Macon Mother Files Federal Injury Lawsuit Against Georgia Police Officer

A Macon, Georgia woman and her young son have filed a federal injury lawsuit against a Georgia police officer because, according to the mother, her son’s constitutional rights were violated.

In January 2013, according to the federal injury lawsuit, 8-year-old Ethan Devon Martin was reportedly throwing pine cones at Officer Justin Fox’s pet dog. The Martins and Fox lived in the same apartment complex, and Fox’s girlfriend reportedly called him about the incident, which he said made him think the child was committing an act of animal cruelty. Enraged, Fox stormed into the Martins’ apartment, while still on duty, and handcuffed Ethan. Fox threatened to arrest the child on animal cruelty charges.

After handcuffing and threatening the child, Fox reportedly returned to work.

Fox “gives him a little bit of shock and awe as only police officers can do — it was all together unnecessary to put him in handcuffs,” the plaintiffs’ attorney said in a statement about the federal injury lawsuit.

“Being a police officer is a sacred trust and when you abuse that trust by terrorizing a mother and a child that way is almost an act of cowardice,” he added.

Fox admitted to handcuffing the child in March 2013, and resigned from the police department after a disciplinary board recommended his termination. The incident was not his first disciplinary hearing, according to the Atlanta, Georgia police department. Most of his citation were for incidents of “poor courtesy.”

The Martins say in their part of the federal injury lawsuit that Ethan was out riding a small scooter when he spotted the dog and began throwing pine cones to get its attention. The child had no intention of harming the dog.

Demetrice Martin contends that the incident was not only a violation of the family’s constitutional rights, but that the incident caused “great mental distress” for both her and her son.

Federal Injury Claims in Georgia

If you have experienced mental or emotional anguish, or physical injury, due to another’s negligence, abuse, or assault, you may have a personal injury case. Some personal injury cases can be filed in federal court if they are serious enough, and violate constitutional liberties or federal law.

Although one might not think that mental anguish is something that will be addressed or compensated in a civil action, this is not so. Monetary damages may be awarded for a nursing home resident’s (or his or her survivor’s) pain, suffering, disfigurement, and impaired enjoyment of life. Damages awarded for the pain someone suffers can be for both physical and mental pain.

Mental suffering for which one may recover damages can include the following:

• Fear of the consequences of an injury while awaiting help;
• Fear experienced in the period between realizing an incident likely to cause injury was going to occur and the time of occurrence;
• Fear experienced after an injury about what else could have happened;
• Anxiety about one’s physical health and future well-being;
• Fear of the need for future surgery as a result of one’s injuries;
• Fear of increased vulnerability to future injury;
• Post-traumatic stress disorder.

The Strom Law Firm Can Help with Federal Injury Cases in Georgia

The attorneys and support staff at the Strom Law Firm, LLC, have experience dealing with incidents and can help ensure you receive fair compensation for all your injuries, current and future. Whether you have been physically injured and need financial help with ongoing medical bills, or your constitutional rights have been violated, the Strom Law Firm in Georgia can help with personal and federal injury cases. We offer free, confidential consultations to discuss the facts of your case, so contact us today. (912) 264-6465