AGENDA ITEM SUMMARY

Consider denial of an ante litem notice, dated February 5, 2016, from attorney Todd Harding on behalf of Carrie M. Watson, who alleges she suffered mental anguish from  her photograph appearing in a Griffin Police Department Press Release. City Attorney Drew Whalen will address.

On 1/9/16, the Griffin Police Department (GPD)  received a report from CVS Pharmacy that someone had picked up a prescription for Percocet on 1/8/16 without authority, by giving false information. The store has a video surveillance system and the store manager agreed to provide the investigator with a photograph of the person that picked up the drugs after store personnel denied knowing her. Apparently, a drivers license had been shown, but no information recorded. GPD issued a press release, which was also published on Facebook. Ms. Watson contacted the investigator to advise the lady pictured was her, but that she had picked up her own prescriptions. It was determined the store had provided the wrong photo.

Denial is recommended. Based upon the facts known at this time, this is a claim for which the City should have Sovereign Immunity from suit and liability and its officers should have Official or Qualified Immunity. No actual malice was involved and the officers acted in reliance on information reported to them. Upon learning of the mistake, the police officers withdrew the press release and had it removed from Facebook.

The City is a member of the Georgia Interlocal Risk Management Agency. GIRMA provides coverage for the City, its officers and employees, and will pay legal liabiiities, up to the stated coverage amounts. The City has a $25,000 per occurrence deductible.