William James Atkins’s Answers

William James Atkins

Atlanta Personal Injury Lawyer.

Contributor Level 9
  1. Can i sue? what kinda of attorney do i need?

    Answered about 1 year ago.

    1. Scott Benjamin Riddle
    2. William James Atkins
    3. Torin D. Togut
    3 lawyer answers

    I respectfully disagree with the prior post. The nature and extent of any claim depends upon the entity involved. So, for example, if the Gwinnett PD did this, your claims would be thought to pursue at all because there is no basis for a successful negligence claim against a county. On e othe hand, I'd the City of Lawrenceville PD did this, you maybe able to bring a claim under state law, provided that you file an ante Litem notice within 6 months of the incident. With that said, if ou signed...

  2. Is it legal for patrol officers to sit at exit ramps at night sideways, with takedown lights, alley lights, spot lights on?

    Answered over 1 year ago.

    1. Jesse Cole Kent
    2. William James Atkins
    2 lawyer answers

    The officer must have reasonable suspicion to believe you have committed a crime, (includes traffic offenses) to pull you over. That is a very low standard. He cannot prolong the traffic stop any longer than necessary to investigate the traffic offense. Without more information, I cannot tell you whether you have a civil rights claim. At a minimum, ou should report the officer to the internal affairs division of is department.

  3. What is the sentence for simple Battery - Family Violence (Misdemeanor) and alsoGiving False Name, Address or Birthdate to a Law

    Answered over 1 year ago.

    1. Noah Howard Pines
    2. Allen Rust Knox
    3. William James Atkins
    3 lawyer answers

    As Noah Pines noted, the actual sentence will vary based on jurisdiction, specific facts of the crime, prior criminal history (especially if it involves the same victim), etc. As both offenses are classified as misdemeanors under Georgia law, the maximum sentence for each offense would be 12 months in custody (county jail, not state prison) and $1,000 fine.

  4. Can the Cobb County Sheriff's Office be sued for invasion of privacy and unreasonable search?

    Answered over 1 year ago.

    1. Scott Benjamin Riddle
    2. John Arnold Steakley
    3. William James Atkins
    3 lawyer answers

    Your question raises potential civil rights issues related to the scope of the warrant. Without reviewing the language of the warrant itself, it is nearly impossible to offer an informed response. As a general rule, if the search exceeded the scope of the warrant (as set forth in the Affidavit), the search may violate the 4th Amendment. If you can establish a violation of the 4th Amendment (either as described above, or in some other manner) you may have a viable claim under Federal law....

  5. Can I sue Douglas Police Department in Douglas, Georgia?

    Answered over 1 year ago.

    1. William James Atkins
    2. William J Lasko
    2 lawyer answers

    "Beating" the charge doesn't get you anywhere. The issue is whether the officers responsible for your arrest did not have probable cause to seek an arrest warrant. In fact, the practical standard is slightly lower because, in order to overcome qualified immunity, you must establish the absence of arguable probable cause. Our firm specializes in civil rights matters. If yu wish to discuss this matter further, please call our office.

  6. I want to sue Cobb county and got the facts and is a winnable case against them and some of the police officers. Please read

    Answered over 1 year ago.

    1. William Julian Smith
    2. William James Atkins
    3. Matthew E. Wright
    3 lawyer answers

    The ADA does protect employees who have been subjected to discrimination or retaliation by their employer. However, the ADA's protections do not end there. The ADA also requires equal access to government facilities, including police vehicles and jail facilities. But your question is far too cryptic to help me understand what your issues are. If you care to give a more detailed summary of your situation, I may be able to assist you.

  7. Is it obstuction when on my property for not wanting give my name and askin why they need my name and what reasonable suspicion

    Answered over 1 year ago.

    1. William James Atkins
    1 lawyer answer

    Unfortunately, this situation is not uncommon. Very few police officers understand the scope of the 4th Amendment when serving an arrest warrant. I am going to assume that the person they were looking for does not normally reside at your home. If that is the case, law enforcement cannot enter the home of a third party to search for the subject of an arrest warrant unless they have secured a search warrant for the residence, receive consent from the home owner, or have exigent circumstances...

  8. What information should I give and to whom regarding the following mistreatment of an inmate in state prison by prison staff?

    Answered over 1 year ago.

    1. William James Atkins
    2. Bart Charles Craytor
    3. Kevin D. Etherington
    3 lawyer answers

    The remedies available to the inmate depend on whether he is a State prisoner serving a sentence or a pre-trial detainee awaiting trial in a local jail. From your post, it appears that the inmate is a State prisoner and is thus subject to the Federal Prison Litigation Reform Act. We do not typically get involved in cases involving FPLRA as it places significant limitations on the client's ability to recover damages for his claims. Nevertheless, the State has constitutional obligation to...

  9. Is this legal and what can happen? A little over a month ago the police and some people dressed up in green bused down my moms

    Answered over 1 year ago.

    1. William James Atkins
    1 lawyer answer

    I believe this is part of another post and I already provided a response to that post. Please consider calling our office to discuss your criminal and potential civil rights matter.

  10. Is this a violation of ferpa and if so, can I file a lawsuit for this violation?

    Answered almost 2 years ago.

    1. William James Atkins
    2. Christine C McCall
    2 lawyer answers

    I am sorry that your professor embarrassed you. However, there is certainly no basis for filing a federal law suit. I would suggest speaking to your professor after class. Express your concerns and ask her to stop doing it. If she does it again, go to the Dean of Students and express your concerns. I would observe that - in my own experience - professors in college and certainly in law school have no hesitation in embarrassing a student who is not prepared for class. I'm not sure I...