CNN
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The family of a 62-year-old man who died after an Atlanta police officer tased him during a dispute about a traffic citation has filed a federal civil rights lawsuit against the former officer, the police chief and the city.
The 63-page complaint alleges Johnny Hollman Sr.’s First, Fourth and 14th amendment rights were violated, and that a failure to render medical care, and unlawful use of excessive force led to his wrongful death.
Hollman was a “husband, father, grandfather, great grandfather, church deacon board chair, lay minister, and community leader,” according to the lawsuit.
“When we say that this is a death that didn’t have to happen, it’s true. You’ve seen the video and Deacon Hollman says 13 to 15 times, ‘I can’t breathe. I can’t breathe,’ while the officer is straddling him, physically on top of him,” Harold W. Spence, an attorney for Hollman’s family said during a news conference on Thursday.
On August 10, 2023, former Atlanta Police Officer Kiran Kimbrough responded to a minor car crash involving Hollman and another driver. Kimbrough found Hollman to be at fault. Kimbrough issued him a traffic ticket, and body camera video shows Hollman refusing to sign it, CNN previously reported.
An apparent physical confrontation ensued between the two, with Kimbrough warning Hollman he would end up in jail for refusing to sign. The details of that contact are unclear in the video.
The lawsuit claims that “Deacon Hollman did not explicitly refuse to sign the citation, but in each instance when directed to do so, responded that the collision was not his fault. At most, all that could be said is that Deacon Hollman hesitated in signing the citation.”
The body camera video shows, and the lawsuit highlights, Hollman later agreed to sign the citation. The lawsuit says that Hollman said he was right-handed, and because “Kimbrough was holding his right arm, it was physically impossible for him to sign the ticket.”
During the physical confrontation, a Taser can be heard being fired several times, but it is unclear if or where the Taser made contact with Hollman. Hollman repeats the words “I can’t breathe” at least a dozen times during the interaction, according to the video.
After Hollman is handcuffed, he appears limp. About a minute later, Kimbrough requests medical attention. In the video, Kimbrough can be seen checking Hollman for a pulse, breath and then giving him sternum rubs. More than 10 minutes later, an EMS crew arrives.
“Defendant Kimbrough failed to ensure that Deacon Hollman received prompt and adequate medical care subsequent to the repeated tasings, physical assaults, and encounter-induced breathing problems he complained of and suffered,” alleged the lawsuit.
Hollman’s death was ruled a homicide, according to a medical examiner’s report previously obtained by CNN. The report said his heart rhythm was disrupted because of being stunned by the Taser, but also noted Hollman had high blood pressure and chronic obstructive pulmonary disease, which were contributing factors in his death.
“The fact that the city is not taking accountability for what happened to our father, it’s like a slap in our face every time. Every time we do an interview, every time we march, every time we say his name, it’s just like ripping the band aid off all over again,” his daughter Arnitra Hollman said. “His blood is on the city hands and it’s no way they can wash it off until they give us justice.”
A police investigation found Kimbrough had violated standard operating procedure by not calling a supervisor before proceeding with the arrest when Hollman refused to sign the citation, CNN previously reported. The officer was terminated and is appealing his firing, according to his attorney.
The city later announced citizens would no longer be required to sign citations.
The lawsuit additionally claims a pattern of excessive force by the Atlanta Police Department (APD) and inadequate internal investigations.
“While the chief, the City Council and the mayor’s hand was not on that Taser, their fingerprints are all over it,” family attorney Mawuli Davis said. “They created the culture that allowed this officer to believe that his conduct would go unpunished.”
CNN has reached out for comment from the APD, the Fulton County District Attorney’s Office, and the attorney representing the fired police officer.
Lance LoRusso, Kimbrough’s attorney, previously told CNN that Kimbrough did not break the law in attempting to arrest Hollman and “used force in a manner consistent with his training and Georgia law.”
