Extension granted in Remerton use-of-force lawsuit

Terry Richards, The Valdosta Daily Times, Ga.
·2 min read
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Jul. 10—REMERTON — A federal court has granted a three-month stay in a lawsuit where a man claimed a Remerton police officer slapped him in hopes of resolving the lawsuit by mediation, court documents show.

A joint motion by attorneys for plaintiff Nicholas Paige and defendants James Athan Stokes and the City of Remerton asking for the delay was filed June 29 with the U.S. District Court for the Middle District of Georgia.

Judge Louis Sands granted a 90-day stay July 3, saying the new deadline of Sept. 28 provides "the Parties with a reasonable time to resolve this case, if they wish," according to court documents. No more extensions will be granted except to avoid a miscarriage of justice, the judge noted.

The lawsuit, filed by Paige July 6, 2020, named Police Chief Mike Terrell, former police officer Stokes, the Remerton Police Department, Mayor Cornelius Holsendolph, several Remerton City Council members and City of Remerton as defendants.

The mayor, City Council members and the police chief were later removed as defendants, court documents show.

Paige claims in the lawsuit he woke up to officers aiming guns and flashlights at him at 3 a.m., Sept. 6, 2019. Paige said officers told him they entered his home through a downstairs window.

Paige said Stokes told him he was under arrest but called him by the wrong name. In the lawsuit, Paige said police allowed him to get his identification from his car but kept him restrained in handcuffs.

The lawsuit claims when Paige questioned why he was being detained, an officer slapped him in the face. A reporter for The Valdosta Daily Times reviewed police body cam footage of the incident provided by Remerton's city attorney, which did not appear to show any slapping.

The officers eventually left but kept a watch on Paige, according to the lawsuit. The lawsuit claims excessive force, lack of training and unconstitutional search and seizure against the defendants.

The city and Stokes claimed in a formal response they are shielded by sovereign immunity and disputed many of Paige's claims.

At the time of the incident, Stokes was also a reserve deputy for the Lowndes County Sheriff's Office but was later fired by Sheriff Ashley Paulk for an unrelated use-of-force incident, the sheriff said. The sheriff's office is not a party to Paige's lawsuit.

Terry Richards is the senior reporter for The Valdosta Daily Times.