Houston County sheriff has ‘sovereign immunity’ in false arrest case, judge rules
A Macon federal court judge has ruled Houston County Sheriff Matthew Moulton isn’t liable in a lawsuit that claims his deputies and Perry police officers unlawfully arrested someone, court records from last week show.
The lawsuit, filed by Jason and Jennifer Kerr on Aug. 21, 2024, claims that deputies from the Houston County Sheriff’s Office and police officers from the Perry Police Department unlawfully arrested Jason Kerr on a hit-and-run charge that stemmed from his car damaging a sign at Skweeky Kleen Car Wash. The Kerrs also accused one of the police officers of coercing Jason Kerr into signing an agreement that established he would not file a lawsuit “in exchange for non-prosecution of (the) offenses,” according to the lawsuit.
The lawsuit had been filed against former Houston County Sheriff Cullen Talton, who died Oct. 19, 2024. Moulton was replaced in the lawsuit after he became sheriff. The sheriff’s office was accused of failing to train and supervise Tyler Tripp, the deputy involved in the lawsuit, who arrested Jason Kerr.
Judge Tilman E. Self III ruled on July 16 that Moulton was “entitled to sovereign immunity” because the Kerrs couldn’t provide case law that would waive Moulton’s right to immunity, court records show.
“Georgia courts and federal courts applying Georgia law — including this Court — have consistently held that sovereign immunity bars the types of tort claims Plaintiffs assert in this case,” Self said.
Tripp is still being sued. The Kerrs also are still suing the city of Perry, Perry Police Chief Alan Everidge and Perry cops Sean Whilden and Heath Dykes.
Deputy, officer threatened to use taser
The Kerrs alleged that on June 18, 2023, Jason Kerr was arrested in his home by Whilden and Tripp after he had his car washed at Skweeky Kleen Car Wash and, as the vehicle was “under the physical and mechanical control of the automatic car wash machinery,” the car had damaged a sign. He was charged with hit-and-run.
During the arrest, Whilden and Tripp threatened Jason Kerr with a taser, which the lawsuit argues was meant to be used to incapacitate aggressive combatants. However, Jason Kerr “posed no risk or threat to the safety of the officers,” the lawsuit said.
Both of the officers allegedly attempted to coerce Jason Kerr into not filing a lawsuit against the agencies. If he didn’t file the lawsuit, the agencies wouldn’t prosecute his hit-and-run charge, the lawsuit said.
“Plaintiff was unarmed, afraid, not acting belligerently, not committing to comply, not refusing to comply, and not attempting to flee,” the lawsuit said.
Dykes also attempted to coerce Jason Kerr into signing a document that would waive his rights to file a lawsuit against the agencies, but he refused.
Jason Kerr’s neck, arms, shoulder and back were injured as a result of the arrest, and his injuries required medical care and treatment that cost over $25,000, the lawsuit said.
Perry cops also claim immunity
The city of Perry, Everidge, Whilden and Dykes responded to the lawsuit on May 2, denying the allegations that the Kerrs had been deprived of their rights after the arrest and claiming they are immune from being sued in this case by federal and state law. They’ve also requested that the lawsuit be dismissed.
No court date has been set yet for the next steps in the case.
