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Badge & Bar: Hall hopes to dismiss excessive force lawsuit
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Hall County’s representation in a civil suit brought by a former Hall County Jail inmate hopes to dismiss the case, saying the county can’t be held liable for a jailer’s actions.

Andronico Pedraza filed suit against Hall County on Dec. 23 related to an incident involving former jailer David Pirkle from Dec. 30, 2012.

Pirkle pleaded guilty in August 2013 to simple battery for striking Pedraza in the back of the head while handcuffed. Pirkle was fired on Jan. 8, 2013.

In the motion, Hall County argues that Pedraza’s claim fails “because the actions of Deputy Pirkle were not caused by a policy which is fairly attributable to the County.”

The county claims Pedraza would have to prove a Hall County policy was the “moving force” behind the constitutional violation.

Pedraza’s complaint stated he had “the right to be free from excessive force and from cruel and unusual punishment under the 14th Amendment.”

The suit asks for compensatory damages related to mental and emotional distress and attorney’s fees.

Motion filed to make plaintiff’s mother the substitute in defamation lawsuit

A motion has been filed to make the mother of a misidentified Gainesville man in a September 2013 arrest the substitute plaintiff in a defamation suit.

Keary Maurice Nicely filed a civil suit on July 17 claiming defamation, invasion of privacy, malicious prosecution and intentional infliction of emotional distress.

He had been falsely identified as his twin brother Kelly Martinez Nicely, who was accused on Sept. 25, 2013, of felony obstruction of officers. The sheriff’s office took almost two months to issue a correction and apology.

Keary Nicely died after the suit was filed.

The plaintiff’s attorneys filed a motion on Jan. 6 to have Keary Nicely’s mother Brenda Nicely, who is currently the representative and administrator of his estate, substituted as the plaintiff.

Nick Watson covers public safety issues for The Times. Share your thoughts, news tips and questions with him:

nwatson@gainesvilletimes.com

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@NickWatsonTimes

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