Atlanta

Powder Springs Woman Sues Cobb County Sheriff for $5M Over Unwarranted Entry and Excessive Force

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Published on August 18, 2024
Powder Springs Woman Sues Cobb County Sheriff for $5M Over Unwarranted Entry and Excessive ForceSource: Google Street View

A Powder Springs woman has initiated legal action against Cobb County Sheriff Craig Owens and three deputies, claiming a breach of her home without a warrant, use of excessive force, and the wrongful detainment of her and her children. Nicole Buchanan alleges that the Cobb County deputies forcefully entered her home, pointed a gun at her head, and caused her and her children significant injury and trauma. In the lawsuit, filed on August 9, according to the Atlanta Journal-Constitution, Buchanan is seeking damages in excess of $5 million for the incident that transpired on March 10, 2022.

Buchanan's altercation with the deputies began when they allegedly sought to serve an arrest warrant on her 20-year-old disabled son, Alexander Buchanan, concerning his involvement in a prior car crash. Despite her requests to see the warrant, the law enforcement officers reportedly forced entry into her residence without displaying any legal documentation. An incident report from the sheriff's office claimed that deputies gained entry through the front door using a key found outside, however, Buchanan contends in her lawsuit that they broke through a garage door. Her lawsuit, as reported by FOX 5 Atlanta, goes on to detail how a representative of the sheriff's office informed her over the phone that there was no active warrant out for her son during the confrontation.

During the encounter, deputies not only handcuffed Buchanan and her son but also her two younger children. Buchanan alleges that a deputy pointed a loaded gun at her temple even though she had not resisted arrest. The situation escalated resulting in Buchanan sustaining a broken foot and knee damage, for which several medical procedures have been necessary. Buchanan's attorney, Latrice Latin Alexander, has highlighted that body-worn camera footage from the incident is under review.

The tragic saga did not end there, as Buchanan's son, Alexander, passed away months after the incident under circumstances noted as unrelated. Court records referenced by the Atlanta Journal-Constitution, illuminate a prior charge of aggravated assault against Alexander Buchanan and his subsequent treatment in a mental health facility.

The incident has left Buchanan's remaining children afraid of the police and anxious from witnessing their mother's ordeal. While none of the Buchanan children were charged in relation to the deputies' visit, Nicole Buchanan's obstruction case was eventually dismissed by prosecutors. The lawsuit seeks to bring to account the alleged wrongful conduct of the deputies involved.