ATLANTA — The family of an Atlanta church deacon who died after a police struggle last year announced a plan to sue the City of Atlanta and the officer involved.
Attorneys and family members spoke to reporters at a news conference Thursday, announcing they filed a civil rights lawsuit against the city of Atlanta, Atlanta Police Chief Darin Schierbaum and former police officer Krian Kimbrough. The 63-page lawsuit not only alleges that then-officer Kimbrough used excessive force but that Hollman's First, fourth and 14th Amendments were violated.
Johnny Hollman died on August 10, 2023, after Kimbrough tased him following a minor traffic crash. The officer believed Hollman was at fault in the accident, and the church deacon disagreed.
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The department fired Kimbrough shortly after Hollman's death because he failed to have a supervisor on the scene before attempting to arrest the deacon.
The 62-year-old Atlanta deacon died of Cardiac Dysrhythmia after being shocked by the taser, the autopsy report revealed. Hollman became unresponsive shortly after, and EMS was called to respond.
Body camera footage, which was released before Thanksgiving, showed the struggle that led up to Hollman’s death. It came after law enforcement showed Hollman’s family the body cam footage but did not release the video to the public for over a month.
The video showed Kimbrough determining Hollman was at fault, which the church deacon objected to. He then initiated an arrest - leading to the tasing - when Hollman wouldn't sign a traffic ticket.
It further showed the two briefly struggling before Kimbrough took Hollman to the ground, ordering him to put his hands behind his back and pressing his head and body into the ground. Hollman could be heard saying, "I can't breathe" a number of times.
After Kimbrough tased Hollman, the deacon became unresponsive.
In addition to Kimbrough's firing, Atlanta Mayor Andre Dickens also announced several procedural changes within the department, including allowing officers to write “refusal to sign” on a ticket rather than make an arrest.
However, lawyers have argued that is not enough.
“A minor accident should not cause someone a death sentence. It shouldn’t be that way,” Hollman's daughter, Anitra Hollman, previously said.
The lawsuit is based on 6 counts. Count 1 alleges Kimbrough neglected to perform his ministerial duties. Count 2 is a Fourth Amendment claim for excessive force, while Count 3 alleges a First Amendment violation, claiming retaliation for Hollman speaking up against his traffic ticket. Count 4 is against the city of Atlanta for allegedly having an unconstitutional Official Arrest Policy. Count 5 goes on to claim the city has an unofficial policy of deliberate indifference to widespread patterns and practices of excessive force and performs inadequate investigations for officers accused of crimes. It also claims deliberate indifference for failing to provide medical attention to Hollman when he became unresponsive. This lawsuit comes after the family also sued a tow truck driver who was on the scene during the struggle.
In a statement, Attorney Mawuli Davis said, “The family is now prepared to endure the next several years of federal litigation in their quest for justice. It’s a sad day for a city Deacon Hollman’s family has loved unconditionally.”
City of Atlanta response to lawsuit
While we cannot comment on pending litigation, the Hollman family remains in the Mayor’s prayers.
When the incident occurred, the Mayor immediately directed a top-to-bottom review of the SOP’s involved in the interaction, as well as training curriculum. This led to the following changes:
- Revising APD’s standard operating procedures regarding traffic citations, allowing officers to write “refusal to sign” in the signature line, rather than make an arrest.
- Expediting the launch of APD’s civilian response unit which will provide service to Atlanta residents and neighborhoods. Yearly, police officers respond to tens of thousands of low risk calls for service. These calls monopolize significant patrol hours as they often carry a high level of administrative complexity. This unit, composed of unarmed specially trained civilians, will serve citywide by responding to minor traffic offenses, accidents and thefts from cars as well as handling various traffic management needs.
- Developing new policy guidelines and procedures in partnership with the Fulton County District Attorney’s Office and the Georgia Bureau of Investigation when considering the public release of video evidence showing the use-of-force by an Atlanta police officer that has resulted in serious bodily injury or death, and which is subject to investigation by the GBI.