By D.L. Bennett
The Atlanta Journal-Constitution
FULTON COUNTY, Ga. — A federal judge on Tuesday dismissed as “patently absurd” Fulton Sheriff Myron Freeman’s argument that his deputies’ use of Tasers on inmates is none of the court’s business.
Judge Marvin Shoob’s harshly worded order continued the tense back and forth between the two parties that has marked the case in recent months.
In reaction, Freeman issued a conciliatory statement.
“It’s very unfortunate and personally disturbing to me that Judge Shoob would sense any disrespect in the legal arguments made to the court,” Freeman said. “Clearly, no disrespect was intended. I think we’ve acted in good faith as we’ve tried to get our positions on the record.”
“The judge left no doubt he intends to monitor how and when deputies use Tasers as part of the ongoing litigation over crowding and conditions at the Fulton County Jail.
Shoob also has the authority, if he feels Freeman can’t handle the task, to take over jail operations. He made no mention of that in Wednesday’s order.
“If the Sheriff allows jail staff to ignore such policies and procedures, then he is in contempt of this Court’s Order and is subject to appropriate sanctions, including fines and incarceration, if necessary,” Shoob wrote. “This Court will not tolerate defiance of its authority to enforce its orders.”
The judge’s order came in response to a document filed last week by Freeman.
The sheriff said force used on inmates was not an issue in a 2004 jail conditions lawsuit so it shouldn’t be an issue now.
He insisted that discussions on how well the jail is meeting the terms of a negotiated consent order should be limited to staffing, inmate population, inmate releases and the other areas in the agreement signed last year.
Freeman’s court filings last week came in response to Shoob’s demand that the sheriff address concerns attorneys for inmates raised in a June 22 memo. Shoob stressed he wanted Freeman to answer questions about one deputy in particular, who had used her Taser on three occasions in one month, including a Jan. 31 incident when she shot electrical probes into Larry Bridges twice within minutes, the second time while the inmate was handcuffed and sitting.
Freeman said Deputy Nancy Dallas was only now under investigation because she did not file a report for a month and the Sheriff’s Office internal affairs unit only learned of the incident in April, when Bridges’ attorney filed a complaint.
Shoob said that’s not enough.
“The Court is appalled that nearly six months after these incidents occurred, no disciplinary action has been taken and this deputy is still employed by the Sheriff’s Office,” Shoob’s order read.
COpyright 2007 The Atlanta Journal-Constitution