Atlanta awards $3.8 million settlement in death of man who was TASERed after refusing to sign a traffic ticket

By Riley Bunch and Shaddi Abusaid
The Atlanta Journal-Constitution

ATLANTA — The Atlanta City Council on Monday approved a $3.8 million settlement with the family of church deacon Johnny Hollman, who died while being arrested after a minor car accident in Atlanta last August .

Family lawyers filed a federal complaint following Hollman’s death in January, filing civil rights lawsuits against the city of Atlanta, Police Chief Darin Schierbaum and former officer Kiran Kimbrough.

The lawsuit alleged that Kimbrough used excessive force to subdue Hollman, “resulting in his death.”

Council members unanimously passed the legislation approving the settlement amount after a brief executive meeting.

The 62-year-old man was rendered unconscious after being stunned with a Taser and handcuffed by Kimbrough following a crash in southwest Atlanta, and after refusing to sign a citation written by the officer.

Body camera footage released in November by Atlanta police shows the entire encounter. At one point, Kimbrough can be seen grabbing Hollman’s arm while repeating, “Sign the ticket.” Hollman responds: “Okay. I’ll sign the ticket. Kimbrough then appears to force Hollman to the ground, before stating that he would use his Taser.

Hollman can then be heard repeating, “I can’t breathe.” » The struggle continues for only a few seconds, then Hollman appears to lose consciousness, as seen in the video.

The family’s lawsuit accuses the defendants of violating the Fourth Amendment by using excessive force, violating Hollman’s First Amendment through physical retaliation, failing to provide him with medical care, physically restraining him and ultimately driving to his “wrongful death”.

Attorneys Harold Spence and Mawuli Davis, who represent the Hollman family, said they were satisfied with the settlement amount. They praised Hollman’s children for their tireless work and said the deacon’s death led to two important changes.

ODA changed its policy following the incident, he asked officers not to arrest drivers who refused to sign traffic tickets. In the future, the department said, police will simply write “refuse to sign” on the ticket.

“No citizen will ever again be arrested for allegedly refusing to sign a traffic ticket,” Spence said in a telephone interview after the city council approved the settlement. “This is a change that will affect countless people.”

The Fulton County Prosecutor’s Office also changed its policy regarding the release of officer body-worn camera footage in use of force cases. Now, body camera footage can be released once all witnesses have been interviewed, Davis said.

Before that, the process could take months or even years.

Although nothing can bring Hollman back to life, both attorneys said that ultimately the city of Atlanta did right by his grieving family.

“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 said.

Although a settlement was reached, Davis said the Hollman family’s fight would continue “until those responsible are criminally prosecuted.”

Atlanta Mayor Andre Dickens said in a statement Monday that in addition to the policy changes, the city will soon implement its new CARES program, which includes civilian units that will respond to minor traffic violations , accidents and theft incidents in place of sworn agents.

“My thoughts remain with the Hollman family, and while nothing can undo what has been done, my priority was to bring this family closer to this unfortunate tragedy as quickly as possible,” Dickens said.

Reporter Caroline Silva contributed to this story.

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