keep your voice down. You’re not going to yell at me. Do you understand what I’m telling you? Now you’re going to sign this ticket, or I’m going to take you to jail.

Hollman called to his daughter for help as Kimbrough began to pull the man’s arm, repeatedly demanding, “Sign the ticket.”

During the argument, Hollman can be heard complying with the officer’s orders, saying, “Okay. I’ll sign the ticket.

But at that point, the officer’s actions escalated, causing Hollman to be pushed to the ground and Kimbrough threatening to stun him with a Taser.

During the struggle, the officer pinned Hollman to the ground, where the elderly man repeated, “I can’t breathe,” before becoming unconscious.

The family’s lawsuit alleged Fourth Amendment violations through the use of excessive force and claimed Hollman’s First Amendment rights were also violated by the officer’s retaliatory actions.

Additionally, the lawsuit claimed that Kimbrough neglected to provide medical care to Hollman after the man was injured by the officer’s physical restraint, resulting in his “wrongful death.”

Kimbrough was fired in November after APD determined he violated department policy by failing to wait for a supervisor to arrive on scene before arresting Hollman. The Georgia Bureau of Investigation completed its investigation into the incident last fall and forwarded the results to Fulton County Prosecutor Fani Willis’ office, which has not yet determined whether Kimbrough will face charges criminals.

Attorneys for the Hollman family expressed satisfaction with the settlement and commended Hollman’s children for their unwavering efforts to seek justice following his death.

The attorneys, Harold Spence and Mawuli Davis, also noted that the incident involving Hollman resulted in two important policy changes that will ensure the man’s death was not in vain.

First, Atlanta police canceled their standard procedure for arresting drivers who refused to sign tickets.

After the incident involving Hollman, officers must now use common sense and write “refuse to sign” on the ticket.

“No citizen will ever again be arrested for allegedly refusing to sign a traffic ticket,” Spence told the Atlanta Journal-Constitution after the city council approved the settlement. “This is a change that will affect countless people.”

The Fulton County Prosecutor’s Office also revised its policy regarding the release of officer body-worn camera footage in cases involving the use of force, allowing the video to be released immediately after all witnesses have been interviewed, according to Davis.

Both attorneys agreed that the city of Atlanta ultimately acted appropriately to address the family’s ongoing grief over Hollman’s untimely death at the hands of police.

“We recognize this, not only as a victory for their family, but also as a recognition of the importance of the community in these fights for justice,” Davis told the AJC.

Atlanta Mayor Andre Dickens said that in addition to the policy changes, the city plans to introduce a new policing initiative called CARES. This initiative will allow civilian units to respond to minor traffic violations, accidents and theft incidents, helping regular officers focus on more serious crimes.

“My thoughts remain with the Hollman family, and while nothing can undo what has been done, my priority was to get this family as close to complete closure as possible from this unfortunate tragedy as soon as possible,” Dickens said, according to WSB-TV.

Despite the settlement, Davis said the Hollman family will continue to pursue criminal charges against “those responsible” for Hollman’s death.

In December 2023, the Hollman family also filed a separate lawsuit against the tow truck driver who arrived on scene and helped the police officer arrest Hollman by sitting on the man’s head and neck. with all its weight,” according to the action.

The civil action, filed in State Court in DeKalb County, seeks punitive damages from Eric Robinson and his employer, S&W Services of Atlanta Inc., which has a contract with the city to handle road accidents. car.