About Dawson County news. (Dawsonville, Georgia) 2015-current | View Entire Issue (June 29, 2022)
2A I DAWSON COUNTY NEWS I dawsonnews.com Wednesday, June 29,2022 Defense responds in lawsuit filed against DCSO personnel By Julia Fechter jfechter@dawsonnews.com An attorney has now responded to the multimil- lion-dollar lawsuit accus ing several Dawson County Sheriffs Office personnel of allegedly violating 18-year- old Jonathan Sanford’s civil rights after he was found deceased at the agency’s jail on June 2,2020, following his arrest on a narcotics and DUI charge. The plaintiffs’ attorney and the legal firm for the defendants, Jarrard and Davis, both had no comment about the lawsuit. Dawson County Sheriff Jeff Johnson is named as a defendant, along with two jail supervi sors and six other deputies. The litigation, filed in Gainesville’s U.S. District Court for the Northern Dis trict of Georgia on the basis of the defendants allegedly violating the teen’s civil rights under the Eighth and Fourteenth Amendments of the U.S. Constitution and state and federal law. It follows an independent investigation by the Georgia Bureau of Inves tigation, which deemed San ford’s death accidental, and one by the family’s attorneys. The defendants are accused of negligence, hav ing or providing insufficient training to recognize and respond to medical emer gencies and failing to enforce related policies. Deputies allegedly ignored various signs of Sanford’s intoxication, such as slurred speech, swaying on his feet and profuse sweating. The deputy conducting Sanford’s traffic stop suppos edly left blank answers on a required pre-booking form about whether the teen was under the influence of alco hol or drugs or had suicidal tendencies or any known medical conditions. Defense's response In the June 17 filings, attor ney Kenneth P. Robin of Jarrard and Davis began by asserting several underlying arguments including quali fied and discretionary act immunity defenses. Essen tially, the lawyer asserted that the defendants did not negligently perform any clearly dictated duty or vio late any clearly established federal right but rather used reasonable judgment within the scope of their roles with out the intent to cause injury or harm. The defendants, labeled singularly as ‘the defendant,’ breached no duty to the plaintiffs or to Sanford, who’s referred to as the decedent. The answer document also denied the defendants’ par ticipation in circumstances that would allegedly violate Sanford’s rights and stated they “didn’t act with delib erate indifference to [the] decedent’s medical needs.” It also stated there was not a “causal connection between any actions or omissions by the defendants and any con stitutional deprivation.” “While this Defendant denies that he engaged in any negligent acts or omis sions with respect to Plain tiffs’ decedent, he asserts the defense that he may not be liable under 42 U.S.C. 1983 for acts or omissions which amount to mere negligence,” the answer stated. The legal document went on to state that the DCSO personnel did not make, pro mote or enforce any policy or practice that would vio late the Sanford’s state and federal rights or “rights pre mised on deliberate indif ference to serious medical needs.” Dawson BOC tables rezoning request for 113 townhomes By Julia Fechter jfechter@dawsonnews.com During their June 16 meet ing, the Dawson County Board of Commissioners voted to table a rezone of 18.9 acres for a 113-unit rental development at Beartooth Parkway and Dawson Vil lage Way until July 7. The commissioners wanted more time to con firm stipulations to which the developer agreed on moving a planned trash receptacle, slightly increasing drive way length and no on-street parking. “I would like to look into the 21 vs 25 feet [length], because we’ve always pushed for a minimum throat depth of 25 [feet],” said District 4 Commissioner and BOC Vice Chair Emory Dooley. Wisconsin-based devel oper Continental Properties has requested for the land to be rezoned from Com mercial Highway Business to Residential Multi-Family to build 133 “Avanterra” duplex and triplex units at a density of six units per acre. During her presenta tion to the commissioners, Senior Director of Develop ment Services Sara John son explained Continental’s decision to build residences in Dawson County by point ing to her company’s other Georgia locations in McDonough, Newnan and Cartersville. She also shared some of Continental’s market research metrics, elaborat ing that over the past three years, demand has “signifi cantly outpaced supply” in the Dawson County area. “The occupancy rate in this submarket right now is at 97.6 percent, and that indicates to us the need for additional housing in the area,” she said. If approved, Avanterra Dawson’s duplex and triplex homes would have between one and four bedrooms and cost about $l,800-$2,600 in base rent. Amenities would include a clubhouse, swim ming pool, grilling area and deck, 24/7 fitness center, pet playground, smart home technology, valet trash and a select number of enclosed yards. The subdivision would entail a single lot with fully- rental residences, and Con tinental would manage it in-house. Concept plans show access points coming off of Ga. 53 and Beartooth Park way, with a right-in, right-out entrance on the property’s side bordering Ga. 400, for four accesses total. Bryan Young, a former public works project man ager for the county, also spoke on behalf of Conti nental, explaining that the developer did not conduct a traffic study since its neigh bor, Manor Lake Assisted Living and Memory case, does not have a deceleration or similar lane. He pointed out that Beartooth Parkway has a posted 20 mph speed limit, and according to the coun ty’s subdivision regulations, 25 mph is the threshold for decel lane. “With all of the multiple points of access going out in all different directions, we feel like traffic can disperse evenly throughout multiple high points throughout the day,” Young said. As for the driveways issue, Johnson mentioned that they did adjust the plan from the application’s initial submittal so that all residents’ cars would be in driveways away from the right of way. Last month, the Plan ning Commission unani mously voted to recommend approval of the rezone, with the stipulation that the developer have 25 feet between the face of each garage to the curb of the sidewalk. Johnson presented slides showing that 21 feet would be enough for the parking apron stalls, clarifying that it’d be 21 to the front of the sidewalk and five more feet before the street or curb. District 2 Commissioner Chris Gaines discussed the county’s desire to have incoming developers improve local connectivity or walkability with side walks. There isn’t currently a sidewalk along Beartooth Parkway now, he said. “We as a government can’t afford to put sidewalks over there, so anybody that brings an impact into the area, we’d respectively ask that they’d contribute to that,” Gaines said. District 3 Commissioner Tim Satterfield pointed out how a similar approach had been taken in the areas where Publix, Kroger and similar businesses along Ga. 400 stand. Johnson mentioned Con tinental’s existing plans for sidewalks within the devel opment and said that as far as a sidewalk on Beartooth, they’d need to consider the impact to proximate wet land but that they’re “not opposed to it.” Will Creekmore, whose company owns Manor Lake, said that his company isn’t opposed to Continental’s planned development but cautioned that based on the current site plan, he took issue with the trash enclosure’s planned loca tion on the west side of the development. Manor Lake Develop ment LLC recently pur chased an additional acre with the vision of adding 10 more units to their com munity. That expansion has already been approved. He said that residents who would pay between $3,800 and $4,000 a month would likely have an issue with a dumpster behind their homes. Creekmore clarified that he’s already working with Continental on a sewer ease ment and reiterated his hope that the latter’s site plan could be reworked. Johnson later said that moving the trash recept- able’s location should not be a problem and that screen ing and landscaping could also be implemented if SeeBOC|7A OBITUARIES John "Buck" William Carlisle, Sr. John “Buck” William Carlisle, Sr., 78, of Dawsonville, died Monday, June 20, 2022. A funeral service was held at 11:00 a.m., Thursday, June 23, at Liberty Baptist Church in Dawsonville. Bearden Funeral Home of Dawsonville was in charge of the arrangements. Dawson County News June 29, 2022 Judy Mae Roper Judy Mae Roper, 78, of Cumming, died Wednesday, June 22, 2022. A funeral service was held at 2:00 p.m., Saturday, June 25, at Bearden Funeral Home Chapel. Bearden Funeral Home of Dawsonville was in charge of the arrangements. Dawson County News June 29, 2022 It’s specifically denied that the plaintiffs’ description of DCSO Standard Operating Procedures, defendant Kirby or Lingerfelt’s emails, memo or forms speak for them selves in terms of “content, context, or meaning.” The document stated that the plaintiffs’ claims for inju ries and damages are barred in whole or in part since San ford was “contributorily or comparatively negligent and/or assumed the risk of events alleged in the com plaint” and his actions or activities which contributed “in whole or in part to Plain tiff’s alleged injuries and damages.” “Plaintiffs’ decedent’s alleged injuries, damages, and death were directly and proximately caused by Plaintiffs’ decedent’s own acts or omissions and failure to exercise ordinary care,” the document stated. Therefore, the document reasoned that the defen dants could not be held liable. 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