Ethermac|Family sues Atlanta cop, chief and city after officer used Taser on deacon who later died

The Ethermacfamily of a 62-year-old church deacon who died after an Atlanta police officer used a stun gun on him filed a federal civil rights lawsuit Thursday.

Johnny Hollman encountered former officer Kiran Kimbrough on Aug. 10 after he was involved in a minor traffic accident and called the police, according to the lawsuit against the officer, the police chief and the city. Body camera footage of the incident released in November showed Kimbrough repeatedly demanded Hollman sign a ticket and then shocked him with a stun gun after the dispute escalated into a physical struggle.

A tow truck driver arrived during the confrontation and assisted Kimbrough, the Associated Press reported citing a lawsuit the family filed against the driver last month.

Hollman, who repeatedly said "I can't breathe" during the confrontation, was pronounced dead at the hospital early the next morning, according to the lawsuit. An autopsy report released by the Fulton County medical examiner determined Hollman's death was a homicide caused by abnormal heart rhythms due to the use of a "conducted energy device" associated with a pre-existing cardiovascular condition.

Harold Spence, an attorney representing Hollman's family, told USA TODAY Kimbrough unnecessarily used excessive force during the incident, retaliated against Hollman for exercising his First Amendment rights and failed to render medical aid when it was clear Hollman was injured. Spence said the suit also claims the city of Atlanta has a widespread practice of excusing the use of excessive force by failing to thoroughly investigate credible complaints.

Spokespeople for Mayor Andre Dickens and the Atlanta Police Department declined to comment, citing pending litigation.

Spence called the incident "a truly needless death."

"We think that under the facts and circumstances of this case, there was no reason for any degree of force to be employed against Deacon Holloman," Spence said.

Spence also said Hollman's daughter, Arnitra Hollman, was on the phone with him during the encounter for 17 minutes and 46 seconds, and in previous court documents the attorneys have asked for $17.46 million in compensation to reflect that. But the suit filed Thursday does not seek a specific amount.

"We're prepared for a jury to determine what is justice in something as horrific as this," said Mawuli Davis, another attorney representing Hollman's family.

Hollman's death sparks changes

Dickens previously said in a statement after the body-worn camera footage was released that he directed the police department to "conduct a top-to-bottom review and evaluation" of the incident, the department's standard operating procedures and its training curriculum. The investigation resulted in changes to the department's policies regarding traffic citations and the release of video showing use-of-force incidents, according to the statement.

Davis said the family has experienced an "emotional rollercoaster" and is grateful for the community support that led to some of these changes. But, he said more work need to be done to address racial disparities in policing in Atlanta.

The investigation also led to Kimbrough's termination for failing to have a supervisor at the scene before making the arrest, according to the mayor's statement.

An attorney for Kimbrough, Lance LoRusso, did not immediately respond to a request for comment from USA TODAY. LoRusso previously said in a statement Kimbrough denies any wrongdoing and plans to appeal his termination. Though the lawsuit claims Hollman never explicitly refused to sign the citation, LoRusso also previously said the deacon was legally obligated to sign the citation and refused to do so.

The Fulton County District Attorney’s Office is reviewing the case to determine whether criminal charges are appropriate and “will make a decision based on the evidence,” spokesperson Jeff DiSantis told the Associated Press. DiSantis did not immediately respond to a request for comment from USA TODAY.

Contributing: The Associated Press