On August 21, 2010, a man of Hispanic origin filed a lawsuit in the U.S. District Court for the Northern District of Georgia under 42 U.S.C. § 1983 and state law, against the Cobb County Police Department. The plaintiff, represented by private counsel, alleged that the police stopped, searched, and arrested him without reasonable suspicion and probable cause, which violated his Fourth Amendment rights. The plaintiff alleged that the police used excessive force and that he was falsely imprisoned. He requested compensatory and punitive damages.

This case was filed after the defendants' arrest charges were dismissed. The background of the arrest is as follows:

Plaintiff was riding a bicycle in Cobb County on March 26, 2010. The defendants, sitting in a marked patrol car, allegedly stopped the plaintiff because they believed he was Hispanic and not a U.S. citizen. The defendants claimed that they stopped the plaintiff because he failed to yield to traffic. The plaintiff contended that the defendants broke his nose and left eye socket during questioning and arrest.

After the arrest, the plaintiff spent over four months in the Cobb County Jail on charges of misdemeanor grade obstruction or hindering law enforcement officers. At this time, the defendants lacked authority to enforce federal immigration law, but the county jail was authorized to process immigration violations pursuant to an agreement with U.S. Immigration and Customs Enforcement.

Contesting the arrest charges, the plaintiff filed a motion to suppress evidence by arguing that the defendants' stop and detention were unconstitutional. The motion was granted by the Cobb County State Court (Judge Progers) on August 10, 2010. All criminal charges by the defendants for arresting the plaintiff were dismissed and defendants declined to further pursue the charges. However, the plaintiff faced immigration proceedings due to the improper arrest by the defendants. Subsequently, the plaintiff filed this case to recover damages incurred from the dismissed arrest charges.

On May 10, 2011, the District Court (Judge Forrester) dismissed this case with prejudice based on a settlement submitted by the parties.

David Cho - 11/01/2014


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