HomeMy Public PortalAbout140_020_Anti Litem S A V A G E BRENT J.SAVAGE
ROBERT BARTLEY TURNER
TURNER KATHRYN HUGHES PINCKNEY
BRENT J.SAVAGE,J .
WILLIAM K.OTTO
PIN PINCKNEY DAPHNE S.WITHROW
TINA CHENG
TRIAL ATTORNEYS SAMUEL W. HUGHES
ANDREW J.CONN
February 18, 2015
CERTIFIED MAIURETURN-RECEIPT REQUESTED
City of Tybee Island
do Mayor Jason Buelterman
Tybee Island City Hall
403 Butler Avenue
Tybee Island, Georgia 31328
CERTIFIED MAIURETURN-RECEIPT REQUESTED
Edward M. Hughes, Esq.
City Attorney, Tybee Island, Georgia
CALLAWAY, BRAUN, RIDDLE & HUGHES
301 W. Congress Street
Savannah, GA 31412
RE: Claimant: D'Andre Martin
Date of Incident: June 23, 2013
Date of Disposition: November 14, 2014
Gentlemen:
Please be advised that I represent Mr. D'Andre Martin. This letter is to serve as
notice pursuant to O.C.G.A.§36-33-5 regarding a claim for damages suffered by Mr. Martin
as a result of the malicious prosecution perpetrated against him by Tybee Island Police
Officer Eddie Dicus, badge number 1161.
On June 23, 2013, Mr. Martin, a black man, was with a white female companion in
a parking lot on Tybee Island when Officer Dicus approached. After placing Mr. Martin and
his female companion on a bench and questioning them, Mr. Martin, who had not been
placed under arrest, attempted to get up from the bench. Officer Dicus pushed Mr. Martin
back down onto the bench, telling him that was not free to leave even though he was not
under arrest at that time. Mr. Martin then declined to provide his name and date of birth.
In response, Officer Dicus arrested Mr. Martin for obstruction for remaining silent.
On September 18, 2014, Mr. Martin appeared in the State Court of Chatham County
for the charge of obstruction under O.C.G.A. § 16-10-24. On that date,the Court dismissed
the charge against Mr. Martin, finding that no probable cause existed for his arrest.
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102 E. LIBERTY ST. 1 8TH FLOOR SAVANNAH GEORGIA 31401 P.O. BOX 10600 SAVANNAH GEO`GIA 31412
P1912.231.1140 F l 912.232.4212 savagelawfirm.net
The arrest and ensuing prosecution against Mr. Martin amounts to malicious
prosecution. Mr. Martin has sustained injuries in the form of lost wages, emotional distress
and injury to his reputation through the false light through which this arrest has cast him.
In light of the above, we are seeking compensatory damages for the harm caused,
as well as punitive damages and attorneys' fees and expenses from those responsible for
these damages. The amount of the loss claimed is in excess of$1,000,000.00. Pursuant
to O.C.G.A. §36-33-5, we expect a response on behalf of the City no later than March 23,
2015.
Please feel free to contact me with al questions.
Yours ry truly,
tt_
Robert Bartley Turner
SAVAGE, TURNER & PINCKNEY
RBT/wko
cc: Mr. D'Andre Martin