A federal judge dismissed a lawsuit Monday that was brought by Jesse Jackson’s Rainbow PUSH challenging Georgia’s “stand your ground” law, because the state was never served with the complaint.
This is the second time a federal lawsuit against the controversial law has been dismissed because the lawyer did not follow through once the media attention on the case had died.
U.S. District Judge Julie Carnes wrote in her order that the lawsuit can be refiled. Attorney Robert Patillo said he would bring a new complaint — identical to the one dismissed Monday — by the end of the week. Patillo said this time he would ensure that the complaint is hand-delivered to the Governor’s Office and the Attorney General’s Office.
“If they refile it, it will be the third time around,” said John Monroe, attorney for the gun rights group GeorgiaCarry.org.
The state’s lawyers and GeorgiaCarry.org, which was allowed to join the case when Patillo did not object to its motion to intervene, asked Carnes to sanction Patillo for not following through and not responding to some of their filings. They claimed Rainbow PUSH’s attorney had misled the court with his explanations for the procedural shortcoming.
Carnes declined to sanction him but cited the problem in her order. “Once again,” she wrote, “on virtually an identical claim, counsel has failed to timely serve the defendants.”
She also noted Patillo’s “failure to even attempt to rebut” the allegation that he misled the court.
In one instance, Patillo said he had mailed the complaint and a summons to Gov. Nathan Deal and Attorney General Sam Olens on Nov. 4, the day the suit was filed and three days after Jackson attracted national news coverage of his plan to sue Georgia. Court records show a summons was issued on Jan. 3, two months later.
“It is difficult to serve the governor and the AG,” Patillo said. “We’re going to work with their offices to do personal service to make sure we have all the I’s doted and the T’s crossed. It doesn’t change the veracity of the case.”
Patillo said previously that he was erroneously told to mail Deal’s copy to the Governor’s Mansion on East Paces Ferry Road and he was given the incorrect ZIP code for the AG’s office, which is across the street from the Capitol.
Two years ago another suit Patillo filed challenging the state’s “stand your ground” law also was dismissed because Deal and Olens were never served.
That suit was brought on behalf of two families who said they have suffered because of the law:
James Christopher Johnson III was killed March 31, 2012, in a Newnan bar after a dispute with a man who had allegedly made an obscene gesture to Johnson’s girlfriend. According to witnesses, Adam Lee Edmondson left the bar but came back moments later with a gun. Edmondson claimed he shot Johnson self-defense and was acquitted.
Later that year, Herman Smith was sentenced to life in prison for killing Cardarius Stegall at a Carroll County birthday party. Witnesses said Stegall had threatened to shoot several people and Smith shot him when he headed toward Smith with a gun.
About the Author
