LAWYER PLANS EXPANDED LAWSUIT

Bill Campbell changes course after seeing video

Although attorneys for Kenneth Walker's family have asked a judge to dismiss a $100 million federal lawsuit, the case is by no means over.

A motion filed Friday by former Atlanta Mayor Bill Campbell requests that the court dismiss the lawsuit without prejudice against his clients, Walker's widow and daughter.

If U.S.  District Judge Clay Land dismisses the suit against the Muscogee County Sheriff's Office, the sheriff and the former deputy who fatally shot Walker, then Campbell intends to file an expanded suit.

"This is procedural in nature, and there will be additional counts added to the ultimate lawsuit," Campbell said Wednesday.

Campbell said he recently viewed the video of Walker's shooting and believes it provides ample evidence to expand the lawsuit.

He did not say whether a second suit would be filed in federal or state court.

"We are going to refile very soon," he said.  "We have not determined the forum yet, but we do know additional counts will be added."

"Our strategy has always been the same, and that is to find justice for the death of Kenneth Walker, that was unjust, unprovoked and without any legal basis," Campbell said.  "It was clear that Kenneth Walker was killed without provocation.  That is a great tragedy."

The shooting

The night of Dec.  10, Walker, who was riding with three friends in a gray GMC Yukon, was fatally shot by Sheriff's Deputy David Glisson during a traffic stop along Interstate 185.

The 39-year-old Columbus man and friends Warren Beaulah, Anthony Smith and Darryl Ransom were pulled from their vehicle during the stop, which occurred after law enforcement officers spotted the men leaving an Armour Road apartment under surveillance for drug activity.  During that process, Walker was shot twice.

No drugs or weapons were found on any of the men.

The lawsuit

Campbell and Florida attorney Willie Gary filed a federal suit Feb.  24 on behalf of Walker's widow, Cheryl, and their daughter, Kayla, seeking $100 million in damages.

The suit alleges that Glisson violated Walker's constitutional rights by using excessive force and depriving Walker of life and liberty without due process of law.

The suit holds Muscogee County Sheriff Ralph Johnson accountable for Walker's death because Glisson was following the sheriff's official policies and procedures.  In addition, the suit faults Johnson and the sheriff's office for failing to adequately train and supervise Glisson.

Legal response

Attorneys for the sheriff's department and the sheriff responded to the suit against their clients with motions to dismiss March 12.

"We had filed a motion to have that department dismissed as a party in the suit," said attorney Jim Clark of Page Scrantom Sprouse Tucker & Ford in Columbus.  "It is basic law that in order to be subject to suit, you have to be a legal entity that is capable of receiving a suit.  The sheriff's department does not qualify as such an entity."

A separate motion argues that the sheriff is immune from suits while acting in his official capacity and that even if he were not, he did not cause Walker's death and thus cannot be sued.

Land has not yet ruled on either motion.

The attorneys have not filed a response to the plaintiffs' motion to dismiss the suit.

"We have not gotten our response together," Clark said.  "We are considering what our options are."

Richard Hagler, Glisson's attorney, said neither he nor Glisson was ever served with the lawsuit.  But Hagler received a copy of the motion for dismissal from the Walkers' attorneys.

"At this point, I don't think it's even appropriate for us to be responding since we were never served with the original lawsuit," Hagler said.