The family of a Georgia church deacon who died after a scuffle with a police officer following a minor car crash has filed a wrongful death lawsuit against a tow truck driver they allege contributed to the man's death.
The lawsuit, filed Monday, claims that the tow truck driver straddled Johnny Hollman Sr.'s head and neck during the altercation, "appearing to sit with his full body weight" on Hollman's body.
Hollman, 62, was driving home from Bible study when his vehicle collided with another car while turning across a busy street in Atlanta. Officer Kiran Kimbrough responded to the scene and quickly determined Hollman was at fault. Hollman disputed the officer's assessment, leading to a physical confrontation.
Body camera footage released last month shows Hollman struggling with Kimbrough on the ground. Hollman repeatedly says, "I can't breathe," and Kimbrough uses a Taser to subdue him.
Moments later, the tow truck driver arrives and intervenes in the altercation. The lawsuit alleges that the driver "forcefully grabbed" Hollman's arm and "straddled the citizen's head and neck, appearing to sit with his full body weight on the citizen's head and neck" for at least 20 seconds while handcuffs were placed on Hollman.
Hollman was later pronounced dead at a hospital. An autopsy concluded that his death was a homicide, with heart disease listed as a contributing factor.
The family's lawsuit accuses the tow truck driver of negligence and recklessness, claiming his actions contributed to Hollman's fatal injuries. They are seeking a jury trial and unspecified damages from the driver and his employer, S&W Services of Atlanta.
S&W Services has declined to comment on the lawsuit.
Kimbrough was fired from the Atlanta Police Department in October for violating department policy by not waiting for a supervisor to arrive before arresting Hollman. Kimbrough's attorney maintains that the officer acted appropriately and has appealed his dismissal.
Hollman's family has called for both Kimbrough and the tow truck driver to be arrested and charged in connection with Hollman's death. The Georgia Bureau of Investigation has completed its investigation and forwarded its findings to Fulton County District Attorney Fani Willis, who will determine whether to pursue criminal charges.
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