State Court of Fulton County

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Transaction ID: 64339493
Date: Oct 22 2019 01:29PM
IN THE STATE COURT OF FUI,TON COUNTY LeNora Ponzo, Chief Clerk
STATE OE GEORGIA Civil Division

ROSIE ,fACKSON,

PJ-aintiff ,
CIVIL ACTION NO.:
vs.
CITY OF SOUTH TUI.TON, GEORGIA
and HELEN WILLIS, individually
and as an agent of CITY OE SOUTH
EUtTON, GEORGTA,

Defendants.

COMPLAINT FOR DAI{AGES

COMES NOW ROSIE JACKSON, (hereinafLer "Plaintiff") and

fifes this Complaint against Defendants CITY OF SOUTH

EULTON, GEORGIA and HELEN VIILLIS, individually and as an

agent of CITY OE SOUTH EULTON, GEORGIA (hereinafter

collect-ively "Defendants") and shows this Court as fofIows:
JuRrsDrcrroNAL STATEMENT

1.

Pl-aintiff ROSIE JACKSON ("PIaintLff" ) is a resident

and citizen of the State of Georgia and submits to the
;urisdiction and venue of this Court.
a

Defendant CITY OF SOUTH FULTON, GEORGIA (hereinafter

.CITY OF SOUTH EULTON") iS a Iegal and political entity,
organized under the laws and subject to the jurisdiction of
the State of Georgia.
 ?

Defendant CITY OF SOUTH FULTON is a municipality

situated within the Fulton of Cobb, State of Georgia.
A

Service may be made upon Defendant CITY OE SOUTH FULTON

by serving William Edwards, Mayor of the CITY OF SOUTH

EULTON, at City of South Eulton City HalI, 5440 Eulton

Industrial BIvd. SW, Atlanta, Georgia 30336

5.

Defendant CITY OF SOUTH FULTON is subj ect to the

jurisdiction of this Court.
6.

Venue is proper in this Court as to Defendant CITY OF'

SOUTH EULTON.

1.

Subject matter jurisdiction is proper in this Court as

to Defendant CITY OE SOUTH FULTON.

Defendant HELEN WILLIS (hereinafter *WILLIS") is an

individual residing at 5040 Buckeye Place, College Park, GA

30349, Eulton County.

o

Defendant WILLIS is a citizen of the State of Georgia.

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 10.

Defendant WILLIS is subject to the Surisdiction of

this Court.
11.

Venue is proper in this Court as to Defendant VIILLIS.

12.

Subject matter jurisdiction is proper in this Court as

to Defendant WILLIS.
13.

Defendant WILLIS may be served with process at her

place of business located at City of Sout.h Eul-ton City
HaII, 5440 Eulton Industrial Bl-vd. SW, Atlanta, Georgia

30336, EuIton County. Alternatively, Defendant WILLIS may be

served with process at her residence at 5040 Buckeye Place,
College Park, GA 30349, Eufton County.
AGENCY

1A

At afI t.imes relevant to the incidents described in

this Complaint, Defendant WfLLIS was acting as an agent or
employee of Defendant CITY OF SOUTH FULTON and was acting
within the scope of such agency or employment refationship
with Defendant CfTY OF SOUTH F-ULTON, the principal.

-3
 15.

The acts and omissions of Defendant WILLIS as the

agent or employee of Defendant CITY OE SOUTH FULTON are

imputed to Defendant CITY OE SOUTH EULTON as a matter of

law.
16.

Defendant CITY OF SOUTH FULTON is vicariously Iiable

for Defendant WILLIS' tortious conduct pursuant to the
doctrine of respondeat superior and agency principles.
JoINT AND SEVERAL LIABILITY

11 .

Defendants are jointly and severally liable for the

acts and omissions alleged in this Complaint.
EACruAr Srarsl,rExt

10

The CITY OF SOUTH EULTON is governed by a Mayor and a

seven-member Council, af1 elected to four-year terms.

t9.
The Council is charged with providing effective
municipal government consistent with the needs of the City
and the boundaries of the City budget.
20.

The City Councif adopts City ordinances and changes them

as necessary,' determines City policies and sets standards;

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approves the budget and sets the miltage rate as weII as all
fees and fines.
27.

Plaintiff ROSIE JACKSON is one of the seven elected

councilmembers for the CITY OE SOUTH FULTON - she represents
District 5.

22.

Def endant ViILLIS is al-so one of the seven elected

councilmembers for the CITY OE SOUTH FULTON - she represents
District 3.
aa
LJ.

Crty Councif meetings occur at 7:00 p.m. the second and

fourth Tuesdays of each month inside the South EuILon Service
Center at 5600 Stonewall Tell Rd., CoIIege Park, GA 30349.
24.

The public is invited and encouraged to participate.

atr
ZJ.

On or about October 23, 2018, the CITY OE SOUTH EULTON

hetd a City Council meeting, where both Pfaintlff and

Defendant WILLIS were in attendance.

26.

During this meeting, Defendant WILLIS falsely accused

Plaintiff of threatening her with a taser.

tr
-J
 21 .

This false accusation was heard by the entire City

Council, Mayor WiIIiam 'Bi1I" Edwards, and the public who

were in attendance.
28.

Defendant WILLIS afso repeated this false accusation to

l-he Mayor, the City of Soul-h Eufton Police Chief Keith
Meadows, and the City Manager Odie Donald, II.
,o

Defendant WILLIS' false accusations were reported to FOX

5 News and the Atlanta Journal Constitution by Chief Meadows.

30.

Plaintiff never threatened Defendant WILLIS with a

taser.
11

Plaintiff never threatened Defendant WILLIS during the

October 23, 20L8 City Council meeting.
)a
)z -

The October 23, 2078 statement made by Defendant WILLIS,

was stated and then caused to be published by the media in

such a manner that viewers would reasonably believe Plaintiff
engaged in criminal activity.

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 The October 23, 2018 statement made by Defendant VfILLIS
is false and defamatory.
Tns FOX 5 BnoApcAst

34.

On or around October 25, 2018, Defendants caused to be

published a local news story about Plaintiff on the

tefevision news broadcast station EOX 5 News.

A true and correct version of the October 25, 2018, FOX

5 broadcast can be accessed online at the following link:

https : / /www . f ox5atlanta . com/news / counci lwoman-accuses -
anoLher-council -member-of - tas er- threat .

THp Arr,aNra JounNar. CoNstrrurroN Anrrcr.s

<A

On or around October 25, 2078, Defendants caused to be

published a local news arti-cle about Plaint-if f in t.he major
daily newspaper in the metropolitan area of Atlanta, Georgia,

the Atlant-a Journal Consl-itution (*AJC")

A true and correct copy of the October 25, 20tB AJC

articl-e is attached to this Complaint as Exhibit "A." The

article can be al-so accessed online at the following link:

https : / /www . a j c . com/news / l-ocaI-govt- -pol itics / tale- tas er-

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city-counci ] - f i ght- and- south- fulton- growing-
pains /rz2 i3 FSQML453gRnvpaUnI / .

CoLoR or Sratu Law

38.

At aII times material to the alleqations set forth in

this Complaint, Defendant WILLIS was employed as an elected
city officiaf for the Defendant CITY OE SOUTH FULTON.

?q

Defendant WILLIS performed all acts relevant to this

action under color of state J-aw, to wit, under color of

statutes, ordinances, regulations, polices, customs and

usages of the State of Georgia and/or the CITY OE' SOUTH

EULTON.

40.

Defendant WILLIS is sued in her individual capacity.

A1

Defendant WILLIS is also sued in her official capacity

as an agent for the CITY OE SOUTH EULTON.

CouNr Oun - Sr,elrosn

A)

The allegations contained in alI paragraphs above are

incorporated herein by reference as if set forth verbatim.

-B
 43.

Defendant WILLIS has made defamatory remarks,

calculated to damage Plaintiff and her politicaf and

business repuLation.
44.

Defendant WTLLIS made these statements without

privilege and with knowledge that the statements were false
or wlth a reckless disregard for the truth or falsity of
the statements.
45.

Defendant WILLIS' defamatory statements have injured

and continue to injure Plaintiff's trade, office,
profession, occupation, and commercial reputation.
AA

Defendant WILLIS' defamatory statements constitute

slander per se under the law of Georgia, including O.C.G.A.
51-5-I et seq.
41 .

Defendant WILLfS' defamatory and disparaging

statements have caused Plaintiff to suffer monetary damages

due to lost business opportunlties and reputational harm.

AQ

Defendant WfLLIS' statements have also caused ongoing

harm.

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 /a

Plaintiff demanded in writing on or around JuIy 3,

2079 that Defendants retract the aforementioned defamatory

statements.
50.

Defendants have refused to retract the aforementioned

defamatory statements.
tr1

Defendant WILLIS' defamatory statements were made with

malice, with a conscious disregard for the rights of
Plaintiff and with the intent to harm and disparage
Ptaintiff, such that exemplary damages under O.C.G.A. S 51-
15-5.1 should be awarded.
vrA ttDEFAI'rAcAsr"
Couqr Ewo - DurAr'{AtloN

q,

The allegations contained in all paragraphs above are

incorporated herein by reference as if set forth verbatim.
tr?

Defendants published, or caused to be published,

defamatory statements concerning Plaintiff in the October
25, 20lB FOx 5 news broadcasts.
EA

Defendants published, or caused to be published, these

statements about Plaintiff with knowledge that the

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statements were false or with a reckless disregard for the
truth or falsity of the statements.
trtr
)J.

Defendants published r or caused to be published,

defamatory statements concerning Plainti ff rn the October

25, 2AIB AJC article.

56

Defendants published, or caused to be published, these

statements about Plaintiff with knowledge that the

statements were false or with a reckless disregard for the

truth or falsity of the statements.
tr?

Plaintiff's inluries and damages were caused by

Defendant V[TLLIS' acts which were made with actual malice
or with actual intent to cause injury in the performance of
her official funcLions.
tro

The statements about Plaintiff made by Defendant

WILLIS in October 2018 that were published on EOX 5 and the
AJC constitute defamation per se.
6q

The gist of the statements Defendant VfILLIS made about

Plaintiff in October 20tB that were published on EOX 5 and

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the AJC is that Plaintiff had committed multiple crimes

punishable by Iaw.
50.

The gist of the statements Defendant WILLIS made about

Plaintiff in October 20tB that were published on FOX 5 and

the AJC is fafse and defamatory.

6L.

Defendants' defamatory statements have injured and

continue to injure Plaintiff's trade, office, profession,

occupation, and commercial reputation.
62.

Defendants' defamatory and disparaging statements have

caused Plaintiff to suffer monetary damages due to l-ost
business opportunities and reputational harm.
63.

DefendanLs' statements have also caused ongoing harm.

64.

As a direct and proximate resuft of the acts of

defamation by said Defendants, Plaintiff has suffered and

contlnues to suffer injury Lo her personal and professional

reputation, humiliation and embarrassment, mental and

emotional distress, and a dlminishment of her reputation

and standing withln the community.

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 65.

As a direct and proximate result of the acts of

defamation by said Defendants, Plaintiff has suffered
special damages.

Couxr THREE - INrsNrroNAL lNrr,rcrroN oF Euorrouar, DrsrRsss

66.

The allegations contained in aIf paragraphs above are

incorporal.-ed herein by reference as if set forth verbatim.
61 .

The conduct of Defendants toward Plaintiff was

intentional and reckfess.

68.

The conduct of Defendants toward Plaintiff was

outrageous and egregious.

69.

The conduct of Defendants Loward Plaintiff was so

insulting as to naturally humifiate and embarrass

Plaintiff.
10.

As a direct and proximate result of Defendants'

wrongful conduct, Plaintiff has experienced severe

emotional distress.

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 Couxr Eoun - ArronNsv's Fuus AITD EXPENSES

11, .

The allegations contained in alI paragraphs above are

i-ncorporated herein by reference as if set forth verbatim.
1)

Defendants have acted in bad faith and have caused

Plaintiff unnecessary hardship and expense in this matter.

1')

Plaintiff is entitled to an award of costs, attorney's

fees and litigation expenses from Defendants.
Couur Frvr - PuNrrrvE DAr',rAGEs

'7
4.

The allegations contained in aIl paragraphs above are

incorporated herein by reference as if set forth verbatim.
AE

On or around JuIy 3, 201-9, Plaintiff JACKSON sent a

retraction demand via USPS certified mail with return

receipt requested on behalf of herself to Defendants
pursuant to O.C.G.A. S 5!-5-12.
16.

Defendants received Plaintiff's retraction demand.

'77.

Defendants failed to comply with Plaintiff's

retraction demand as required by O.C.G.A. S 5l-5-12.

-74
 18.

De fendant s have never published retraction for

WILLIS' October 23, 2078 statement.
?o

Defendants have never published retraction for the

October 25, 20LB FOX 5 news broadcast.
80.

Defendants have never publlshed a retraction for the

October 25, 2018 AJC article.

81.

Defendants published the false and defamatory

statements referenced in this Complaint with actual malice
in that Defendants published said statements with actual
knowledge of falsity or with a reckfess disregard for the
truth or falsity of said statements.
oz.

The acts and omissions of Defendants, as described

above, were done by Defendants in a willful, wanton,

reckless, and malicious manner evidencing t.hat- entire want

of care which raises the presumptj,on of conscious

indifference to the consequences.

o?

Pl-aintiff is entitled to an award of punitive damages,

without Iimitation or cap.

Ttr
t-J
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 84.

In liqht of said DefendanLs'wil1fu1, wanton, reckless

and malicious conduct, Lhe recovery of significant punit-ive
damages to punish said Defendants and deter them from ever
engaging in such conduct again is demanded.
I{HEREFORE, Plaint-if f demands:

( a ) That Sudgment be entered against Defendants,

j ointly and severally, for actual damages in an amount
found to be just and reasonable;
(b) That judgment be entered against Defendants,
jointly and severally, for attorney's fees;
(c) That judgment be entered against Defendants,
jointly and severally, for punitive damages to punish and

penalize said Defendants and to deter said Defendants from

repeating their unlawful conduct.

(d) That summons issue and service be perfected upon

Defendants requiring Defendants to be and appear in this
Court within 'l-he time required by faw and to answer this
Complaint;
(e ) That al-I costs and expenses of this action,
including reasonabfe attorney's fees, be assessed against
Defendants; and,

-76
 (f) That Ptaintiff have such other and further relief
as this Court deems just and proper.
TRIAL BY Jt RY DEI"IANDED ON ALL COt NTS.

This 22nd day of October, 2079.

HoRNsuv Ll,w Gnoup

/s/ amefia erubbs

Amelia D. Grubbs
Ga. State Bar No. 696124
1180 W Peachtree St NW #2220
AtIanta, GA 30309
Tel: 404-5'7 7-1505
Eax: 404-57 7-1555 Attorney for Plaintiff
 EXHIBIT A

Jackson v. City of Atlanta, et al.

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Thser
conilnued fronr Bl
me, both of y,all
--^EI..g:"
ytrli:lli**iffi
_ Mrnutes later, Wiltis
1p!i9t"a for a ciiy potice
9pc3r.to pproach thd cour_
clr ctais. With the council
Teting still in,"rrior,,-ii.
camera shows a flury of
activity as Willis, Jackson
and Edwards walk in and
out of the chamber.
rTouth Fulton police chief
Keith Meadows on Thurs-
day confirmed that an inci-
dent is being investigated,
but said no*police report
has been filed.
He said his understanding
was that a verbal exchange
about a Iegislative issue
"became contentious."
"One councilwoman is
allegrng a threat was made
with a Taser," he said. -
The embarrassing episode
is the latest sign of growing
pains in the new city of South
Fulton, which was formed
to incorporate a large swath
of Fulton County south of
Atlanta after a 2O16 refer-
endum.
The cityof about IOO,OOO
people is governed by a s.ev-
Ln-member council, Plus
the maYor.
Other colltroversles
include a contentious Ptlb-
lic debate about chang-
ing the citY's nalne' lt was
6rTeflv calied Renaissance
the
;;f;r; Edwards vetoedlater
IJrn.it't decision'.He
;t,;;d the council's choice
\tr,
31"1.:lt, seat as wen a ptan wa.s "deePlY saddened" bY
,,lnembe rs t<, h i n: what transpired atthe coun-
lilf:t*tffi
cilmeeting.
council,s meetlngs,
^. I!"
'fracy L. Rolle, a South
nt-tinles, have been raucous Fulton resident who regu-
affairs.tlrat have clrawn large
crowds. At a meetin g in
larlv attends council meet'
l{n- ingi, is frustrated that the
Uary,.a city ordinance pro- episode
posed by Willis to allow offi- rassing"
she called "embar-
has distracted from
cers to jail parents for their important citY business in
children's crimes elicited a community still trying to
impassioned public com- find its identity.
ments from an overflow
"We should be able to
crowd. The measure was agree to disagree and be
Iater tabled. In March, the adults about it," she said.
council voted to decriminal- "This overpowered import-
ize marijuana. ant issues we shottld be deal-
There's sharp disagree- ing with."
ment about what unfolded Rolle was not at Tuesdat's
Tuesday. For his part, meeting and doesn't know
Edwards has declined to the details of what happened,
discuss the incident pub- but saidit's well knodathat
licly. Another council mem- Jackson carries a Taser for
ber, Khalid I(amau, would protection. Srill, Rolle said
not comment about specif- she doubts Willis'story and
ics, but said in a text mes- has witnessed her ofeniy
I sage that the city "will not disagree with other coun-
be brought down by small cil members. Rolle doesn,t
people." believe Jackson would bran-
The day after the meet- di-sh the weapon in a coun_
ing, Jackson said she knew crt meeting.
"nothing about" the Taser "Rosie is not stupid
episode. g-ngugtr to pull a Taser on
"Tomyknowledge, noth- Helen," shesaid.
ing happened," she said. city police
_lh^u depart-
Her attomey, Michael Katz,
said Willis had made false T:rll j::.*s to recognize
allegations against other *:'Ii**;#,';:Tf,lj:;
council members in the past. :lgj:l13i{n,Gi,ffi;:;
elected omciiti.
Jackvrn was "pretty adanrant
this didn't hapPen," he said. 11ij,*m :iio.r,i, investi-
,,She
doesn't own a Thse1,, ffi::i:H.*:*ifiG;t."tl
he said.
Willis_said Thursday that
frfiXflif::r:,i!;J:tli
h"pt*.Grrililrl,fii_"*}[
_
she could not comment.
"It's just best tbr nre to let i:Jfi..t'j;ili'fi,iH:;T:
i?:t:i^,3i'.i',Hi:liI+
,"it"yFHi11-tdT
the investigation play out,,,
3i,:
she said in a text message.
,f:rtlti:jj.l[ds*,,
Ho.urs later, she sent an
email sratement saying she :ifi:nl:*i;irn
,,f :iltl
thetG.tii*tBl:re*li