Trial Magazine

Gabriel Arries, 33, suffered from major depressive disorder and could not afford his medication. While flying from Los Angeles to Virginia to visit his parents, he was arrested for disorderly conduct at the Hartsfield-Jackson Atlanta International Airport. He was transferred to the Clayton County jail, where he became combative and began shouting racial slurs. In response, deputies allegedly took Arries to a shower area and beat him. They then allegedly placed him in a restraint chair for four hours and then took him to a suicide watch cell, where he fought with agitated inmates. A deputy tased Arries, handcuffed him, and swept his leg from behind, which caused him to fall and hit his head on a concrete floor. He suffered a subarachnoid bleed, subdural hematoma, midline shift, fractured nasal bone, vision loss, and a severe traumatic brain injury.

Arries sued the sheriff and several deputies, alleging §1983 claims for excessive force and reckless restraint. Suit also alleged state law claims for aggravated assault and battery and negligent violations of ministerial duties. The plaintiff argued that the deputies failed to recognize that he was struggling from a mental health issue and wrongfully placed him in a suicide watch cell despite a lack of evidence that he was suicidal.

The defense claimed qualified immunity and argued that the deputies had used the requisite force in light of the plaintiff’s combativeness.

The parties settled for $5 million.

Citation: Arries v. Hill, No. 1:21-cv-03588-AJ (N.D. Ga. June 14, 2024).

Plaintiff counsel: AAJ member Alwyn R. Fredericks, AAJ member Lisa Bobb McNary, and Kurt Kastorf, all of Atlanta.