WPD responds to lawsuit

The response, filed April 2 by attorneys Richard A. Carothers and John E. Stell, requested that the lawsuit be dismissed on several grounds, including an assertion that no actions were taken by the City of Winder or the Winder Police Department which brought harm to the plaintiffs.

The response states in part that “Plaintiffs were not deprived by these defendants of any constitutionally protected liberty or property interest without due process of law, nor were plaintiffs’ rights under the Fourth Amendment, Fourteenth Amendment, or any other amendment to or any provision of the United States Constitution, the Georgia Constitution, or any state or federal law, violated by these defendants.”

While admitting that Winder officers were at the residence and did speak with Billings’ minor son regarding Quincy Smith, practically every other statement in Billings’ lawsuit was denied including the accusation that Winder officers committed the acts of false arrest, false imprisonment, illegal search and invasion of privacy.

In the response, the City of Winder and the Winder Police Department demanded a trial by jury. The defendants also requested that the city be awarded reasonable attorney fees and “further relief as to the court seems just and proper.”