INTEROFFICE MEMORANDUM

Transcription

1 INTEROFFICE MEMORANDUM TO: FROM: Louisa Browne Risk Management Dyanne C. Reese Clerk ofcouncil DATE: February 26, 2015 RE: Ante Litem Notice Enclosed for your information is an Ante Litem Notice from The Mance Law Group, LLC requesting to bring a law suit against the City ofsavannah. This notice was received by the Clerk of Council Office February 26, The notice was made into a petition (number ) February 26,2015 and forwarded to you for your information. Enclosure DCR/LJL Jennifer Herman City Attorney office Lois Adams City Attorney office On file in Clerk ofcouncil's Office

2 SENTVIA CERTIFIED MAIL RETURN RECEIPT NO CltvAttorney. BrooksStlllwell. Esq. The Office of CityAttorney BrooksStlllwell February 22,2015 ITO jrr*)r\ CITY MANAGER'S OriiCE RETURN RECEIPT NO Mavor Edna Jackson The Officeof Mayor Edna Jackson "rt "1 "-30 ro r. o r RETURN RECEIPT NO Cltv Manager/Administrator. Stephanie Cutter The Office of City Manager Stephanie Cutter RETURN RECEIPT NO S County Manager. Lee Smith The Office of the County Manager, Lee Smith P.O. 80x8161 Savannah, GA31412 RETURN RECEIPT NO Chairman of County Commission. Al Scott The Office of Commissioner Al Scott P.O. Box 8161 Savannah, GA31412 SENT VIA CERTIFIED MAIL RETURN RECEIPT NO County Attorney. R. Jonathan Hart The Office of the County Attorney, R.Jonathan Hart P.O. Box 8161 Savannah, GA Re: Claimants: The Estate of Charles Smith, Charmesia Smith, and Charlie Smith Date of Injury: September 18,2014 Place of Injury: In the immediate vicinity of Mt. Carmel Baptist Church, 1306 Augusta Ave., Savannah (Chatham County) Georgia ANTE LITEM NOTICE PURSUANTTO O.C.G.A. Sections and O.C.G.A. Section AnteUtem Notice to City of Savannah, Chatham County, and SCMPD

3 Dear All: This firm has been retained to represent the Estate of Charles Smith and his 2 daughters (Charmesia Smith and Charlie Smith) for the wrongful death of Charles Smith as a result of Savannah- Chatham County Metropolitan Police Officer DavidJannot. The purpose of this letter Is to give ante litem notice to the City of Savannah, Chatham County, and the Savannah-Chatham Metropolitan Police Department of an impending lawsuit pursuantto O.C.G.A. Section and O.C.G.A. Section A. TIME. PLACE. AND EXTENT OF INJURY OnSeptember 18th, 2014, Charles Maynard Smith was killed byofficer David Jannot, a member of the Savannah-Chatham Metropolitan Police Department. Mr. Smith's shooting occurred after he was arrested for traffic offenses, among other things. On September 18th 2014, CharlesSmith entered a small corner store on Augusta Avenue around 10:58 am. He spoke with the cashier of the store and initiated payment for items which he purchased. While paying the cashier, Smith exposed the whites of his 2 side pants pockets in their entirety. Around this time, 3 officers suddenly and without warning, rushed into the corner store and immediately began scuffling with Smith. They wrestled him to the floor and grasped various portions of his person, including his leg and stomach areas. At some point during the struggle between officers and Smith, a fourth officer fbelieved to be Officer Jannot) appeared brandishing a taser. Shortly thereafter, Smith was handcuffed (with his hands behind his person) and lifted from the ground. As he was lifted, his stomach, back, and buttocks areas were exposed each of which revealed no weapon on his person. Smith was subsequently searched by officers who discovered no weapon on his person. Nor did those officers discover a weapon in the store. The store owner would also search the area near Smith's physical struggle with police: he too would find no indication of a weapon. Eventually,Smith was placed In the rear driver's seat of a Savannah-Chatham County Metropolitan police car driven by Officer Jannot. That car was followed by another police car believed to have been driven bv another officer reputed as "Officer National", who is also a member of the Savannah Chatham County Metropolitan Police Department. Officer Jannot proceeded to drive down Augusta Avenue from the small corner store in the direction of Mount Carmel Baptist Church. During the drive, Smith kicked outthe rear driver's windowotthe police car. Smith manipulated his cuffed hands to the front of his person. This vehicle drove approximately one block, stoppingat the corner of Eagle Streetand Augusta Avenue {immediately in front ot Mt. Carmel Baotist Church. Smith began to wiggle his person out of the vehicle. At some point, Smith's cuffed hands were completely outside of the vehicle. At that time, Officer Jannot exited the vehicle and exclaimed to Mr. Smith '"Are you ready to diel" He subsequently delivered approximately 5 shots to Mr. Smith's person, includingareas such as his temple, between neck and collar bone, his buttocks, between his arm and back, and other areas. Mr. Smith died that day. 1Thisstatement ts consistent with testimony of eye-witnesses who were at the scene of the shooting. *» Ante Ulom Noticeto Cityof Savannah, ChathamCounty,and SCMPD

4 Smithdied on a street filled with members of the West Savannah Community who 'witnessed hisshooting from various vantage points. Smith died at age 29. He left behind a baby daughter and a child in utero. He left his mother, Penny Nelson, his sisters (Janie Smith and Catherine Smith), and his brother ChrisSmith. He was a cherished member of the West Savannah Community a member who had dreams of doing something positive with his life. B. NEGLIGENCE OR ACTWHICH CAUSED INJURY Mr. Smith has 2 primarycauses of action under which his claim may proceed. The first cause of action is under a theory of excessive force. The second, alternative cause ofaction, is under a negligence theory. a. Excessive Force Because OfficerJannot has demonstrated a 'pattern of similar activities as a Savannah-Chatham County police officer in the West Savannah Community, the Savannah Chatham-County Metropolitan Police Department cannot assert a defense of sovereign immunity. Officer David Jannot, as an employee of the Savannah-Chatham Metro Police, violated Mr. Smith's clearly established constitutional right to be free from excessive force during his arrest. Specifically, Officer Jannot should have refrained from shooting Smith when he posed no threat at the time of his arrest. b. Negligence Officer Jannot had a duty to act as a reasonable officer would under similar circumstances to refrain from shooting Smith who posed no threat at the time of bis death. He breached that duty by using excessive force on Smith's person. Asa resultof that breach, he actually and proximatelycaused the death of Mr. Smith. Because the Savannah-Chatham County Metropolitan Policeare managed both by Cityof Savannah and Chatham County, the Cityand County are also responsible for the harm caused to Mr. Smith. Pursuant to O.C.G.A. Section and O.C.G.A. Section , this letter hereby serves as ante litem notice to the Cityof Savannah, Chatham County, and the Savannah-Chatham County Metropolitan Police that the estate of Charles Smith, his 2 daughters, and any other real parties in interest intend to sue thesavannah-chatham Metropolitan Police Department. Officer David lannnt. and any other nartlp<: responsible for the wrongful death ofcharles Smith, as a result of any negligence or the use of excessive force during his arrest on Spptemher 1R,h frhis a request to recover for the full value of the lifeof Mr. Smith, the loss of the companionship of Mr. Smith for Mr. Smith's 2 daughters, Mr. Smith's future lost wages, In addition to his physical and mental pain and suffering, amongst other things. Pursuant to O.C.G.A. Section , 2At the moment that Mr. Smith was shot, according to eye witness accounts, his hands (which contained no weapon)were visible In their entirety and were cuffed, rendering him no threat to the police or the public. It Is also believed that Jannot had a taseron his person at the time of the shooting but refrained from using it. 3Several members of the West Savannah Community have come forward alleging to have either been victims of aggressive searches by utticerjannotorto have known membersor the westsavannahcommunitywitn knowledge of these activities. 4. Mr. Smith has $0.00 in medicalexpenses, as he was dead on the scene of the crime. He also has no past lost wages, as tie was unempluyeii at the time of Ins death. 3 Ante utem Noticeto City ol Savannah, Chatham County, and SCMPD

5 please also accept this as a demand in the amount of 3 million ($3,000,000.00) dollars, plus reasonable attorneys' fees. Please be advised that pursuant to O.C.G.A. Section , you must consider and act upon this request within 30 days ofits receipt. Thank you for your prompt attention in this matter. Should you have any further questions or if you would like to discuss this matter further, please do not hesitate to call my office. All the best, ChadrlckA. Mance, Esq. THE MANCE LAW GROUP, LLC 4 Ante litem Notice to City of Savannah, Chatham County, and SCMPD