Woman jailed for asking ‘why' files suit against APD, officers

By Rhonda Cook

The Atlanta Journal-Constitution

A woman jailed for 10 hours after she challenged the authority of a policeman has filed suit in federal court against the officers and the Atlanta Police Department, claiming they violated her civil rights, used excessive force on her and subjected her to emotional distress.

The suit said the officers were acting “upon racial prejudices accumulated and fostered” by APD when they arrested Minnie Carey, who was 61 at the time, for disorderly conduct after she asked "why" she had to move from where she was standing on a sidewalk talking to friends.

The suit says the officers' agenda in ordering her to move and the arresting her was to "demonstrate power and control and [to] strike fear into citizens of this low income, predominately black neighborhood.”

Police spokesman Sgt. Curtis Davenport said Tuesday that APD could not comment on a pending lawsuit. But previously, Davenport said it is against departmental policy “to do any sort of racial profiling and any employee doing so will be disciplined to the fullest.”

The acting city attorney, whose office represents the police department, could not be reached for comment.

The federal lawsuit, filed two weeks ago, recounts Carey’s tribulations last March that began within moments of stopping on the sidewalk outside a neighborhood convenience store to talk to two other women about a friend’s funeral.

Carey, now 62, told The Atlanta Journal-Constitution that Officer Brandy Dolson and his partner drove up in their patrol car and told the women to move. Carey’s friends walked off, but she didn't. Instead, Carey asked “why” and Dolson responded, “because I said so.”

Carey said she was then handcuffed and taken to the Atlanta jail on a charge of disorderly conduct. She was kept in jail almost 10 hours, according to the suit.

Twice Carey went to Municipal Court on the charges and both times her case was postponed. The third time she went, a judge dismissed the charge because Dolson was not in court.

The Citizen Review Board, which investigates allegations of Atlanta police misconduct, already has found that Dolson acted improperly in the incident. Board members put off recommending a punishment until they have reviewed details of previous citizen complaints against Dolson.

Dolson is on unpaid administrative leave and has declined to comment on Carey’s claims.

“Atlanta police have been known to target and abuse blacks, without reason, in this low income neighborhood, resulting in extreme fear of the police by its residents,” the lawsuit said.

Dolson and his partner -- Jamie Nelson, who also is named in the suit -- are African-American.

The suit says Carey was not under the influence of drugs or alcohol, she did not resist arrest and she was not a threat the afternoon of March 26, 2009, the day of the incident.

“The force used against her was unnecessary, unreasonable and excessive,” the suit said.

At the same time, the lawsuit says, the city does not discourage street officers from targeting the poor or minorities, and APD does not give officers proper training.

“Police officers believe that their actions would not be properly monitored by supervisory officers and that misconduct would not be investigated or sanctioned but would be tolerated,” the suit said.

The suit accused city officials of “deliberate indifference” and used as examples 10 citizen complaints that have been filed against Dolson.

“The city of Atlanta … failed to adequately investigate the claims and deter him from further misconduct,” the suit said.

The suit said the officers violated Carey’s Fourth Amendment protection from unreasonable search and seizure, denied her liberty and violated her right to be free from racial discrimination.

Carey’s lawsuit doesn’t ask for a specific amount of money, but asks that a jury decide how much she is due in punitive damages.