Hall County has settled a suit against two sheriff’s deputies, Sg. Kenneth Phillips and Deputy Robert Waters, by Patricia Carder of Flowery Branch, who claimed she was unlawfully arrested in 2021. In doing so, the sheriff’s office posted a lengthy statement on its Facebook page detailing its side of the story along with a section of body cam video from one of the officers while warning that it contains language some might find offensive.
HALL COUNTY SHERIFF’S OFFICE FACEBOOK POST:
๐ฐ๐ ๐๐๐ ๐๐๐๐๐๐ ๐ ๐๐๐, ๐๐๐ ๐๐๐ ๐๐๐๐ ๐๐ ๐๐๐๐๐ ๐๐๐ ๐๐ ๐๐๐๐๐๐๐ ๐๐๐๐๐ ๐ ๐๐๐๐๐๐ ๐๐๐๐๐๐๐๐๐๐ ๐๐ ๐ ๐๐๐๐๐ ๐๐๐๐๐๐๐ ๐๐๐๐๐ ๐ ๐๐๐๐๐๐๐ ๐๐๐ ๐๐๐๐๐ ๐๐ $90,000 ๐๐ ๐ฏ๐๐๐ ๐ช๐๐๐๐๐ ๐๐ ๐๐๐๐๐๐๐๐๐๐ ๐๐ ๐๐๐ ๐๐๐๐๐๐ ๐๐ ๐ฏ๐ช๐บ๐ถ ๐ ๐๐๐๐๐๐๐ ๐๐ ๐บ๐๐๐๐๐๐๐๐ 26, 2021. ๐จ๐ ๐๐๐ ๐๐๐ ๐๐๐ ๐๐ ๐๐๐ ๐๐๐๐๐๐๐๐๐ ๐๐๐๐๐, ๐๐๐ ๐ฏ๐๐๐ ๐ช๐๐๐๐๐ ๐บ๐๐๐๐๐๐โ๐ ๐ถ๐๐๐๐๐ ๐๐๐ ๐๐๐ ๐๐๐๐๐๐๐๐๐ ๐๐ ๐๐๐ ๐๐๐๐๐๐๐๐๐๐ ๐๐ ๐๐๐๐๐๐ ๐๐๐๐๐๐๐๐๐, ๐๐๐ ๐๐ ๐๐๐๐๐๐ ๐๐ ๐๐๐๐ ๐๐๐ ๐๐๐๐๐ ๐๐๐ ๐๐๐๐๐๐๐๐๐๐๐ ๐๐ ๐ ๐๐๐๐๐ ๐๐๐ ๐ ๐๐๐๐๐๐๐ ๐๐ ๐๐๐๐๐. ๐พ๐ ๐๐๐๐๐๐๐๐๐๐ ๐๐๐ ๐๐๐๐๐๐ ๐๐๐ ๐๐๐๐ ๐๐ ๐๐๐๐ ๐๐๐ ๐๐๐๐ ๐๐๐๐๐๐๐๐๐.
๐พ๐ ๐๐๐๐ ๐๐๐๐๐๐ ๐ ๐๐๐๐๐๐๐ ๐๐ ๐๐๐ 39-๐๐๐๐๐๐ ๐๐๐ ๐ ๐๐๐ ๐๐๐ ๐๐ ๐๐๐๐ ๐๐๐ ๐ ๐๐๐ ๐๐ ๐๐๐ ๐๐๐๐๐๐, ๐๐๐๐๐๐๐ ๐๐๐ ๐๐๐๐๐๐๐ ๐๐๐๐๐๐๐ ๐๐๐๐ ๐๐๐ ๐๐๐๐๐๐๐๐ ๐๐๐๐๐ ๐๐๐ ๐๐ ๐๐๐๐๐ ๐๐๐๐ ๐๐๐๐๐๐ ๐. ๐ท๐๐๐๐๐ ๐๐๐๐ ๐๐๐๐ ๐๐๐๐๐ ๐๐ ๐๐๐ ๐๐๐๐๐๐๐๐ ๐๐๐๐๐ ๐๐๐๐๐ ๐๐ ๐๐๐ ๐ฏ๐๐๐ ๐ช๐๐๐๐๐ ๐ฑ๐๐๐, ๐๐๐ ๐๐๐ ๐๐๐๐๐๐๐๐๐๐๐ ๐๐ ๐๐๐ ๐๐๐๐๐๐๐๐ ๐๐ ๐๐ ๐๐๐๐๐๐๐๐๐ ๐๐๐ ๐๐๐๐๐๐๐๐๐๐ ๐๐ ๐๐๐๐๐๐๐. ๐พ๐ ๐๐๐ ๐๐๐๐๐๐๐ ๐๐๐๐๐๐๐๐๐ ๐๐๐ ๐๐๐ ๐๐ ๐๐๐๐๐๐๐ ๐๐๐๐๐ ๐๐๐ ๐ ๐๐๐ ๐๐ ๐๐๐๐๐๐๐; ๐๐ ๐๐๐๐ ๐๐๐๐๐๐๐ ๐๐ ๐๐๐๐๐ ๐๐ ๐๐๐๐๐๐๐๐๐๐๐ ๐๐ ๐๐๐๐๐๐๐๐ ๐๐๐๐๐๐๐ ๐๐๐๐๐๐๐๐๐๐๐๐ ๐๐๐ ๐๐๐๐๐๐๐๐๐ ๐๐ ๐ ๐๐๐๐.
(๐๐๐๐๐: ๐๐๐๐๐๐๐๐ ๐๐๐๐๐๐๐)
๐๐๐๐ ๐ฌ๐ญ๐๐ญ๐๐ฆ๐๐ง๐ญ ๐จ๐ง ๐ฌ๐๐ญ๐ญ๐ฅ๐๐ฆ๐๐ง๐ญ ๐ข๐ง ๐๐๐๐๐ซ๐๐ฅ ๐๐ข๐ฏ๐ข๐ฅ ๐ฅ๐๐ฐ๐ฌ๐ฎ๐ข๐ญ
โAt least during my tenure, it has always been, without exception, the practice of Hall County Government attorneys to consult with me on any civil cases that involve Sheriffโs Office personnel, but that was not the case in this matter,โ said Hall County Sheriff Gerald Couch. โMy understanding is the county attorneys felt a settlement would be more financially expedient, rather than allowing a jury to hear the accusations against our deputies. However, a settlement for any amount can give the inference of unlawful actions or deeds by our deputies, which is not the case in this incident.โ
Deputies have a very difficult job and must often make decisions without the option of hindsight. In some instances, these actions result in civil actions being brought against the deputies and the Sheriffโs Office. This particular incident occurred during the ongoing Covid-19 pandemic, and the plaintiff was refusing to allow her son, an established occupant, to enter the residence. This encounter involved a person claiming to have Covid-19 who hoped to infect HCSO deputies as well. The plaintiff was ultimately arrested for obstruction after she had opened her door for deputies.
โI should point out that all other allegations levied in the 11-count civil suit, which included false imprisonment, malicious arrest, malicious prosecution, battery and trespass, were deemed unfounded. The only allegation in question is whether the deputies arrested the plaintiff inside or outside the threshold of her home,โ said Sheriff Couch. โThe court determined โambiguitiesโ in the body camera footage were enough for a jury to determine the threshold issue. Ultimately, the Sheriffโs Office was not given an opportunity to present the deputiesโ side of the case in court as the County Attorney made an arbitrary decision to settle.โ
When Sheriffโs Office personnel asked the County Attorney about the settlement decision, he explained it was an โeconomic decisionโ to settle the case without conceding any guilt or negligence. He also fully acknowledged his lack of judgement in not including Sheriff Couch in the decision-making process.
โGoing forward, the County Attorney knows to consult me before settling any civil actions involving Sheriffโs Office personnel. In some rare cases, settling a civil matter may be the best course of action. I donโt believe that was appropriate for this case,โ said Sheriff Couch. โThat said, we will use this incident โ and the outcome – as a learning opportunity across the agency.โ”
Click here to access the sheriff’s office Facebook page and the video: (20+) Facebook
(EDITOR’S NOTE: This story will be updated as more information is made available.)