Lawsuit goes on against cop who handcuffed Macon 8-year-old

A federal judge has granted motions dismissing portions of a lawsuit filed by the mother of a young boy handcuffed by a Macon police officer in 2013.

Demetrice Martin sued Macon-Bibb County, Overlook Gardens Properties LLC, The Woodruff Companies and former officer Justin Fox, claiming her and her son’s constitutional rights were violated.

U.S. District Court Judge Marc Treadwell granted motions for a summary judgment that were filed by Macon-Bibb County, Overlook Gardens and The Woodruff Companies on May 10, writing that it’s undisputed that neither Macon police nor the apartments dispatched Fox to Martin’s home.

The case against Fox, who resigned days after being recommended for termination, still is pending.

His lawyer, Michelle Smith, said she and her client “are confident that this is the first leg in getting the entire case dropped.”

She said the Georgia Peace Officer Standards and Training Council has cleared Fox of wrongdoing in the incident.

Though not employed in law enforcement, Fox remains a certified police officer who hopes to be hired as a cop later this year, Smith said.

The incident happened on Jan. 26, 2013. Fox was living at Overlook Gardens apartments on Gray Highway and was working as a part-time courtesy officer.

While he was on duty as a police officer, his girlfriend texted him, saying a boy had thrown something at Fox’s dog, according to the judge’s order.

Martin’s lawsuit alleges Fox “aggressively approached” Martin’s older son, then 10, and ordered the boy to take him to his family’s apartment where Fox forced his way inside.

He then “forcefully grabbed” then 8-year-old Ethan Martin’s arms and handcuffed him, according to the lawsuit.

The boy’s mother contends Fox threatened to “lock (Ethan) up” for animal cruelty.

Ethan explained he liked the dog and was trying to get his attention by throwing pine straw since the dog was on a balcony too high for him to reach, according to the suit.

Fox wouldn’t leave or remove the handcuffs until Ethan apologized. He said he arrested the boy to “teach him a lesson,” according to the lawsuit.

No charges were filed against the boy.

Martin’s lawyer, Winston Denmark, said he and Martin plan to continue to move toward a trial in the case, seeking damages against Fox.

Denmark said the Martin family moved away from the apartments, located on Gray Highway across from Wal-Mart, after the incident.

“It’s been very difficult for them,” he said.

According to the judge’s order, a police Internal Affairs investigation showed Fox violated several department policies, including those that:

▪  Prohibit an officer from intervening in situations involving family and friends absent an emergency or supervisor’s order;

▪  Forbid the use of handcuffs just to frighten, impress or encourage a juvenile to cooperate;

▪  Restrict the use of handcuffs in juvenile cases for children who have the ability to resist arrest, try to escape or pose a threat to themselves or others.

This story was originally published May 16, 2016 at 5:41 PM with the headline "Lawsuit goes on against cop who handcuffed Macon 8-year-old."