Family of man crushed at homeless encampment sues city of Atlanta

The family announced the lawsuit at an afternoon news conference at the law office of Davis Bozeman Johnson Law in Decatur. Attorney Mawuli Mel Davis said the complaint was filed Friday in the Fulton County Superior Court.

With members of the Justice for Cornelius Taylor Coalition and homeless advocates standing behind her, Taylor’s cousin Darlene Chaney said his death was avoidable, and the lawsuit was about “trying to make sure this doesn’t happen again.”

“We’re trying to set a table for a better Atlanta, hopefully a better America, because we’re not the only ones with this problem,” Chaney said.

Plaintiffs in the case are Chaney, as administrator of Taylor’s estate, and son Justin Taylor Garrett.

The suit seeks unspecified punitive damages, claiming the city failed in their “ministerial duty” by not checking his tent before rolling over it with a front loader. It also alleges premises liability.

Attorney Harold Spence said the operator of the construction vehicle, other workers, and officials at Old Wheat Street that day were liable.

“If someone had looked inside, had taken 10 seconds to do so, this tragedy could have been averted,” he said.

The encampment is close to the Ebenezer Baptist Church, where King delivered sermons, and The King Center. A copy of the lawsuit, reviewed by The Atlanta Journal-Constitution, cites internal city emails asking for an “emergency” cleaning of Old Wheat Street.

According to the filing, city officials wanted the camp cleared so that “dignitaries, media, and others visiting the iconic civic sites” would not have to “see or navigate around the tents.”

Mayor Andre Dickens’ press secretary Michael Smith said in a statement “the incident involving Mr. Taylor was a tragedy” but that he could not comment on any pending litigation.

After Taylor’s death, Old Wheat Street became a flashpoint for the city’s policies on homelessness, with a coalition formed in his memory demanding changes to a strategy it has called dangerous, ineffective and inhumane.

In response, Mayor Dickens convened a Homelessness Needs Task Force, which published its findings in June. Its recommendations included new protocols and the use of thermal sensors to ensure tents are vacant before heavy machinery moves in to clear a camp.

The family and their attorneys have been critical of an Atlanta Police Department’s initial police incident report suggesting Taylor may have overdosed on drugs and that the responding officer “did not see any other obvious signs” of injuries, aside from a bloody nose.

Officials have stressed that the initial incident report was not a death investigation report, which detectives would be handling and would presumably reveal more details.

In March, a Fulton County medical examiner released an autopsy report finding blunt force trauma to Taylor’s abdomen and pelvis and ruling his death accidental. The report said his injuries were consistent with a construction vehicle like a bulldozer running him over or hitting him.

Last week, the city cleared the Old Wheat Street encampment a second time, with help from the Justice for Cornelius Taylor Coalition, which moved people from the camp into temporary housing at an apartment complex called Welcome House.

Darlene and her brother Derek Chaney, who was also at the press conference, are part of the coalition. They both grew up with Taylor and treated him like their brother.

“The family’s initial focus was assisting and advocating for the humane and dignified relocation of Mr. Taylor’s unhoused brothers and sisters into housing,” Davis said in a statement. “While that work continues, the next step towards full justice for Cornelius Taylor is holding all parties accountable under civil law.”