The Atlanta City Council has approved a $3.8 million legal settlement with the family of an elderly church deacon who died in police custody last year following a minor car crash.
A federal lawsuit filed in January accused the city of Atlanta, Police Chief Darin Schierbaum, and former Officer Kiran Kimbrough of violating Johnny Hollman’s civil rights during an arrest that turned fatal last August.
Both Hollman and Kimbrough were Black, and the family’s claim did not allege racial discrimination.
The lawsuit, filed in the U.S. District Court for the Northern District of Georgia on Jan. 18, claimed Kimbrough used excessive force when he stunned Hollman with a Taser, “resulting in his death.”
Councilmembers unanimously approved the settlement on May 6 after a brief executive session.
Hollman died Aug. 10 after he was involved in a car crash in Southwest Atlanta, but it wasn’t the accident that killed him.
Hollman lost consciousness after he was stunned, tackled to the ground, and handcuffed by Officer Kimbrough when the 62-year-old man refused to sign a traffic ticket.
The deadly encounter was captured on police bodycam footage, which was released last November, showing Kimbrough turning aggressive toward Hollman.
The incident began after Kimbrough responded to the intersection of Cunningham Place and Joseph E. Lowery Blvd., where Hollman got into a minor accident on his way home from Bible study at Lively Stones of God Ministries.
An argument erupted after the officer found Hollman at fault and issued a citation.
However, Hollman insisted he was not to blame for the accident and delayed signing the ticket before demanding to speak to Kimbrough’s supervisor.
“Who are you screaming at?” Kimbrough said in the video, obtained by Atlanta Black Star. “I told you once, lower your voice. You’re not going to scream at me. Do you understand what I’m telling you? Now, you’re going to sign this ticket, or I’m going to take you to jail.”
Hollman called his daughter for help as Kimbrough began pulling the man’s arm, repeatedly demanding, “Sign the ticket.”
During the dispute, Hollman can be heard complying with the officer’s commands, saying, “Okay. I’m going to sign the ticket.”
But by then, the officer’s actions escalated, leading to Hollman being shoved to the ground and Kimbrough threatening to stun him with a Taser.
During the struggle, the officer pinned Hollman to the ground, where the old man repeated, “I can’t breathe,” before he became unresponsive.
The family’s lawsuit cited violations of the Fourth Amendment through the use of excessive force and argued that Hollman’s First Amendment rights were also violated through the retaliatory actions of the officer.
Further, the legal action claimed Kimbrough neglected to provide Hollman with medical care after the man was injured by the officer’s physical restraint, resulting in his “wrongful death.”
Kimbrough was fired in November after APD determined he violated department policy by not waiting for a supervisor to reach the scene before arresting Hollman. The Georgia Bureau of Investigation completed its investigation into the incident last fall and handed off the results to the office of Fulton County District Attorney Fani Willis, who has yet to make a determination about whether Kimbrough will face criminal charges.
Attorneys for the Hollman family expressed satisfaction with the settlement and commended Hollman’s children for their unwavering efforts to seek justice after his death.
The lawyers, Harold Spence and Mawuli Davis, also noted that the incident involving Hollman resulted in two significant policy changes that will ensure the man’s death was not in vain.
First, Atlanta PD reversed its standard procedure that allowed drivers to be arrested for refusing to sign traffic tickets.
After the incident involving Hollman, officers are now required to take a common-sense approach, and write “refusal to sign” on the ticket.
“No citizen will ever again be arrested for an alleged refusal to sign a traffic citation,” Spence told The Atlanta Journal-Constitution after the City Council approved the settlement. “That’s a change that will affect countless individuals.”
The Fulton County District Attorney’s Office also revised its policy regarding the release of officers’ body-worn camera footage in cases involving use of force, allowing video to be released immediately after all witnesses have been interviewed, according to Davis.
Both attorneys recognized that the city of Atlanta ultimately acted appropriately in addressing the family’s continuing grief over Hollman’s untimely death at the hands of the police.
“We recognize this, not just as a victory for their family, but really an acknowledgment of the importance of community in these fights for justice,” Davis told the AJC.
Atlanta Mayor Andre Dickens said that in addition to the policy changes, the city plans to introduce a new policing initiative called CARES. This initiative will allow civilian units to respond to minor traffic offenses, accidents, and incidents of theft, helping regular officers focus on more serious crimes.
“My thoughts remain with the Hollman family, and while nothing can undo what has been done, my priority was to get this family as close to full closure from this unfortunate tragedy as soon as possible,” Dickens said, according to WSB-TV.
Despite the settlement, Davis stated that the Hollman family would continue to pursue criminal charges against “those responsible” for Hollman’s death.
In December 2023, the Hollman family also filed a separate lawsuit against the tow truck driver who arrived at the scene and helped the officer arrest Hollman by sitting on the man’s head and neck “with his full body weight,” according to the action.
The civil action, filed in the State Court of DeKalb County, seeks punitive damages from Eric Robinson and his employer, S&W Services of Atlanta Inc., which has a contract with the city to handle car accidents.
