An Ellenwood man filed a lawsuit in federal court this week against Hall County, Hall County Sheriff Gerald Couch, and several Hall County jail officers seeking damages after he was allegedly assaulted by officers in the county during his arrest in 2021.
The Georgia State Patrol arrested Dewon Greer in Hall County on Sept. 17, 2021, on traffic charges, and he was booked at the Hall County jail.
The lawsuit filed by the Law Office of L. R. Nicks, LLC of Alpharetta said Greer was arrested following the suspension of his driver's license due to child support payment violations. However, the lawsuit claimed Greer had already resolved his child support issue prior to his arrest and was willing to provide proof to the officers.
"The arresting officers disregarded Mr. and Mrs. Greer's pleas to check the receipts and paperwork regarding the child support matter," the lawsuit reads.
The lawsuit claimed Greer was "forcefully slammed on his face and head against the concrete jail wall and floor," after arriving at the jail. It also claimed Greer lost consciousness, and his eye and eyebrow were "bleeding profusely, severely swollen, lacerated and enlarged," as a result.
Subsequently, the lawsuit claimed Greer was diagnosed with Post-Traumatic Stress Disorder, has undergone several reconstructive dental procedures, and has "permanent scarring and structural impairment of his eye."
Greer is seeking an award for various alleged damages. The lawsuit asks for a jury trial, with the jury determining the award Greer would receive, in the case that judgment is entered in his favor.
Hall County Sheriff Gerald Couch issued a statement Wednesday afternoon, claiming the injury to Greer was not malicious.
"Mr. Greer was being extremely belligerent. During the booking process, Mr. Greer did sustain an injury; however, none of the jailers involved had any ill-will or any intent to cause an injury," the statement from Couch reads. "Mr. Greer failed to follow lawful commands to get on his knees so his handcuffs could be removed. Since he failed to comply, the jailers were trying to place Mr. Greer in a prone position to remove his handcuffs. During this process, Mr. Greer fell forward causing a laceration to his left eye."
However, the lawsuit claimed Greer did not present any threat to officers or himself at the time of the incident.
"[The] defendants' conduct was without legal justification and was improperly motivated by ill will and actual malice," the lawsuit reads.
The statement from Couch said Greer made racial insults toward the arresting trooper and also repeatedly told the jailer he hoped they would die and their families would die.
Additionally, while the lawsuit claimed Greer was denied "adequate and proper medical assistance after being injured by the officers," Couch said "jail staff attempted to immediately treat his injury as he continued to hurl insults and racial slurs at jail staff and deputies."
As part of his statement, Couch released a 16-minute long video taken from the body camera of one of the officers involved in the arrest. The full video can be viewed here. Editor's note: The body camera footage includes language that could be seen as vulgar or offensive. Viewer discretion is advised.
About 7 minutes and 30 seconds into the video, an officer can be seen pulling Greer's ankle during an attempt to have the man position on both of his knees. Greer can be heard stating he would get down on one knee, but would not get down on both. Greer can be seen falling and hitting his head as a result of the action.
"I thought you had his shoulder?" one officer can be heard saying following the incident, with the other officer involved in the incident responding with the same question.
Couch urged the community to watch the body camera footage for more context on the situation.
"The complete video shows this was an unintentional incident that could have easily been prevented had Mr. Greer simply complied with the officers' instructions," Couch said. "While this is an unfortunate incident, it was not an egregious assault on an inmate as some in our own community have alleged."
While the bulk of the lawsuit pertains to the injury Greer suffered, the suit also said his "cell conditions were inhumane, with feces, urine, and old food on the floor, resulting in his bleeding eye being exposed to the unsanitary and dangerous conditions."
Greer is suing on the following counts:
- Deprivation of Federal Rights
- Excessive Use of Force
- Failure to Intervene
- Violation of Rights under the Georgia Constitution
- Failure to Train and Supervise
- Violation of First Amendment Free Speech
- Violent Injury or Attempt to Commit Injury
- Gross Negligence
- Negligent Hiring, Training, Supervision and Retention
- Intentional Infliction of Emotional Distress
- Punitive Damages
- Indemnification
The Newtown Florist Club issued a statement Tuesday afternoon regarding the lawsuit.
“After all that we have been through following the death of George Floyd, seeking reform, changes, and improvements in how people are treated when encountering law enforcement, our hope was that we were on a path to progress," Newtown Florist Club Executive Director Rev. Rose Johnson said. "This case shatters that hope. When all the facts are released about what happened to Mr. Greer, we do remain hopeful that justice will prevail for the defendant and that the reforms needed to safeguard the treatment of detainees while in custody in the Hall County Jail will also be improved.”
A copy of the full lawsuit can be viewed here.
