Williams v. Posey

OWENS, District Judge:

Plaintiff has sued the City of Albany and several of its police officers under 42 U.S. C.A. § 1983 for violations of his constitutional rights occasioned by a beating he allegedly suffered at the hands of the police officers. The City has moved for summary judgment on the ground that the plaintiff failed to give it ante litem notice of the claim as required by Ga.Code Ann. § 69-308. The motion presents the question of whether Georgia’s ante litem notice requirement is applicable to lawsuits in federal courts brought under federal civil rights statutes. This is a question…