Federal judge says Houston County deputy not immune in false arrest lawsuit. For now.
A federal judge ruled Thursday that a Perry police officer cannot be dismissed from a lawsuit filed against him because the accusers sufficiently “alleged that (the officer) violated a constitutional right,” according to court records.
Jason and Jennifer Kerr claimed in a lawsuit filed in August 2024 that he was unlawfully arrested on a hit-and-run charge in June 2023 by deputies with the Houston County Sheriff’s Office and officers with the Perry Police Department. Though Deputy Tyler Tripp, one of the men who arrested Jason Kerr, attempted to be removed from the action by claiming his immunity from prosecution, Judge Tilman Self blocked the effort Thursday, according to court records.
Self said that, based on the evidence he’s seen so far, Tripp didn’t have probable cause to arrest Jason Kerr. He added, however, that could change once new evidence comes to light, according to his ruling. Self did, however, dismiss several claims against Tripp despite ruling that he can’t be fully dismissed from the case: Self said Tripp cannot be sued on allegations of assault, battery, false arrest, and intentional infliction of emotional distress in this case.
In addition to Tripp, the city of Perry, police Chief Alan Everidge, and police officers Sean Whilden and Heath Dykes were also sued. Jason Kerr is seeking $700,000 in damages. Houston County Sheriff Matthew Moulton was also sued, but he was dismissed from that case once a federal judge declared him immune to prosecution in July.
What happened
Jason Kerr’s lawsuit says was driving at the Skweeky Kleen Car Wash, following the employee’s instructions, and placed his car on the mechanical tracks when his car moved forward and collided with an electrical sign. Though Jason Kerr told employees that the car wash’s machinery caused the damage, the employees called the police, according to court records.
Whilden went to the Kerrs’ home with Tripp on June 18, 2023, and arrested Kerr for a hit-and-run, a misdemeanor under Georgia law, the lawsuit says. Jason Kerr said that Tripp threatened to use a taser and claimed that he suffered injuries to his neck, back, and shoulder, court records show.
In Tripp’s request to dismiss him from the case, he mentioned that Jason Kerr was arrested for failing to report an accident that resulted in $500 worth of damage, rather than a hit-and-run charge. The judge noted that, to be charged with hit-and-run, two cars must be involved, but the accident at the car wash involved only one, according to court records.
Additional evidence needed
Self viewed the body camera footage of the arrest, according to court records. Even though Tripp was acting within the scope of his authority, he failed to tell Jason Kerr how much the damage was worth.
“So, without any facts as to how Tripp knew that the sign had sustained apparent damage of $500 at the motion-to-dismiss stage, the record contains nothing to show that Tripp had even arguable probable cause to arrest Kerr,” Self said in his ruling.
His ruling is based on the facts stated in the complaint and the body camera footage. Self anticipated additional evidence in this case that could “shed light on exactly when and how Defendants determined the ‘apparent extent’ of the damage to be greater than $500, if they did,” according to his ruling.
