Lawrenceville to pay $137,500 for wrongful arrest

By  Andria Simmons

The Atlanta Journal-Constitution

A Lawrenceville convenience store owner who filed suit against a police officer after she was arrested without probable cause was awarded a total of $137,500 in damages on Thursday.

Because Detective Tim Ashley was acting in his official capacity as a police officer, the city of Lawrenceville ultimately will be on the hook for the damages. Jurors found Ashley liable for $87,500 in compensatory and $50,000 in punitive damages, said attorneys Albert Wan and Bill Atkins, who represented plaintiff Drupatty Jaipersaud.

The verdict came at the close of a three-day civil trial in U.S. District Court in Atlanta. Kendrick McWilliams, the lawyer who represented the city, could not be reached for comment.

Evidence presented at trial showed Ashley was one of five officers who responded to a dispute at Jaipersaud's Chevron convenience store on Sept. 24, 2008.

The store ran out of gas during a historic fuel shortage. An irate customer didn't believe Jaipersaud's pumps were out of gas and he was refusing to leave. The customer, a black man, and Jaipersaud, a woman of eastern Indian descent who is from the South American country of Guyana, both accused each other of making racist remarks when they argued. The customer also claimed Jaipersaud slapped his hand.

Jaipersaud testified on Wednesday that she offered to let police see the store's surveillance video to prove she wasn't at fault. She told them her son was the only person who knew how to retrieve the footage, but she handed them an instruction manual and let them attempt to operate the machine.

Jaipersaud's lawsuit contends that Ashley grew irritated when they couldn't access the video and demanded she summon her son. She tried calling her son, but he had his phone off while at school.

"[Ashley] said I need to get him here now or else," Jaipersaud testified. "I asked him if he was threatening me? And he said, 'No, I'm arresting you.'"

Ashley said he arrested Jaipersaud because her behavior was "disrespectful." She spent 10 hours in jail.

Jaipersaud was charged with violating a local disorderly conduct ordinance. A misdemeanor charge of battery was later added by the Solicitor's Office. Jaipersaud was subsequently acquitted in a State Court trial.
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