Civil rights lawsuit filed over First Friday arrest

Thursday, Oct. 3, 2013 4:35 PM
Last updated 7:29 PM
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A civil rights lawsuit accuses the city of Augusta and law enforcement of targeting young black men for arrest on a First Friday in 2010.

The lawsuit further alleges that David Frederick was wrongfully arrested for violating the city’s curfew ordinance for juveniles, and that he was struck and kicked while in handcuffs.

Richmond County sher­iff’s Lt. Calvin Chew said Thursday that the events described occurred under a different administration and that he couldn’t address the allegations until the department reviews the case.

The U.S. District Court lawsuit, filed Sept. 22, names as defendants the city; the current and former sheriffs; and officers Demond Brown, Ra­chel Hardin, Phillip Ham­brick, Jason Saal and James Swint.

Frederick’s lawsuit contends that after trouble by young people at the May 2010 First Friday, Sheriff Ronnie Strength instructed officers to aggressively enforce the curfew ordinance for minors at the First Friday the next month. Strength knew or should have known such a directive would lead to civil rights violations, the lawsuit alleges.

Frederick, then 16, was in Augusta with his mother to attend the graduation of a family member and got permission to go to First Friday with Brad Tucker, an adult, the lawsuit states.

Frederick was walking with Tucker and another adult near Broad and 10th streets when they were stopped by Brown and other officers who asked their ages, the lawsuit says. Fred­erick contends he was cuffed and turned over to Har­den to take to a holding area.

Frederick alleges that Harden called out to other officers as they approached the holding area and that several officers forced him to the ground and hit and kicked him.

The lawsuit also challenges the constitutionality of the curfew ordinance.

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bright idea
860
Points
bright idea 10/03/13 - 03:46 pm
5
1
Did it take 3 plus years

Did it take 3 plus years to dream this up or find a lawyer willing to give it a shot in the dark?

happychimer
19347
Points
happychimer 10/03/13 - 04:57 pm
0
8
Do you have any idea how long

Do you have any idea how long it takes when you get the justice system involved with anything? It can takes months or even years.

just an opinion
2839
Points
just an opinion 10/03/13 - 07:34 pm
4
1
Who is the lawyer who filed it?

The lawyer's name please.

Fiat_Lux
16200
Points
Fiat_Lux 10/03/13 - 08:51 pm
5
4
They're trying to find money to pay

for their ObaminationCare costs.

thauch12
6975
Points
thauch12 10/04/13 - 03:58 am
6
1
Forgive me if I'm missing

Forgive me if I'm missing something but what exactly does "instruct[ing] officers to aggressively enforce the curfew ordinance for minors" have to do with "targeting young black men?"
I seriously hope whichever judge sees this case come across his/her docket dismisses it with prejudice ASAP and has the prosecuting parties pay the legal fees for this nonsense.

Guntoter 2
92
Points
Guntoter 2 10/04/13 - 04:40 am
0
1
GET REAL.
Unpublished

Oh oh so the outta control Thugs think they have the green light to go an event such as first Friday and display behavior like a bunch of primates fighting each other causing mayhem and think the law should treat them with kid gloves?..not on your life they deserved to be beat down into the pavement..SMDH at the shyster mouthpiece who would subject his services to a waste of time lawsuit.

itsanotherday1
46695
Points
itsanotherday1 10/04/13 - 07:16 am
5
1
"One call, that's all. I will

"One call, that's all. I will get you PAID". Parasites; both attorney and client.

lsmith
105
Points
lsmith 10/04/13 - 07:45 am
0
1
Po Po keepin' a man down.
Unpublished

Po Po keepin' a man down. This gets really tire some. No shortage of lawyers willing to take these cases. Hope the city doesn't settle. Make the lawyer earn his fee (if he gets one)

grinder48
2038
Points
grinder48 10/04/13 - 08:20 am
0
1
Details
Unpublished

Article missing many pertainent details ... what time did the offiers stop them, how old were they, how did they respond to the request by officers ... and more. I don't care what color you are, when approached by a police officer, you need to respond appropriately.

rmwhitley
5547
Points
rmwhitley 10/04/13 - 08:24 am
0
1
If the
Unpublished

the administration in question had been "instructed to aggressively enforce the curfew", I am certain 3/4 of the black population who attended First Friday at that time warranted arrest.

nocnoc
46914
Points
nocnoc 10/04/13 - 11:06 am
1
0
Let see here ....

We had a serious 1st Friday Problem, some say a Gang War / A BGF/BBF shooting or whatever, but involving MINORS just before this arrest.

A Sheriff instructed officers to aggressively enforce the curfew ordinance for MINORS at the First Friday the next month. Logic would seem to dictate RCSO crack down on the MINOR problem not the other 90%.

According to the article/Lawsuit, Law Enforcement should know enforcing the LAW leads to civil rights violations.

I sure hope 6 commissioners don't use this as an opportunity dole out ANY $$$$$ to such a STUPID lawsuit.

nocnoc
46914
Points
nocnoc 10/04/13 - 11:07 am
1
0
I must have missed it after several readings

As of Thursday, Oct. 3, 2013 4:35 PM Last updated 7:29 PM
Not sure
but it appears David Frederick is represented by a reasonably good, seasoned and active Lawyer: John Paul Batson ???

=========================
Can or Will anyone verify this?
=========================

http://dockets.justia.com/browse/state-georgia/noscat-5/?page=3
Frederick v. Brown et al
Filed: September 22, 2013 as 1:2013cv00176
Plaintiff: David Frederick
Defendants: Demond Brown, Rachel Hardin (Brooks), Phillip W. Hambrick, Jason B. Saal, James M. Swint and others
Cause Of Action: Civil Rights Act
Court: Eleventh Circuit > Georgia > Southern District Court
Type: Civil Rights > Other Civil Rights

Frederick v. Brown et al
Share |
Plaintiff: David Frederick
Defendants: Demond Brown, Rachel Hardin (Brooks), Phillip W. Hambrick, Jason B. Saal, James M. Swint, FNU Gray, Ronnie Strength, Richard Roundtree, Augusta-Richmond County and John and/or Jane Doe

Case Number: 1:2013cv00176
Filed: September 22, 2013
Court: Georgia Southern District Court
Office: Augusta Office
County: Richmond
Presiding Judge: J. Randal Hall
Referring Judge: Brian K. Epps
Nature of Suit: Civil Rights - Other Civil Rights
Cause: 42:1983 Civil Rights Act
Jurisdiction: Federal Question
Jury Demanded By: Plaintiff

dichotomy
36050
Points
dichotomy 10/04/13 - 11:33 am
2
0
Is enforcing the law an act

Is enforcing the law an act of targeting young black men because young black men break the law disproportionately more often?

Dudeness
1546
Points
Dudeness 10/04/13 - 01:12 pm
0
0
Either they were breaking

Either they were breaking curfew or they weren't. I don't think the term "minor" means what Frederick thinks it means. It's not a civil rights violation just because you're too stupid to know the difference between "minor" and "minority".

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