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Atlanta Attorney at Law Magazine featuring prominent attorneys

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son just could not understand<br />

the Crips, the Bloods<br />

and, the other gangs who<br />

infested the jail.<br />

Before, Deputy Sheriff<br />

Carter was appointed<br />

to his position he was the<br />

head of the courts for the<br />

department. Equal to Chief<br />

Nelson on the executive<br />

chart. He testified when<br />

he was promoted to Deputy<br />

Sheriff, Nelson then<br />

was ordered to report to<br />

him now and not Sheriff<br />

Jackson. He further confirmed<br />

the defense theme by telling the jurors, “Nelson was not<br />

interested in the people.” “He was not a leader”. Carter was now<br />

making out Nelson’s work schedule. This would have been starting<br />

in late June. Before this time Nelson testified Sheriff Jackson<br />

assured him he set his hours and could work weekdays and have<br />

weekends off. Deputy Carter gave him a month’s schedule with<br />

multiple back to back hour days. Someone without sleep apnea<br />

would have trouble with.<br />

Sheriff Jackson took the stand as the final witness and testified<br />

for many hours and never had any good things to say about Nelson.<br />

During cross the judge admonished the Sheriff to answer<br />

the question many times. Not even when plaintiff ’s attorney presented<br />

the federal court Monitor’s written report in July: Calvin<br />

Lightfoot wrote, “The Sheriff is to be commended for appointing<br />

Fulton County Government<br />

Payouts for Reverse Discrimination.<br />

Source AJC April, 2013<br />

No other core metro county, nor the city of Atlanta, has<br />

a workforce demographics so divergent from the people it<br />

serves. There are indications that the imbalance is exacerbating<br />

resentments in a county polarized along racial lines and<br />

leading to discriminatory employment practices that are costing<br />

taxpayers millions of dollars in lawsuit payouts.<br />

1.2 million in 2013 snubbed for a job being white and male.<br />

1.5 million when the former Human Services Deputy Director<br />

lost a director’s job to a black woman in 2007. A federal<br />

jury found in his favor.<br />

18 million in 2003 to settle a lawsuit alleging that seven<br />

white librarians were demoted and moved to outlying branches<br />

and that one black employee was punished for speaking up<br />

against the transfers.<br />

1 million in 2000 eighteen Fulton County Sheriff ’s Department<br />

staff won a reverse discrimination case in federal court.<br />

Portion of Monitor’s Calvin Lightfoot’s report.<br />

Chief Nelson”. The report when on to state; The Monitor acknowledges<br />

the professional and progressive administration<br />

of Chief Jailer, Dennis Nelson. The Sheriff ’s story told to<br />

the jury was Nelson was actively seeking the position and<br />

only met once. Further, the Sheriff worked with Nelson sister<br />

in the U.S. Attorneys Office and she vouched for him.<br />

The jury did not here the rebuttal testimony of Didi Nelson<br />

who told the magazine, “ The Sheriff actively recruited her<br />

brother for weeks until he finally excepted the Chief Jailer<br />

position”. The magazine confirmed with County Attorney<br />

Patrise Perkins-Hooker the position was not posted and<br />

there were very, very few people qualified for the position.<br />

When pressed did not give one name of another who was<br />

interviewed for the job and, left the impression there was not<br />

even a second person considered.<br />

The jury verdict found Nelson was disabled under the<br />

American with Disability Act but found the Sheriff accommodated<br />

his disability and did not retaliate against him. A<br />

juror who spoke with the magazine had these comments.<br />

The jurors were split 6 – 2 on all four questions. The 2 varied<br />

based on the questions. Jurors felt the enormity of the case.<br />

But, ultimately reached a unanimous decision on all questions<br />

based on finding Nelson did not work the greater hours<br />

necessary to do the job during that strenuous time of being<br />

under a consent decree.<br />

Judge William S. Duffey on one of the last days of the trial<br />

gave Sheriff Jackson outside the courtroom these words of<br />

encouragement, “This, too, shall pass.”<br />

Now, Mark Adger, Chief Jailer and thirty year veteran of<br />

the Sheriff ’s Department sets his own hours and primarily<br />

works the day shift. Deputy Chief Carter no longer makes<br />

out a multi-shift schedule for the Chief Jailer. Sheriff ’s Jackson’s<br />

para-military executive staff has twelve persons of<br />

whom one is white. Dennis Nelson back in 2010 was the one.<br />

Juror number one in the jury pool, his prejudice, was having<br />

one brother who has sleep apnea disability.<br />

References:<br />

1. NPR Transcript 9-15-2016 The racial cleansing.<br />

16 | www.atlantaattorneymagazine.com

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