Smyrna Pays $85,000 After Resident's Profanity Arrest
The City of Smyrna agreed to pay resident Mary Kirkendoll $85,000 after arresting her for profanity at a meeting.
This week, the City of Smyrna settled the lawsuit with local resident Mary Kirkendoll after she was arrested for profanity at a meeting, and agreed to pay her $85,000.
At a town hall meeting on April 21, 2009, Kirkendoll uttered a profanity to the audience as she was walking out, according to The Atlanta Journal-Constitution. She was then arrested and jailed for more than two hours before being released.
The AJC reports that Kirkendoll later filed a federal lawsuit against the City of Smyrna, claiming that it had violated her First Amendment rights and put her under false arrest and imprisonment.
The City ended the litigation this week, and agreed to pay $85,000 to Kirkendoll to settle the case.
Kamma
2:58 pm on Thursday, October 11, 2012
This is absolutely ridiculous.
Bill
3:02 pm on Thursday, October 11, 2012
Given Mary's constant chatter on this site, I assume she intends to donate back her settlement proceeds so that City can add something Decatur-like that she's always complaining is missing in the Jonquil City.
Lissa M.
5:25 pm on Thursday, October 11, 2012
LOL!
L.S.
3:26 pm on Thursday, October 11, 2012
Isn't she the same person always accusing the City of wasting money and spending on the wrong things - case in point!!!
Thomas
3:28 pm on Thursday, October 11, 2012
It really should go to a nonprofit community development group.
Mike Woodliff
4:18 pm on Thursday, October 11, 2012
Who decided the amount and why?
Brian
4:44 pm on Thursday, October 11, 2012
Ok, now that she's gotten this settlement, it's time for her to be more constructive in her criticism ;-)
I don't have anything against Mary, btw. I have talked with her and inter-personally she's a nice person. I just want to see more positivity and less negativity in how people relate to our city. It does draw negative attention and that hurts our values.
GaPatriot
6:01 pm on Thursday, October 11, 2012
Are you the positivity and negativity police? Do you get to decide what is appropriate speech for Mary?
I did not serve my country in order for you to control the 2nd amendment. If you don't like her comments, don't listen or read.
If fact, there are many countries where speech criticizing government is restricted. I think you might be happier in a place like Russia or Venezuela. Maybe not, you don't want your speech restricted, just the comments YOU decide you do not like.
unclesam
1:59 am on Friday, October 12, 2012
I 2nd the motion !
Brian
3:00 am on Friday, October 12, 2012
No, I'm a homeowner and I don't want someone negatively impacting my property values by exaggerating the kinds of issues that all cities have to the point that people actually avoid Smyrna based on one person's exaggerations. I live in Smyrna but I own property in Atlanta as well, and Smyrna's problems are tiny compared to Atlanta, comparatively speaking.
Michelle
12:25 am on Sunday, October 14, 2012
GaPatriot, I think that is excellent advice...maybe we should all not listen or read each others comments if we don't like it.
BTW..thank you for serving our country.
:)
Observer
5:26 pm on Thursday, October 11, 2012
I wonder if this will dissuade city personnel from acting in a similar fashion in the future?
Probably not, it's just our tax dollars after all.
thomas
6:16 pm on Thursday, October 11, 2012
The city is not the one who settled. Their insurance company agreed to the settlement.
Cunningham
11:12 pm on Thursday, October 11, 2012
I will read the final order, but it is clear that the federal court obviously was about to hold she was right and the City was wrong. The City obviously agreed, or it would not have settled.
You may not like Mary's positions, but you cannot argue that the City settling was an admission that Smyrna was wrong and Mary was right - that is simply a fact of law.
Bark all the B.S. you want, but that is written in stone.
Oscar G.
1:05 pm on Friday, October 12, 2012
Truth.
RODNEY TILLIS
11:19 pm on Thursday, October 11, 2012
i realy want to know who was her attorney
Tony Orlando
12:42 am on Friday, October 12, 2012
Good for her! Bad for the rest of us who have to pay her settlement.
Donna Short-Woodham
1:51 pm on Friday, October 12, 2012
Mary gets $85,000.00 in settlement! Yeah! Freedom to speak one's mind is not against the law. The 55 useless comments above on how a citizen was harrased by the city and then sued... Has anybody counted the new lights on Atlanta Rd near city hall?120 Has anybody wondered how much your tax money was spent on those lights? $4400.00 for the short lights and around $6,680.00 for the taller ones. Mary gets $85,000.00 from her law suit because she was thrown in jail for speaking her mind. The city spends just under a million to light one city block near the city hall/Max Bacons Kingdom! The city has spent around $750,000.00 for 120 lights. Somebody should go to jail for wasted tax dollars! 60 lights and your all still in the dark. 60 lights and you can not see how your tax dollars are wasted. one more thing when you are on a witness stand you have to tell the
truth that is the law,maybe that is why the city settled the lawsuit out of court.
Pepper
6:37 pm on Friday, October 12, 2012
So you use your friend to bash the city once more! Give up Donna! If it were left up to you, people would be left in the dark and the city would be sued for all the muggings due to dark areas!
Brian
1:14 am on Saturday, October 13, 2012
I like the lights. It gives Smyrna a sense of place.
I just hope very soon the city starts focusing on areas other than the Atlanta Rd cooridor. South Cobb Drive has areas in serious need of TLC. Hopefully, spreading the urban renewal down Concord Rd is a prelude to that.
I'm not too worried about the areas on S. Cobb Drive South of Cooper Lake Rd (near where I live) and down near Highland Parkway. I think that area will be revitalized anyway and for most of it, a simple median here and there would do it. I'm more concerned about the areas North of Kings Springs Rd. That's where the greatest attention needs to be put.
Open Your Eyes
3:40 pm on Friday, October 12, 2012
Video of this - http://www.myfoxatlanta.com/story/19800306/woman
Alex
10:00 am on Saturday, October 13, 2012
Brian-
The high-end neighborhoods south of the east west were annexed in. And annexation is exactly that, annexation. It’s inorganic growth. Not growth that came as a result of policy at city hall. The new Kroger shopping center. Minus the Kroger, what other stores are in the center? Belmont Hills. So you consider the entrance to the new school growth? Maybe you’re thinking once Belmont Hills gets built out, then it will help. Ok I can see that. But don’t you think BH needs to be built first? Haven’t seen earthmovers moving about over there yet have you? Next, the South Cobb Drive Corridor. To much there to try and cram into a cohesive argument here on Patch. Suffice it to say, that area looks the same as it did in 1988. And what is the city doing about that? Nothing. Not a thing.
For me, I don’t call it growth when a street gets repaved or a shopping complex gets renovated. I see growth when I see businesses choosing to relocate here, when I see an area fundamentally transformed. I see evolution when you can see policies being set forth by city hall being adapted to the environment the game is being played in.
And Pepper, bless your heart. I hope you have a great day today in the herd.
Angela Chao
4:39 pm on Saturday, October 13, 2012
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