GRIER v. PRIMUS et al

On May 23, 2023, Mary Grier (“Plaintiff”), represented by Eric J. Hertz and Jeffrey E. Gewirtz of Eric J. Hertz, PC, filed a civil action lawsuit against Lieutenant Marlin Primus and Sheriff Tomlyn Primus (collectively, “Defendants”), seeking compensatory and punitive damages for alleged violations of the Americans with Disability Act (“ADA”) and Rehabilitation Act. This case was filed in the U.S. District Court for the Middle District of Georgia, with Judge Marc T. Treadwell presiding. 

In the complaint, the plaintiff alleged, “This is a civil action pursuant to 42 U.S.C. § 1983 to redress deprivations under color of law of Brianna Grier’s clearly established civil rights secured by the Fourth, Eighth, and Fourteenth Amendments to the United States Constitution and pursuant to Georgia’s Wrongful Death Act, O.C.G.A. § 51-4-2, which establishes a claim for ‘the full value of the life of the decedent.’”

Plaintiff also alleged, “On July 15, 2022, soon after midnight, Hancock County Sheriff’s Officers Lieutenant MARLIN PRIMUS and Deputy Timothy Legette (sometimes referred to hereinafter as ‘Officers’ and or ‘State Actors’) used unreasonable and ultimately deadly force against Brianna Grier during a ‘mental health’ response, causing her death.”

The plaintiff then alleged, “As shown by the Officers’ body-worn camera recordings, when the Officers used force against Ms. Grier, she was handcuffed, was wearing shorts, a t-shirt, and no shoes, she weighed 115 lbs., had no weapon, and obviously posed no threat to the safety of the Officers or anyone else was not fleeing, the scene was secure, and there was no reason to rush the circumstances rather than call for and or await medical assistance.”

The plaintiff further alleged that “Lieutenant PRIMUS and Deputy Legette falsely arrested Brianna Grier, refused and failed to connect Grier with medical assistance, used unnecessary, unreasonable force in handcuffing Grier, picked Grier up and dropped Grier onto her head and on the ground multiple times, threw Grier into a patrol-car without protecting her head which foreseeably injured her, did not seatbelt or secure Grier in the backseat, left the back passenger door open, and then gave Grier a ‘rough- ride’ resulting in Grier’s ejection from a moving patrol-car out of the open back passenger door. Afterward, Lieutenant PRIMUS and Deputy Legette falsely denied that the passenger back door was left open and dishonestly blamed Grier for kicking the door open and jumping out.” 

Plaintiff presented twenty-two claims for relief, including alleged general 42 U.S.C. 1983 claims, state created danger and special relationship under 42 U.S.C. 1983, excessive force in violation of the Fourth Amendment to the U.S. Constitution, violation of the Eighth Amendment to the U.S. Constitution, cruel and unusual punishment, and municipal claims against the Office of the Sheriff and Sheriff Primus for violation of the Fourth Amendment.

In the prayer for relief, the plaintiff requested an award for compensatory and punitive damages against all Defendants.

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