The Georgia Court of Appeals yesterday affirmed a Fulton County judge's order denying the City of Atlanta's motion to dismiss a case on sovereign immunity grounds. The decision, holding that the case against the City of Atlanta could proceed, stated that:

the record shows that at approximately 5:00 p.m. on July 22, 2008, two APD officers identified a white Chevrolet Monte Carlo that appeared to be exceeding the speed limit, and which they believed matched the description of a vehicle that had been reported stolen earlier in the day. Upon learning that the vehicle's registration had been suspended [though the vehicle was not, in fact, stolen], the officers attempted to initiate a traffic stop by activating the emergency lights and siren of their marked City of Atlanta law enforcement police vehicle. The officers began pursuing the white Monte Carlo when its driver refused to stop or slow down and instead accelerated to the next intersection. One of the officers admitted that the pursuit of the white Monte Carlo violated the APD's written policy identifying the circumstances in which its officers were permitted to initiate and continue emergency vehicle pursuits. While the police pursuit was underway, the white Monte Carlo struck Lockett, a pedestrian who had been walking along the side of the road. (emphasis added)

John Hadden, along with Christopher Graddock and Keenan Nix, represented the plaintiff on appeal.