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Judge allows defamation lawsuit against former Atlanta police chief by protester to go forward

A federal judge has denied the former Atlanta police chief's attempt to dismiss a lawsuit claiming that he falsely identified an arrested protester as a violent criminal connected with gangs.

Rodney Bryant, who led the city's police force from 2020 to his retirement in the summer of 2022, had asked the U.S. District Judge to rule that he was protected by official immunity and that his statements during a 2020 presser were privileged. Instead, Judge J.P. Boulee ruled that the defamation case could move forward.

Bryant, an Atlanta native, joined the department in 1988 and rose to become a major in 2010 and a deputy chief in 2014. Bryant was named the department's interim chief in June 2020 after the resignation of Chief Erika Shields following an officer's fatal shooting of Rayshard Brooks. About a year later, Bryant was named permanent chief by former Mayor Keisha Lance Bottoms. 

Ricardo Haro, the plaintiff in the case, originally filed the lawsuit against Bryant and the City of Atlanta in 2021. While that case was dismissed in 2024, he refiled a year later, focusing on the defamation claim.

In his lawsuit, Haro claims that he was arrested while protesting police brutality for a curfew violation and battery on a police officer, the latter because he spat on an FBI agent. Ten weeks after the arrest, Bryant joined members of the FBI and the United States attorney for the Northern District of Georgia as part of "Operation Phoenix," an attempt to reduce violent crime.

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Atlanta Police Chief Rodney Bryant speaks at a press conference on March 17, 2021. Megan Varner / Getty Images

At an Oct. 29, 2020, press conference discussing the operation, Bryant and city officials announced the arrest of 12 people described as being "responsible for the most violent crimes in the City of Atlanta." During the press conference, Bryant described those arrested as "repeat violent offenders."

Haro was named in the release co-published at the same time, despite his arrest happening before the operation began. His lawyers contend that the 20-year-old was not "responsible for the rise in murders, gun trafficking, or other violent crime during COVID."

Boulee ruled that Bryant's request to dismiss the case over arguments he was immune because he did not act with "actual malice or actual intent to cause injury."

"Defendant argues that Plaintiff cannot show actual malice because he 'simply recited information provided to him from the [FBI] and his team.' In the Court's view, Defendant's argument misconstrues and ignores some of Plaintiff's allegations," the judgment reads. "Critically, Plaintiff alleged that Defendant 'knew unequivocally' that Plaintiff "had no prior violent criminal history arrest, and no gang affiliation,' yet conveyed contrary information anyway."

The judge also denied requests by the former police chief on the grounds of jurisdiction and that his statements were privileged.

Haro is asking a jury to grant him compensatory damages of more than $75,000 as well as punitive damages and attorneys' fees.

Boulee has not requested that both sides submit a preliminary report and plans for discovery in the next two weeks.

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