AGENDA ITEM SUMMARY

Consider denial of Ante Litem Notice, received December 18, 2015, from attorney LaQuetta S. Pearson, on behalf of Ms. Vaura Henley, 828 Ray Street, Griffin, Georgia, for alleged physical and mental anguish incurred on July 11, 2015 at approximately 2:30 p.m. when officers of the Griffin Police Department mistakenly served an "no knock" search warrant at her residence. City Attorney Drew Whalen will address.

The residence at 826/828 Ray Street is a duplex. A confidential informant made a controlled buy of Cocaine from the residents at 826, which was monitored by officers of the Special Response Team. After the buy, unit supervisors met with the informant and had her sketch the house to show the side the sellers lived on. They also verified the location through Spalding County tax records and City utility records to ascertain the correct address. A "no knock" search warrant was obtained from the Spalding County Magistrate Court.

At the time of executing the warrant, officers entered through the unlocked door of the unit designated by the informant. As the Supervisor was following the other officers into the unit, he noticed the house numbers written on the wall beside the window, which were unobservable from the street. The officers had entered the unit at 828. A female occupant was briefly detained at gunpoint, but never handcuffed, and the Supervisor cleared up the confusion. Officers were immediately withdrawn from the unit, with the Supervisor's apology.

Denial of the Claim is recommended as the female claimant was not physically harmed and no property damage resulted. The mistake was caught quickly before officer undertook to search the house. Georgia law provides no action for Mental Anguish in the absence of physical injury.

This claim has been turned over to GIRMA for investigation and adjustment, if warrranted, subject to the City's "per claim" deductible of $25,000 per occurrence. Maximum liability coverage per occurrence is $1,000.000.00.