City of Savannah attorneys file motion to dismiss $12 million lawsuit against former officers
Attorneys for former Savannah Police officers, the former Savannah Police chief and the City of Savannah have filed a motion to dismiss the $12 million lawsuit filed against them by family members of William Harvey, who hanged himself in a Savannah Police Department interrogation room two years ago.
Named in the federal suit are former Savannah Police chief Roy Minter, former SPD officer Silver Leuschner, former SPD supervising sergeant Michael Kerr, and SPD officer Matthew White.
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In the motion to dismiss, filed May 22, attorneys claim that the police officers enjoy immunity from prosecution. Qualified immunity protects government officials, such as police officers, from civil liability while performing discretionary duties. The attorneys also claim the Harvey family failed to allege a claim for punitive damages against the City of Savannah.
The motion to dismiss, filed by Taylor Dove of Hunter Maclean and City attorney Bates Lovett, claims the Harvey family’s lawsuit is based upon inaccuracies regarding the general timeline of events leading to Harvey's death, alleged misquotes of Harvey during his detainment, and Harvey’s actions in the interview room.
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The new court filing calls into question the timeline of events that led to Harvey’s death once Savannah Police arrested him on suspicion of aggravated assaulted on April 2, 2021.
Dove and Lovett claim that Harvey was taken to the Savannah Police interview by then-Savannah Police officer Rhodheem Greene, not Leuschner as the Harvey family claims in their complaint.
“While Defendant Leuschner did leave the interview room twice, the first time she left was to quickly obtain paperwork needed to conduct the interview. During this time, Leuschner’s body camera remained active, and she did not speak with any other SPD employees. Defendant Leuschner later left the interview room a second time to investigate potential evidence corroborating Mr. Harvey’s claim of self defense. After leaving the room, Leuschner closed the door, turned her body camera off, and told the two patrol officers, Defendant White and Officer Greene, sitting outside of the room to watch Mr. Harvey.”
Instead of threatening to kill himself, as the Harvey family alleges, the city's attorneys claim that Harvey actually stated that he would “stand on myself and defend myself.”
“Finally, Plaintiffs also incorrectly allege that Mr. Harvey “forcefully bang[s] his head on the table in the interview room. However, the body cam footage shows that no attempt was made by Harvey to bang his head on the table or inflict any other type of self harm during the interview," states the motion to dismiss.
Attorneys with Davis Bozeman Johnson Law, who represent the Harvey family, did not return calls for comment.
Drew Favakeh is the public safety and courts reporter for Savannah Morning News. You can reach him at AFavakeh@savannahnow.com.
This article originally appeared on Savannah Morning News: Savannah attorneys ask court to dismiss Harvey family's lawsuit
