Augusta/Richmond County Sheriff Richard Roundtree claims “sovereign immunity” and “qualified immunity” in the latest open records lawsuit against the sheriff in an attempt to have the case dismissed.
The suit stems from a situation that occurred on March 25 when an off-duty sergeant with the Burke County Sheriff’s Office was arrested in Augusta following a bizarre confrontation with a Richmond County deputy, according to a BCSO press release.
The press release of the time stated, “This evening, March 25, 2023 shortly after 8 p.m., Sgt. Allen Crispin was attending an event in Augusta at the Augusta Commons when he witnessed an act of physical child abuse. Preliminary findings revealed Crispin, his wife and brother-in-law heard an infant crying, and they looked in the direction of the cry to investigate the matter when they saw an adult Hispanic male slap the infant child in the face.”
When Crispin tried the report the alleged abuse to Richmond County Sgt. Ty Hester, who was working a special at the event, a verbal altercation ensued, and Crispin was taken into custody on a charge of disorderly conduct.
According to the press release, Crispin had to seek medical attention for injuries sustained in the arrest. There is no indication in the release that Crispin attempted to fight back while being taken into custody.
Early indications were that not only was there body cam footage of the arrest, but several witnesses recorded the arrest as well.
Roundtree refused to release the video footage, despite numerous requests, claiming that an investigation was ongoing.
According to Joe Edge, publisher of The Augusta Press and plaintiff in the lawsuit, it appeared to him that Roundtree was trying to create his own “dead docket” and prevent the information from ever being released by never closing the investigation.
The response filed by Roundtree on May 3 in Superior Court does not state the investigation has been closed, but it asserts immunity since the sheriff is personally named in the suit.
Sovereign and qualified immunity are legal concepts that protect government employees and elected officials from being prosecuted civilly for accurately performing their job duties.
According to Cornell Law School, the U.S. Supreme Court case in Pearson v. Callahan stated that “(Q)ualified immunity balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably.”
In other words, Roundtree is asking the court to dismiss the case because having to address a legal open records request amounts to a form of harassment.
“That is unsubstantiated, as all public officials are subject to the Open Records Act,” David Hudson, attorney for The Augusta Press, said.
Roundtree’s response also claims that the lawsuit is “barred by applicable statutes of limitations.”
While the Open Records Act does present timelines for the timely release of materials, the Act contains no language stating that open records are subject to a statute of limitation.
Edge says that Roundtree’s response is an example of why the open records laws are in need of a review and revisions.
“Unfortunately, the penalties that can be imposed are very weak, and the taxpayers are the ones to bear the brunt of defending the case,” Edge said.
Scott Hudson is the Senior Investigative Reporter and Editorial Page Editor for The Augusta Press. Reach him at scott@theaugustapress.com
