William James Atkins’s Answers

William James Atkins

Atlanta Personal Injury Lawyer.

Contributor Level 9
  1. Can the Cobb County Sheriff's Office be sued for invasion of privacy and unreasonable search?

    Answered about 2 years 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....

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

    Answered over 2 years 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.

  3. 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 2 years 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.

  4. 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 2 years 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...

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

    Answered over 2 years 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...

  6. 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 2 years 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.

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

    Answered over 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...

  8. Is it possible for me to force my ex-company to pay bonus' due me even though I was laid off?

    Answered almost 3 years ago.

    1. Jon David Haskin
    2. Ashley Anne Digiulio
    3. William James Atkins
    3 lawyer answers

    As a general rule in Georgia, you would not be entitled to recover a bonus post termination. However, in a sales context, (1) if the bonus is non-discretionary, i.e. based on pre-set numerical goals not subject to any subjective evaluation by the employer (a commission) and (2) the sale upon which the commission (bonus) is based is completed (the company has received the $) prior to termination, then the commission may be recoverable. If you wish to discuss this matter, please do not...

  9. Treatment of a prisoner

    Answered about 3 years ago.

    1. A James Rockefeller
    2. William James Atkins
    2 lawyer answers

    Claims of maltreatment in the prison context are typically evaluated under the 8th Amendment's "cruel and unusual punishment clause." Certain claims are also subject to the Prison Litigation Reform Act. In either instance, relief is typically sought in Federal court as the claims will involve federal law. As to your two issues, I would be very surprised if any Court were to conclude that feeding inmates twice a day on weekends somehow violated their constitutional rights. Unless you could...

  10. A friend of mine was arrested and charged with "violation of oath of office", yes, he was a detention officer.

    Answered over 3 years ago.

    1. David Edward Boyle
    2. William James Atkins
    3. A James Rockefeller
    3 lawyer answers

    The fact pattern you describe raises a number of serious issues. Typically, officers questioned about such incidents must answer questions or face termination. However, their statements cannot be used in a subsequent criminal proceeding. (Garrity v. New Jersey). If your friend was aware that a fellow officer was violating the inmates' civil rights and failed to intervene, your friend can also be held responsible. A violation of oath of office charge is very serious as it carries a maximum...