Following his dismissal as a City of Atlanta police officer for excessive use of force, Stuart Glass appealed to the city’s Civil Service Board the “Board”, which conducted an evidentiary hearing and affirmed his termination. On writ of certiorari, the superior court affirmed the Board’s decision. Glass appeals, challenging the sufficiency of the evidence supporting the Board’s decision to affirm his dismissal. He further argues that the Board violated a city ordinance and his due process rights under the Georgia and United States Constitutions by failing to conduct a hearing within 60 days of the filing of his notice of appeal and by failing to conduct the entire hearing on consecutive days. For the reasons set forth below, we affirm the Board’s decision. Viewed in a light most favorable to the Board, and with every presumption in favor of the Board’s decision indulged, City of Atlanta v. Harper ,1 the record shows that late in the afternoon on January 30, 1992, Glass was on routine patrol when he received a radio call from one of his supervisors, requesting that he and some other officers investigate possible drug activity in front of a nearby public housing building. Glass met two other officers a few blocks from the reported address, and the three officers proceeded to the scene on foot. As the officers approached, they saw several young males sitting on a waist-high retaining wall, which separated the sidewalk from the front yard of the public housing unit. Glass noticed an open beer can on the wall next to one of the males, asked whose it was, and poured it out when no one responded. Glass then asked for and received consent to search the group for weapons. During that search, he discovered that one of the males, Eric Patterson, was carrying two driver’s licenses. He then informed Patterson that he was under arrest for drinking in public and carrying two licenses. When Patterson stood up to try to explain why he had two licenses, Glass grabbed his face. As Patterson removed Glass’s hand, Glass grabbed him by the throat, began choking him, and pushed him backwards over the retaining wall. Glass continued choking Patterson until he and one of the other officers were able to handcuff him.
By this time, a hostile crowd had gathered, which caused the third officer to call for backup. Within a couple of minutes, three more officers arrived. Patterson and his brother, who was also arrested during the melee for throwing a bottle and threatening the officers, were placed in the back of a squad car, at which time Patterson began complaining that he was having trouble breathing. Fearing that Patterson’s breathing difficulties were becoming worse, the officers transported him to the hospital where he was treated and later released. Following the incident, the officer who had assisted Glass in handcuffing Patterson reported to his supervisor that Glass had used excessive force during the arrest. In addition, Patterson filed a Citizen Complaint, claiming that Glass had used excessive force.
