William James Atkins’s Answers

William James Atkins

Atlanta Personal Injury Lawyer.

Contributor Level 9
  1. How long do I have to file a tort claim in Georgia against a government employee?

    Answered 11 months ago.

    1. Robert G. Rothstein
    2. Christian K. Lassen II
    3. Blake Jelks Smith
    4. William James Atkins
    5. Jeffrey Scott Kowalski
    5 lawyer answers

    The time limitations depend upon the nature of the claim and the public entity that employed this person. As a general rule, a tort claim under state law against a govt employee is subject to a two year statue of limitations. That is also true of most ( but not all) federal claims in the civil rights context. (Employment discrimination claims are excluded from this response). If you intend to sue a city, county or state govt, as well as e individual, you must file an Ante Litem notice within...

    2 lawyers agreed with this answer

  2. How do I Report a Georgia State Patrol or how should I handle this situation

    Answered over 1 year ago.

    1. William James Atkins
    1 lawyer answer

    Go to the Georgia State Patrol website. Locate the Post closest to the area where you were stopped (that is likely where he works). There will be an address and a telephone number for that POST. Call the number and confirm that he works there. Then send a written complaint in to the POST commander. Good luck to you. This sounds like an unfortunate situation. I would observe, however, that if your registration was expired he can lawfully have your vehicle towed as it is illegal to drive a...

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  3. How can I find a lawyer who will take my case against Wal-Mart?

    Answered about 2 years ago.

    1. Christian K. Lassen II
    2. Marc Sean Hurd
    3. William James Atkins
    3 lawyer answers

    Unfortunately, your situation is all too common, particularly at places like Walmart. As my firm handles employment matters, I will try to give you some general information that may help you when you contact an attorney. As a general rule, there is no claim in Georgia for "wrongful termination." Your only real remedy is to pursue a claim under Federal anti-discrimination or retaliation laws. To do so, you must first file an EEOC Charge of Discrimination within 180 days, measured from the...

    1 lawyer agreed with this answer

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  4. I was illegally arrested and incarcerated for 48 days in 2007 in the gwinnett county jail in Lawrenceville Georgia. can I sue

    Answered 5 months ago.

    1. Lindsey Jordan Share
    2. James Lawrence Yeargan Jr.
    3. Jennifer M. Daniels
    4. William James Atkins
    5. Rixon Charles Rafter III
    5 lawyer answers

    I have handled a number of cases similar to the one you describe. If this occurred in 2007, it is virtually certain that you have missed the statute of limitations to bring a cause of action under either State or Federal law. Often, the judicial system contracts with a private company to offer probation services if the underlying matter was a misdemeanor. You had 2 years to file a lawsuit against that company. If the underlying matter involved a felony, probation is run through the State...

    1 lawyer agreed with this answer

  5. I was in an accident and suffered a fractured rib and kidney injury. My husband suffered shoulder injuries.

    Answered 7 months ago.

    1. Thomas Andrew Miller
    2. Jonathan P. Sexton
    3. T. Michael Flinn
    4. Noah Howard Pines
    5. Jarome Emile Gautreaux
    6. ···
    24 lawyer answers

    No it is not true. Your friend is confusing liability coverage (the driver who hit you) with Underinsured/Uninsured motorist coverage that you should carry on your insurance policy. Check your policy and see what your UM limits are. You will then need to check with your insurer (have them send you a document) as to whether you "waived" stacking of your motor vehicles on your insurance. If you did, then you are limited to the UM coverage you had on the car that you were driving. If you...

    1 lawyer agreed with this answer

  6. What evidence must a police officer have to arrest a employee accused of theft by his supervisor?

    Answered about 1 year ago.

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

    The discrimination case (absent something you haven't mentioned) is not the way to go at all. You may have a good false arrest claim against your employer and, possibly, the officer. Those claims depend upon having the criminal charges dismissed. If you do a pre trial diversion program, or anything like that, you will have no claim. You should contact our firm immediately. We would be happy to discuss your case with you. We have had a great deal of success bringing these claims in Georgia.

    1 lawyer agreed with this answer

  7. Can I sue the university police

    Answered about 1 year ago.

    1. Donald F. Hawbaker
    2. Scott Benjamin Riddle
    3. Jesse Cole Kent
    4. William James Atkins
    4 lawyer answers

    I disagree (respectfully) with the responses you have received. The circumstances you have described may give rise to a civil rights claim for false arrest under federal law and/or state law, depending on wether you were attending a private university or a public one. The standard for swearing out an arrest warrant is probable cause. LEO had access to your criminal history, so they should have known whether you were convicted of a felony. It is a separate crime to carry a weapon on school...

    1 lawyer agreed with this answer

  8. Does a school teacher have immunity if she violates a school policy and causes severe harm to a student

    Answered over 1 year ago.

    1. Matthew Chase Swanson
    2. William James Atkins
    3. Elmer H. Young III
    4. Janina Dawn Botchis
    5. Timothy Leo Bowden
    5 lawyer answers

    Your question does not offer enough detail for a definitive answer. However, I can offer some sense of how immunity works for school teachers in Georgia. Under Georgia law, public officials (including teachers) are generally entitled to "official immunity" for negligent acts committed during the course and scope of their employment, unless the act (or omission) was ministerial in nature. For example, in a recent Georgia Supreme Court case, a school employee at the front desk allowed a...

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

    1. William James Atkins
    2. Jonathan P. Sexton
    2 lawyer answers

    I had a little trouble following your post here. There are several things you should be aware of that apply to police power to execute a "no knock" search warrant or arrest warrant. First, the police must have a separate search warrant issued by a magistrate and supported by probable cause to enter the home of a third party for the purpose of executing an arrest warrant on a person who is not an owner/resident of that home. If your baby's father did not reside in the home (or the police did...

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  10. My rites having been detained under Shopkeeper's privilege.

    Answered about 2 years ago.

    1. William James Atkins
    1 lawyer answer

    If the initial detention was improper - that is, you paid for your items and he had not reasonable basis to suspect that you were shoplifting, the detention is illegal and actionable. The length of time, intrusiveness of the search, etc. are relevant to your damages. The claim, in this instance, would likely be for False Imprisonment. These claims can be worth pursuing, particularly against a company like Walmart. But it is only a claim if you did nothing at all wrong to justify the...

    1 lawyer agreed with this answer