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Court of Appeals sets oral hearing in case of controversial shooting of unarmed, 20-year-old man
Patrick Michael Megaro, Attorney for the family, will argue the pending issues before the appeals court.
By: Halscott Megaro PA
A civil grand jury recommended officer Lynn Thomas be indicted for Benjamin's death. In March 2016, however, the District Attorney decided not to charge the police officer, supposedly because its investigation concluded that a struggle had ensued.
Officer Thomas was subsequently promoted to Police Chief in 2016.
With the assistance of attorney Patrick Megaro, Benjamin's mother filed a lawsuit over the death of her son in May 2016 pursuant to 42 U.S.C. § 1983 (civil rights violations) in the U.S. District Court, Northern District of Georgia, alleging Excessive Force, Negligent Hiring/Training/
The Court of Appeals determined on August 3 that oral argument is necessary in this case. The issues in the case are essentially as follows: whether there are material facts in dispute that preclude summary judgment, especially where the issue is excessive force, and whether deadly force was justified under the circumstances in which Jayvis Benjamin was not being arrested for a violent offense, was not armed, and did not attack Lynn Thomas.
Patrick Megaro, the attorney for Benjamin's family, noted that he appreciates the opportunity to explain the disputed issues to the Court. "This case has been controversial and divisive. Facts are in dispute. Hopefully the hearing before the Court will clarify the issues for a just resolution of the matter."
This incident has been widely reported and commented on in the press. Based on the published articles and opinions, it appears that to this day the facts are still controversial and disputed. The many news articles about the incident include:
Local News Report at https://decaturish.com/
See also https://decaturish.com/
The Atlanta Journal-Constitution:
New York Daily News: "King: A Georgia cop gunned down unarmed black student Jayvis Benjamin nearly three years ago — so why no grand jury hearing?," http://www.nydailynews.com/
The appeals case is MONTYE BENJAMIN, and on her own behalf as administratrix for the estate of her Son Jayvis Ledell Benjamin v. LYNN THOMAS, Court of Appeals Docket #: 18-10204 (United States Court of Appeals for the Eleventh Circuit).
About Attorney Patrick Megaro
Patrick Michael Megaro is a partner at Halscott Megaro PA. His primary areas of practice are criminal defense, criminal appeals, post-conviction relief, civil appeals, and civil rights litigation.
Patrick Megaro, Attorney at Law
Halscott Megaro PA