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Mercure v. City of Atlanta

The City of Atlanta Civil Service Board did not err in upholding a 20-day unpaid suspension against an APD officer for violating work rules prohibiting the use of unreasonable force and certain non-sanctioned neck restraints.

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Mason Mercure, an officer with the City of Atlanta Police Department “APD”, appeals a decision by the City of Atlanta Civil Service Board “the Board” to uphold a 20-day, unpaid suspension levied against him by the chief of police which was affirmed by the superior court. In this discretionary appeal, Mercure argues that the APD work rule he was found to have violated runs afoul of OCGA § 17-4-20 d and applicable case law. For the reasons set forth infra, we affirm.

The record reflects that on November 27, 2011, Mercure observed a vehicle operating without a tag and initiated a traffic stop. While investigating the stop and speaking to the driver, Mercure saw the driver remove what he suspected to be cocaine wrapped in cellophane from a cigarette box and place the “hit” in his mouth. Thereafter, Mercure called for backup to assist in arresting the suspect, who was larger than himself. Nevertheless, before backup could arrive, Mercure removed the suspect from the vehicle, handcuffed him subject to arrest, and walked him over to the patrol car. And as Mercure prepared to place the suspect inside of the vehicle, the suspect spoke and Mercure observed the “hit” of cocaine still in his mouth.

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