Why a judge has tossed an excessive force lawsuit against Bibb County deputies
AI-generated summary reviewed by our newsroom.
- Federal judge dismissed excessive force case against Bibb County deputies.
- Court found defendants immune and plaintiff had admitted to key allegations.
- Dismissal followed plaintiff's failure to contest evidence and respond in court.
The alleged victim in a lawsuit over excessive force in Bibb County has failed to respond to claims in court on time, leading to her lawsuit against the Bibb County Sheriff’s Office being dismissed.
Jozzi Rainey sued Deputy Frederick Gray, Sgt. John Ahlvin and Sheriff David Davis in May 2024, alleging that Gray used “objectively unreasonable and grossly disproportionate” excessive force during a DUI arrest in June 2022 that caused her to bleed from her nose and chip her tooth. The lawsuit also alleged Ahlvin and Davis did not reprimand Gray for the conduct.
But Rainey and her attorney, Samuel Alderman III, didn’t answer claims made by lawyers for the officers, so Judge Marc Treadwell dismissed the case on Aug. 14, clearing all three law enforcement officers.
Treadwell determined that Ahlvin, Gray and Davis were qualified for immunity and said Rainey had failed to satisfy the requirements of the claims she brought against them. She also failed to respond to their attorneys’ requests.
Davis was dismissed from the lawsuit in October 2024 after Duke Groover, Davis’ attorney, claimed that Rainey couldn’t prove Gray wasn’t reprimanded, according to the request for dismissal. Alderman and Rainey also never responded to this claim from Groover.
Treadwell dismissed Gray and Ahlvin from the lawsuit more recently because he found they were immune from prosecution. He also ruled that by not responding to records filed earlier by Spencer Woody, another attorney representing the three law enforcement officers, Rainey was admitting to causing the traffic accident, being drunk during the accident, attempting to flee the scene, being uncooperative with the deputies and resisting arrest. She also admitted by default that Gray used reasonable force and that Ahlvin was not in the immediate proximity of the incident when it took place, Treadwell ruled.
Woody had filed a “request for admissions,” which requests a written document detailing the truth on the facts, the application of law, their opinion and the genuineness of the described documents, according to the Legal Information Institute.
The Legal Information Institute says that after 30 days of a request being served, failure to respond leads to admittance in the court.
The Telegraph reached out to Alderman for a response but didn’t hear back prior to publication.
Gray ‘was well within his right to defend himself’
The lawsuit filed by Rainey revolves around a traffic accident that occurred on June 11, 2024, on Interstate 75 in Macon, “while (she was) driving under the influence of drugs and alcohol,” court records say. The driver of the other car told Gray that they were attempting to merge onto an exit lane when Rainey stopped in the middle of the two lanes, which caused the cars to spin, according to body camera footage obtained by The Telegraph via open records law.
Rainey stepped out of the car to apologize for the accident and claimed she didn’t have her glasses on and was unable to see, according to the video.
However, she attempted to flee the scene after hitting the car, court records show. She was also “uncooperative, resisted arrest and attempted to physically evade officers,” according to court records.
During the incident, Rainey, who is a Black woman, made racial remarks toward Gray, a Black deputy, according to the video. Though Gray ordered Rainey to sit inside the patrol car, she remarked that she didn’t do anything wrong and tried to walk away before Gray grabbed her arm.
Rainey made more racial remarks and then Gray briefly put his hand on her throat, the video shows. After she attempted to remove his hand from her throat, the deputy hit her and pulled her to the ground by her hair.
She was then carried to the patrol car alongside another officer. Her face, present in the video, was bloodied.
Sgt. Christopher Williams responded to requests for statements from the Telegraph at the time, saying that Gray was “well within his right to defend himself and perform his lawful duty.” Rainey was acting aggressively toward the deputy, which “would lead any person or officer to believe that a threat is imminent,” Williams said.
Deputies aren’t used to people using racially insensitive language, but Williams said Rainey’s insults did not bother the deputy.
“Deputy Gray did not choke Rainey,” Williams said. “His hand was placed at her neck. There was no attempt to choke Rainey, who does not wince or gasp, but continues to pose a threat.”
The violence Gray used against Rainey was a way of maintaining a distance between himself and the aggressor, Williams said. After the use of force and her arrest, the situation was de-escalated, according to Williams.
