City of Atlanta v. Grier

• Court: Georgia Court of Appeals
• Writing for the Court: POPE; BEASLEY, C.J., and RUFFIN
• Citation: City of Atlanta v. Grier, 456 S.E.2d 751, 217 Ga.App. 251 (Ga. App. 1995)
• Decision Date: 04 April 1995
• Docket Number: No. A95A0219,A95A0219
• Parties: CITY OF ATLANTA v. GRIER et al.

Page 751

456 S.E.2d 751

217 Ga.App. 251

CITY OF ATLANTA v. GRIER et al.

No. A95A0219.

Court of Appeals of Georgia.

April 4, 1995.

Overtis H. Brantley and Elizabeth B. Taylor, Atlanta, for appellant.

Jonathan O. Oden, Atlanta, for appellees.

POPE, Presiding Judge.

Rodney Grier, a City policeman accused by his sergeant of intentionally and unnecessarily kicking a suspect, was disciplined by the City for using unreasonable force. After a hearing, the Civil Service Board concluded that Officer Grier had not used unreasonable force and overturned the disciplinary action. The superior court affirmed the Board's order, explicitly finding that it was supported by substantial evidence. See Smith v. Elder, 174 Ga.App. 316(1), 329 S.E.2d 511 (1985). We granted the City's application for discretionary appeal and now affirm.

Three officers testified at the hearing: Officer Grier; his sergeant, Sergeant Dukes; and a third officer at the scene when the incident occurred, Officer Moore. All agreed that the suspect was highly intoxicated and extremely violent. The suspect was also verbally abusive, repeatedly calling Officer Grier "nigger." Before having his hands and ankles cuffed, the suspect had escaped and been recaptured, and had kicked out the window of one of the patrol cars. Even after being cuffed, the suspect refused to be subdued; when Officer Grier walked within five feet of him, the suspect lunged at Grier, falling into the officer and biting his pants leg.

At this point the stories of Officer Grier and Sergeant Dukes diverge. Officer Grier says that he stumbled, turned and tried to shake his leg loose from the suspect's teeth, and that he inadvertently kicked the suspect in the process. Sergeant Dukes, on the other hand, says that Grier never lost his balance and that the suspect had already stopped biting Grier's pants leg when...