A U.S. District Court judge ruled last week in favor of Hall County Sheriff’s Office deputy in a case alleging excessive force in a 2012 arrest.
Danny Bagwell brought the case against the Hall County Sheriff’s Office in 2014, alleging he was “slammed to the ground” during a July 21, 2012, arrest at the Georgianna Motel on Atlanta Highway.
Attempts to reach county attorney Bill Blalock and Bagwell’s attorney, Jordan Johnson, were unsuccessful.
According to the judge’s order, Long ran a check on Bagwell’s tag from a truck parked outside of his room and “learned that (Bagwell) did in fact have a warrant out for his arrest for the violation of the terms of his probation.”
Long and the sheriff’s office claimed Bagwell broke Long’s gun holster off his belt in a fight inside the motel room.
Bagwell filed in his complaint that his rights against an unreasonable search, excessive force and a denial of medical care had been violated.
A term of Bagwell’s probation included a waiver of his Fourth Amendment right against unreasonable searches and seizures, according to court filings.
“Because there is no dispute that the search was authorized by a condition of probation, the only question is whether (Long) had a reasonable suspicion to search (Bagwell’s) motel room,” according to the judge’s order, which the judge added was present.
The judge also denied Bagwell’s excessive force assertion because of the fight that “caused (Long’s) gun to break free from its holster.”
“Not only was it unclear that any injury required the immediate attention of a doctor, but any denial of medical care in this case amounted to a mere delay in care,” the judge wrote. “(Bagwell) was provided with immediate medical attention from the paramedic who arrived on the scene.”
The judgment allowed Long to recover costs, and the action was dismissed.