Davis Bozeman Johnson Law

A T T O R N E Y S & C O U N S E L O R S A T L A W
DECATUR | STATESBORO | SAVANNAH
4153-C FLAT SHOALS PARKWAY, SUITE 332, DECATUR, GEORGIA 30034

MAWULI MEL.DAVIS DIRECT DIAL: 404-244-2004

ROBERT O. BOZEMAN DIRECT FAX: 404-244-2020
FRANCYS JOHNSON
HAROLD W. SPENCE
ROODGINE D. BRAY

January 25, 2023

(Via Federal Express Airbill No. 8176.5604.0000 and First Class U.S. Mail)
Honorable Van R. Johnson, II
Mayor, City of Savannah
Savannah City Hall, 2nd Floor
2 East Bay Street
Savannah, Georgia 31401

Re: Demand for the Death of William Zackary Harvey

Date of Death: April 3, 2023

Dear Mayor Johnson:

This letter is sent to make a demand of the City of Savannah for the in-custody death of
William Zackary Harvey, age 60, who died by-suicide, on April 3, 2021, while in the interview
room of the City of Savannah’s Police Department. This demand is sent for a needless death that
was inarguably preventable and for which the City of Savannah bears both legal and moral
responsibility.

Mr. William Harvey’s death is illustrative of the frequent and disturbing inability of law
enforcement agencies across the country to protect individuals whom they encounter who are
experiencing a mental health crisis. Experiencing a mental health episode should not consign
citizens, like Mr. Harvey, to a death sentence.

What makes Mr. Harvey’s death so disturbing is that City of Savannah law enforcement
officers had several easy opportunities to prevent his death that required very little of them, but
failed Mr. Harvey at every turn. The actions and decisions by the involved City of Savannah police
officers were not complicated by any tense, dangerous encounter with Mr. Harvey or the need to
make spontaneous life or death judgments. Instead, Mr. Harvey’s conduct toward every Savannah
law enforcement officer he encountered on April 2, 2021 and April 3, 2021, was by any measure,
non-violent, cooperative, and non-threatening. Why then, did Mr. William Harvey die on April 3,
2021? This demand tells that story.

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 At the outset, it should be noted that Mr. Harvey’s death did not result solely from actions
and decisions by individual Savannah police officers, but reflects more fundamental systemic
deficiencies in the City’s Police Department and its governance.

The fact that Mr. Harvey died by suicide in the Savannah Police Department interview
room is significant and is the linchpin of the City of Savannah’s legal liability. Mandatory Police
Department policies in place at the time Mr. Harvey was taken to the interview room included the
following:

1. Cpl. Leuschner (the officer who interviewed Mr. Harvey) was required to make sure that
the video camera system in the interview room was in good working order prior to the
commencement of her interview with Mr. Harvey – however, Cpl. Leuschner took no such
action;
2. Cpl. Leuschner was required to make sure that the video camera system was actually turned
on in the interview room – however, Cpl. Leuschner took no such action;
3. Cpl. Leuschner was required to make sure that the video camera system was activated
during Mr. Harvey’s interview – however, Cpl. Leuschner took no such action;
4. Another investigator was required to monitor the video camera surveillance system during
Mr. Harvey’s interview – however, there was no investigator monitoring the video camera
surveillance system during Mr. Harvey’s interview;
5. Cpl. Leuschner was required to make sure that Mr. Harvey was never left alone while he
was in the interview room – however, at least twice, Cpl. Leuschner left Mr. Harvey alone
in the interview room;
6. When Cpl. Leuschner left the interview room she closed the door and left Mr. Harvey alone
inside;
7. Cpl. Leuschner left two officers [Matthew White and Rodheem Greene] outside the closed
door of the interview room, while leaving Mr. Harvey alone inside;
8. Cpl. Leuschner instructed White and Greene to check on Mr. Harvey if they heard anything
from inside the interview room;
9. Cpl. Leuschner did not instruct White and Greene to periodically check on Mr. Harvey;
and
10. By the time White and Greene checked on Mr. Harvey he was dead, having hung himself
with one of his shoestrings while in the interview room.
11. [The above acts also constitute violations of ministerial duties for the purpose of the ante
litem notice provided herein by Mr. Harvey’s estate].
Had any of the above-referenced policies been followed, Mr. Harvey would not have died
on April 3, 2021.

Cpl. Silver Leuschner, Officer Matthew White, and Sgt. Michael Kerr were ultimately
disciplined for their involvement in Mr. Harvey’s death.

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 Mr. Harvey Demonstrated a Strong Likelihood of Engaging in Serious Bodily Harm

The facts of this tragic occurrence show that Mr. Harvey had been arrested in the early
evening hours of April 2, 2021 for a highly debatable aggravated assault (involving a knife), in
which the victim advised Savannah police that he had been injured as a result of an accident.
Following Mr. Harvey’s arrest, he was taken to the Savannah Police Department interview room
to be questioned about the alleged crime for which he was being held. However, by the time Mr.
Harvey was taken to the interview room, he had provided Savannah police officers a clear
indication of his suicidal mental state.

Mr. Harvey commented [to Officer Matthew White], before being taken to Police
Headquarters, that he was going to cut himself if he was detained. Officer White also heard Mr.
Harvey say while still at the scene [a gas station] that, “I can’t go back to jail.”

While in the interview room, Mr. Harvey made the following statements indicating the
strong likelihood that he might engage in serious self-harm:

1. Cpl. Leuschner described Mr. Harvey as mumbling and emotional during the interview;
2. Mr. Harvey described himself to Cpl. Leuschner as a paranoid schizophrenic;
3. Mr. Harvey described himself to Cpl. Leuschner as having anxiety;
4. Mr. Harvey described himself to Cpl. Leuschner as “really depressed.”
5. Mr. Harvey advised Cpl. Leuschner that he was taking Zoloft for depression;
6. Cpl. Leuschner stated that Mr. Harvey was crying during the interview;
7. Officer White stated that from outside the door he heard Mr. Harvey crying during the
interview with Cpl. Leuschner;
8. Mr. Harvey told Cpl. Leuschner that he would rather die than go to jail;
9. Mr. Harvey told Cpl. Leuschner that police would have to kill him before he would
go back to jail;
10. Mr. Harvey told Cpl. Leuschner that she could not understand how “hurtful” his pending
arrest was to him;
11. Mr. Harvey told Cpl. Leuschner that he had not been in trouble in two and one half years;
12. Mr. Harvey expressed concern to Cpl. Leuschner that his mother would be upset by his
pending arrest;
13. Mr. Harvey expressed concern to Cpl. Leuschner that his parole officer would be upset by
his pending arrest;
14. According to Cpl. Leuschner, Mr. Harvey yelled unintelligibly;
15. According to Cpl. Leuschner, Mr. Harvey was very upset;
16. Officer White described Mr. Harvey as being loud and emotional;
17. Officer White heard Mr. Harvey say, while in the interview room, “I can’t go back to jail”;
and
18. Mr. Harvey forcefully banged his head on the table in the interview room while Cpl.
Leuschner was present in the interview room.

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 How Mr. Harvey Died
The Savannah Police Department called in the Georgia Bureau of Investigation to
investigate how Mr. Harvey died. The GBI investigation revealed that Mr. Harvey died in the
following manner.
When White and Greene opened the door to the interview room, they observed one end of
a shoe string around Mr. Harvey’s neck. White and Greene observed that the other end of the shoe
string was tied to a whiteboard. The top of the whiteboard was six (6) feet, three (3) inches from
the floor. The bottom of the whiteboard was three (3) feet, three (3) inches from the floor. The
whiteboard had a brown in color metal anchor point, used for securing handcuffs. The handcuff
anchor was one (1) foot, ten (10) inches from the floor. Mr. Harvey was described as “tipped over
and unconscious,” without a pulse.
White observed that Mr. Harvey appeared to be in a squatting position, just above the seat
level with his back against the wall. White further observed that Mr. Harvey’s head was turned to
one side and his tongue hanging out. White and Greene then began performing CPR on him.
Greene then called for EMS and a Sergeant. EMS applied a cardiac monitor to Mr. Harvey, but it
showed no heart rhythm. Mr. Harvey never regained a pulse or otherwise showed any sign of life.
The Autopsy of William Harvey’s Body

The autopsy of William Harvey’s body was performed on April 5, 2021 by the Georgia
Bureau of Investigation’s Division of Forensic Sciences. The autopsy examination showed that
the sixty (60) year old Mr. Harvey was five (5) feet, four (4) inches in height and weighed one
hundred twenty-three (123) pounds. The autopsy report concluded that William Harvey’s cause
of death was hanging. The autopsy report concluded that the manner of William Harvey’s death
was suicide.
According to the autopsy report, Mr. Harvey presented with a white shoestring around his
neck. The white shoe string was measured to be 0.15 inches wide and was secured by a slip knot.
A fixed loop was located on the opposite end of the shoelace and was 2.0 inches in diameter. A
ligature mark with abrasion, 0.2 inches wide, completely encircled Mr. Harvey’s neck. The
autopsy report described the ligature mark as being at its lowest point on the front of Mr. Harvey’s
neck. On the left side of Mr. Harvey’s neck, the ligature mark rises and passes 1.2 inches beneath
the left earlobe. The ligature mark rises to its highest point on the back side of Mr. Harvey’s neck.
The ligature mark courses forward and downward on the right side of the neck, passing 1.2 inches
below the right earlobe and terminating at the front of the neck.
A brown paper bag, containing Mr. Harvey’s personal effects, was presented to the medical
examiner. Among the items in the brown paper bag were two (2) gray shoes with the right shoelace
removed. According to the medical examiner’s physical examination, Mr. Harvey had multiple,
brown abrasions, measuring from 0.1 inches to 0.3 inches, on the right forehead, the bridge of the
nose, and the medial right eye. Further, according to the medical examiner’s physical examination,
Mr. Harvey had a slanting brown abrasion, 0.3 inches by 0.1 inches, on the left cheek.

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 The autolpsy report does not indicate how long it would have taken a shoe string to end
Mr. Harvey’s life. Neither does it indicate how painful such a death would have been. It is not
difficult to imagine that such a mechanism of death would have produced an excruciating end.
Toxicology Examination
Cpl. Leuschner and Officer White were both aware that Mr. Harvey had been drinking at
the time they encountered him. They were also aware that the alleged victim of the assault was
intoxicated.
The toxicology examination of Mr. Harvey’s femoral blood showed that he had ethyl
alcohol in his system in the amount of 0.107 grams per 100 mL. Generally, a level of 0.10 – 0.12
grams per 100 mL results in an obvious physical impairment and loss of judgment.
The toxicology examination of Mr. Harvey’s femoral blood showed that it was positive for
cocaine, but at a level “lower than the lowest calibration of 50 micrograms/liter.” Mr. Harvey’s
femoral blood was also positive for cocethylene (44 micrograms/liter). Cocethylene is formed by
the liver when cocaine and ethyl alcohol coexist in the blood. Mr. Harvey’s femoral blood was
positive for benzoylecgonine (0.90 mg/L). Benzyoylecgonine is the main metabolite of cocaine.
Finally, Mr. Harvey’s femoral blood was positive for sertraline. Sertraline is an anti-depressant
sold under the brand name Zoloft, among others.
Notice of Strong Likelihood of Serious Self-Harm
As enumerated above, Mr. Harvey made numerous statements to Cpl. Leuschner, some of
which were heard by White, that showed a strong likelihood that Mr. Harvey might engage in
serious self-harm, including suicide. As also set forth above, Mr. Harvey engaged in acts of serious
self-harm in Cpl. Leuschner’s presence that showed a strong likelihood that he might engage in
serious self-harm, including suicide.
Notwithstanding these acts of self-harm and foreboding statements by Mr. Harvey,
including references to the various mental health conditions from which he suffered, Defendant
Leuschner dismissed them, stating to Mr. Harvey in response – “Okay, but do any of those medical
conditions keep you from talking to me.” Every reasonable law enforcement officer would have
been put on notice by the various statements that Mr. Harvey made of the strong likelihood that he
might engage in serious self-harm, including suicide. Every reasonable law enforcement officer
would have been put on notice by Mr. Harvey’s actions involving self-harm committed in
Defendant Leuschner’s presence of the strong likelihood that he might engage in serious self-harm,
including suicide.
Cpl. Leuschner instructed White and Greene to check on Mr. Harvey because she was
likely aware, based on statements he made to her, of the strong likelihood that he might engage in
acts of serious self-harm, including suicide. Cpl. Leuschner instructed White and Greene to check
on Mr. Harvey because she was likely also aware, based on acts of self-harm Harvey undertook in
her presence, of the strong likelihood that he might engage in acts of serious self-harm, including
suicide.

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 Two Separate Investigations

The City of Savannah conducted two separate investigations as a result of Mr. Harvey’s
death. The first investigation was conducted by the City of Savannah’s Police Department and
examined the circumstances of Mr. Harvey’s death and sought to ascertain whether there had been
any violations of policy or law by the City of Savannah’s police officers that caused or contributed
to the death of Mr. William Zackary Harvey.

The second investigation was conducted by the City of Savannah’s Police Department and
looked at the circumstances under which a GIF/meme depicting a black man hanging himself was
circulated through the City of Savannah’s Police Department following Mr. Harvey’s death (“the
hanging GIF/meme”).
The First Investigation
The first investigation, examining the circumstances of Mr. Harvey’s death, resulted in
disciplinary action against three members of the City of Savannah’s Police Department – Cpl.
Silver Leuschner (terminated from employment); Sgt. Michael Kerr (terminated from
employment); and Officer Matthew White (suspended from employment).
Cpl. Silver Leuschner
1. Cpl. Silver Leuschner was formerly a corporal with the City of Savannah’s Police
Department.

2. Cpl. Leuschner was fired by the City of Savannah’s Police Department in response to the
death of William Harvey.

3. Cpl. Leuschner was terminated by a disciplinary review board.

4. Cpl. Leuschner was terminated by a disciplinary review board for violating: a) criminal
investigation policy; b) employee responsibility; c) oath of office ethics and conduct; and
d) video/audio recording equipment.

5. Cpl. Leuschner appealed her termination from the City of Savannah’s Police Department.

6. Cpl. Leuschner’s termination was upheld.

Sgt. Michael Kerr
7. Sgt. Michael Kerr was formerly a Sergeant with the City of Savannah’s Police Department.

8. Sgt. Michael Kerr was fired by the City of Savannah’s Police Department in response to
the death of William Harvey.

9. Sgt. Kerr was terminated by a disciplinary review board.

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 10. Sgt. Leuschner was terminated by a disciplinary review board for violating supervisory
responsibility.

11. Sgt. Kerr appealed his termination from the City of Savannah’s Police Department.

12. Sgt. Kerr’s termination was upheld.

Officer Matthew White
13. At all times relevant herein, Officer Matthew White was an officer with the City of
Savannah’s Police Department.

14. Officer White was suspended by the City of Savannah’s Police Department.

15. Officer White was suspended by the City of Savannah’s Police Department in response to
the death of William Harvey.

16. Officer White was suspended by a disciplinary review board.

17. Officer White was suspended by a disciplinary review board for violating: a) employee
responsibility; and b) oath of office ethics and conduct.
Failure to Seek Medical/Mental Health Care for Mr. Harvey
Policies of the City of Savannah’s Police Department, then in effect, provided that “[t]he
arresting officer is responsible for the safety and protection of the arrested person while in his/her
custody. Cpl. Leuschner was required to ensure that Mr. Harvey was given the opportunity for
medical care (SPD ADM-004 10.02; SPD ADM-004 DD).
Mr. Harvey’s suicidal statements and his self-infliction of harm by banging his head on the
table coupled with his demonstrated mental health conditions required Cpl. Leuschner, Officer
White, and the other involved officers to comply with the policy of Savannah General Order
regarding Crisis Intervention, MENTAL ILLNESS RECOGNITION (CALEA 41.7.7a).
Specifically, it provides that “[i]t is imperative that officers be aware of the following universal
behaviors that are strong indicators of an altered mental state: They may behave in a way dangerous
to themselves or to others” (SPD OPS-014 1.A).
Here, as discussed in detail above, Mr. Harvey made repeated statements consistent with
serious self-harm and engaged in the physical acts of forcefully banging his head on the table,
making it incumbent on the officers interacting with him to seek medical attention for needs that
were obvious. It is also incumbent on an officer encountering an in-custody individual exhibiting
symptoms of being mentally ill or an impaired person to: Take time to evaluate the situation. Cpl.
Leuschner failed to evaluate the situation as evidenced by her willingness to at least twice leave
Mr. Harvey alone and without direct supervision. (SPD OPS-014 41.2.7c).

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 Cpl. Leuschner failed to properly evaluate (if at all) the situation and provide Mr. Harvey
with “crisis intervention service in a safe and timely manner” (SPD OPS-014 2.C). The failure by
Leuschner and White to summon medical assistance for Mr. Harvey was a proximate cause of Mr.
Harvey’s death.
Deliberate Indifference to Mr. Harvey’s Serious Medical Needs
Based on her personal interaction with Mr. Harvey, Cpl. Leuschner was aware of the strong
likelihood that Mr. Harvey would engage in serious self-harm, including suicide. Mr. Harvey
made repeated statements about his dread of going to jail and what he would do to avert that
prospect. Those statements included at least twice referring to taking his own life. Also, while in
the interview room, Mr. Harvey forcefully banged his head on a table, evidencing firsthand, his
willingness to inflict serious harm to himself.
Based on his personal interaction with Mr. Harvey, including hearing Mr. Harvey during
Cpl. Leuschner’s interview with him, Officer White was aware of the strong likelihood that Mr.
Harvey would engage in serious self-harm, including suicide.
The City of Savannah and its officers failed to make sure that Mr. Harvey was never alone
in the interview room. The simple act of making sure that Mr. Harvey was not alone in the
interview room would have saved Mr. Harvey’s life. Moreover, having another person in the room
might have altogether discouraged Mr. Harvey from attempting to take his own life. Having
another person in the room would have allowed that person to physically challenge any effort by
Mr. Harvey to take his own life.
With no camera surveillance monitoring of the interview room, it was even more
incumbent on those in close physical proximity to Mr. Harvey to make certain he was never in the
interview room alone. The Defendants were aware that they had failed to comply with rules and
regulations of the City of Savannah’s Police Department and knew that these failures put Mr.
Harvey at greater risk as their failures would provide him with the opportunity to carry out his
expressed intent of seriously harming himself, including taking his own life.
The actions of Cpl. Leuschner and Officer White amount to more than mere policy
violations as they knowingly failed to protect Mr. Harvey when they knew there to be a strong
likelihood based on his words and actions that he might engage in the infliction of serious self-
harm, including suicide. The purpose of the duties imposed by the cited policies of the City of
Savannah’s Police Department is to decrease the likelihood of self-harm or suicide by a suspect
and to increase the chances for a detective/officer to intervene in the event a suspect attempted to
inflict serious self-harm, including attempting suicide.
Leuschner and White failed to take actions easily within their control that could have saved
Mr. Harvey’s life, yet they deliberately did not take any action to prevent his suicide. It has long
been clearly established that deliberate indifference to a serious risk of harm, as alleged herein,
violates the United States constitution.

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 Violation of Mr. Harvey’s Federal Constitutional Rights
Pretrial detainees, like Mr. Harvey, have the right to receive medical treatment for illness
and injuries, which encompasses a right to psychiatric and mental health care, and a right to be
protected from self-inflicted injuries, including suicide. The failure to provide such medical
treatment to Mr. Harvey constituted a violation of Mr. Harvey’s constitutional rights.
The Due Process Clause of the Fourteenth Amendment guarantees pretrial detainees the
right to basic necessities that the Eighth Amendment guarantees convicted persons. Cook ex rel.
Estate of Tessier v. Sheriff of Monroe County, 402 F.3d 1092, 1115 (11th Cir.
2005) (quoting Belcher v. City of Foley, 30 F.3d 1390, 1396 (11th Cir. 1994)). Pretrial detainees
and other prisoners have the right "to receive medical treatment for illness and injuries, which
encompasses a right to psychiatric and mental health care, and a right to be protected from self-
inflicted injuries, including suicide." Id. (quoting Belcher, 30 F.3d at 1396 (citations omitted))
(internal quotation marks omitted). A prison official may be held liable for failing to prevent harm
to a prisoner if he is deliberately indifferent to the prisoner's health or safety. Farmer v.
Brennan, 511 U.S. 825, 834, 114 S. Ct. 1970, 1977, 128 L.Ed.2d 811 (1994).

To establish liability for a prisoner's suicide under section 1983, "the plaintiff must show
that the jail official displayed `deliberate indifference' to the prisoner's taking of his own
life." Cook, 402 F.3d at 1115 (quoting Cagle v. Sutherland, 334 F.3d 980, 986 (11th Cir. 2003) (per
curiam)) (internal quotation mark omitted). The plaintiff must prove that the official had subjective
knowledge of a risk of serious harm and disregarded that risk by conduct that constituted more
than mere negligence. Snow ex rel. Snow v. City of Citronelle, 420 F.3d 1262, 1268 (11th Cir.
2005) (quoting Cook, 402 F.3d at 1115). "[D]eliberate indifference requires that the defendant
deliberately disregard `a strong likelihood rather than a mere possibility that the self-infliction of
harm will occur.'" Cook, 402 F.3d at 1115 (quoting Cagle, 334 F.3d at 986) (emphasis omitted).
"[T]he mere opportunity for suicide, without more, is clearly insufficient to impose liability on
those charged with the care of prisoners." Tittle v. Jefferson County Comm'n, 10 F.3d 1535, 1540
(11th Cir.1994) (en banc).

Based on the facts and law cited herein, Mr. Harvey’s Estate can present a viable legal
claim for violations of Mr. William Zackary Harvey’s federal constitutional rights, violations that
resulted in Mr. Harvey’s preventable death.

The Second Investigation

The persons involved in the second investigation referred to above, will likely not be named
as Defendants in any subsequent lawsuit, but their actions are illustrative of the racial animus that
rose to the level of policy or practice or that motivated the mistreatment of Mr. Harvey on April
2-3, 2021. The second investigation was triggered as a result of a GIF or meme circulated by
David Curtis (“Curtis”) on the group chat for the police watch for which Curtis worked (B-Watch
of Eastside Precinct). Members of the group chat included, but were not limited to: Christopher
Hewett (“Hewett”); Erica Tremblay (“Tremblay”), and David Curtis.

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 The GIF or meme featured a black man with a rope around his neck, who performed a
gymnastic move, while flipping, then hanging himself. The caption that Curtis wrote, asked, “Is
this too early to send this to Greene?”
Like Mr. Harvey, and the man depicted in the GIF/mem, Greene is black or African-
American, while Curtis is white. Curtis circulated the GIF/meme to the watch chat group on April
7, 2021, a mere four (4) days after Mr. Harvey’s death.
The hanging GIF or meme came to the attention of the Savannah Police Department’s
Internal Affairs Unit on April 26, 2021. Curtis explained to Internal Affairs that when he sent the
GIF/meme to the watch chat group that he was “just laughing at a dark [no pun intended] situation.”
Following his interview with Internal Affairs regarding the GIF/meme, Curtis was placed on
immediate administrative leave.
One white officer who was interviewed by Internal Affairs expressed the opinion that
Curtis had sent the hanging GIF/meme to the wrong chat group and had instead intended to send
it to another chat group composed of white officers only. Even after the inappropriateness of the
GIF/meme should have been apparent to Curtis, he lamented that an Internal Affairs investigation
had been instigated because there was a “blue falcon” or snitch in the chat group to which he had
sent the GIF/meme.
Hewett, one of the recipients of the hanging GIF/meme, was Curtis’s supervisor. While
acknowledging that he received and viewed the GIF/meme, Hewett did not respond to it at all.
Though Hewett was Curtis’s supervisor, he took no action whatsoever against Curtis in response
to the hanging GIF/meme. Neither did Hewett appear to address it with any other persons who
received the hanging GIF/meme. Following his interview with Internal Affairs regarding the
GIF/meme, Hewett was placed on immediate administrative leave.
Tremblay, another of the recipients of the recipients of the hanging GIF/meme, was also
Curtis’s supervisor. Upon receiving the GIF/meme, Tremblay wrote back to the chat group that it
was “too soon” to send the GIF/meme to Greene. Though Tremblay was Curtis’s supervisor, she
took no action whatsoever against Curtis in response to the hanging GIF/meme. Neither did
Tremblay appear to address it with any other persons who received the hanging GIF/meme.
In explaining her inaction during a follow-up interview with Internal Affairs, Tremblay
blamed the City of Savannah’s Police Department, stating that she had never been trained to
supervise, had never been to any leadership classes, and had not been to the LPO (Leadership in
Police Organizations) training. It was due to her lack of training, she contended, that she deferred
to Hewett in any disciplinary-related matters, even though she had exercised supervisory authority
over the watch for two years by the time of the hanging GIF/meme incident. Following her
interview with Internal Affairs regarding the GIF/mem, Tremblay was placed on immediate
administrative leave.
The second investigation, examining the hanging GIF/meme, resulted in disciplinary action
against three members of the City of Savannah’s Police Department – Sgt. Christopher Hewett

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(terminated from employment)t; Cpl. Erica Tremblay (terminated from employment); and Officer
David Curtis (terminated from employment).
A Pattern of Disparate Treatment Based on Race
Several officers interviewed by Internal Affairs in connection with the hanging GIF/meme
stated that Sgt. Hewett’s non-reaction to it was not a surprise as he had a demonstrated pattern of
treating minority officers less civilly and less fairly than he treated non-minority officers. Also,
officers interviewed by Internal Affairs in connection with the hanging GIF/meme stated that the
failures by supervisors Hewett and Tremblay to take any action was not a surprise, as both had a
demonstrated pattern of acting as if minority officers didn’t fit in and diminished the “feng shui”
of the unit.
One of the officers interviewed by Internal Affairs offered the opinion that the racial
animus that existed, from the B-Watch supervisors, contributed in part to no action being taken by
the supervisors with respect to the hanging GIF/meme.
Tremblay admitted to Internal Affairs that there was a separate chat group created [that
included white officers only] where they “essentially vented or expressed their concerns about
Officer Greene” (a black officer). Tremblay stated that she was the only supervisor who was a
member of this chat group. Though both are supervisors on their police watch, Hewett and
Tremblay participated in police chat groups for their watch that excluded black officers and
included only white officers.
Upon information and belief, Defendant City of Savannah was aware of the racial animus
some of its white officers held for black officers and for black suspects with whom they interacted.
Also, upon information and belief, this racial animus was reflected in how certain white police
officers, including Cpl. Leuschner, dealt with black suspects. Further, upon information and belief,
this racial animus was reflected even in the failure of certain white police officers, to adhere to
purely ministerial duties with respect to black suspects.
Americans With Disabilities Act and Rehabilitation Act of 1973
The Estate of William Harvey also intends to bring legal claims based on the City of
Savannah’s violation of the Americans With Disabilities Act and the Rehabilitation Act of 1973,
enactments that would have required the City to make reasonable accommodations to persons with
disabilities, such as Mr. Harvey.
Mr. Harvey was disabled within the meaning of the Americans with Disabilities Act
(“ADA”), 42 U.S.C. § 12131(2), because he had a mental impairment that substantially limited
one or more of his major life activities. By virtue of statements he made on April 2-3, 2021 and
acts of self-harm he engaged in on those dates, Mr. Harvey should have been regarded by every
law enforcement officer as disabled. The City of Savannah and its law enforcement administrative
officers were at all times relevant herein, responsible for overseeing the City of Savannah’s Police
Department and to ensure that suspects brought to police headquarters to be interviewed are
protected from inflicting serious self-harm, including suicide.

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 More specifically, the City’s Chief of Police acts as an arm of the City of Savannah insofar
as he sets policy and oversees practices which relate to protecting suspects brought to police
headquarters to be interviewed from inflicting serious self-harm, including suicide. As detailed in
the factual allegations above, the officers involved in Mr. Harvey’s encounter at Savannah’s Police
headquarters acted with discriminatory animus resulting from the fact that Mr. Harvey
demonstrated impulses to inflict serious self-harm, including suicide.
Specifically, these individuals acted with discriminatory animus by placing Mr. Harvey in
a circumstance where he was not protected from his suicidal impulses. To whatever extent Mr.
Harvey was a person with suicidal impulses, he should have been provide accommodations to
protect him from himself, and such accommodations could have been provided without
constituting a substantial alteration in the services provided by the City of Savannah’s Police
Department. For example, Mr. Harvey could have been monitored by an investigator on the Police
Department’s video surveillance camera system, or he could have had someone placed in the
interview room with him – both of which were already required by policies of the City of
Savannah’s Police Department.
Mr. Harvey should have been provided with monitoring and accompaniment in the
interview room, but was denied these opportunities at Police Department headquarters. Those
individuals who decided Mr. Harvey’s interview room conditions acted with discriminatory
animus because of his race and mental health challenges, and their decisions were based upon
negative associations, biases, and prejudices against individuals such as Mr. Harvey.
Ante-Litem Notice
NOTICE OF POTENTIAL CLAIM / IMPENDING LAWSUIT

Pursuant to provisions of O.C.G.A. § 36-33-5, this letter will serve as written notice of a
potential claim, and the following information is provided as required by law:

A. This ante litem notice pertains to claims by Mr. William Harvey’s Estate for his conscious
pre-death pain and suffering, funeral expenses, and burial expenses;
B. Mr. Harvey’s Estate has not yet been created and as such, is unrepresented;
C. O.C.G.A. § 9-3-92 provides for a five-year tolling period in favor of an unrepresented
estate. As such, the tolling period for Mr. Harvey’s estate claims extends to April 3, 2026;
D. O.C.G.A. § 9-3-92 provides as follows: “The time between the death of a person and the
commencement of representation upon his estate or between the termination of one
administration and the commencement of another shall not be counted against his estate
in calculating any limitation applicable to the bringing of an action, provided that such
time shall not exceed five years. At the expiration of the five years the limitation shall
commence, even if the cause of action accrued after the person’s death."
E. This is a claim against the City of Savannah and others for the above-described acts which
serve as the basis of this claim;
F. The date and time of the occurrence are April 3, 2021 at approximately 1:42 a.m. (see
death certificate attached hereto as Exhibit “A”);
G. The place of the occurrence: City of Savannah Police Headquarters, Third Floor Interview
Room – 201 Habersham Street, Savannah, Chatham County, Georgia 31401;

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 H. The acts which may have caused or contributed to the injuries, harms, and losses for which
damages are sought are described above, including ministerial acts 1-10 as cited on page
two (2) of this demand;
I. O.C.G.A. § 36-33-1(b) provides that: “Municipal corporations shall not be liable for
failure to perform or for errors in performing their legislative or judicial powers. For
neglect to perform or improper or unskillful performance of their ministerial duties, they
shall be liable.”
J. “A ministerial act is commonly one that is simple, absolute, and definite, arising under
conditions admitted or proved to exist, and requiring merely the execution of a specific
duty,” Weaver v. City of Statesboro, 288 Ga. App. 32, 38 (2007);
K. The acts cited in paragraphs 1-10 of page two, above, are simple, absolute, and definite,
arising under conditions admitted or proved to exist, and requiring merely the execution
of a specific duty (such as making sure the interview room’s surveillance camera was
working properly; making sure the interview room’s surveillance camera was actually in
operation; making sure that an investigator monitored the video camera feed of any
interview; and making sure that Mr. Harvey was not left alone in the interview room);
L. The extent of the injury – Mr. William Harvey’s suicide death by hanging; and
M. The specific amount of monetary damages being sought from the City of Savannah is
$12,000,000.00 (Twelve Million Dollars).

This letter is being sent pursuant to provisions of O.C.G.A. §36-33-5, et. seq., in order to
provide notice of such claims as required by law.

**********
Demand is hereby made in the amount of $12,000,000.00 (Twelve Million Dollars) for the
death of Mr. William Zackary Harvey. If this demand is timely paid, Mr. Harvey’s Estate and
heirs will provide the City of Savannah and all potential Defendants with a full, general release.
If the demanded sum is not paid by February 25, 2023 then a lawsuit will be filed in the United
States District Court for the Southern District of Georgia, Savannah Division. The defendants will
include, but are not limited to:

1. City of Savannah;
2. Roy Minter, Former Chief of Police;
3. Lenny Gunther, Chief of Police; and
4. Former City of Savannah officers Leuschner, White, and Kerr.

We look forward to hearing from you.

Very truly yours,

DAVIS BOZEMAN JOHNSON LAW

Francys Johnson, Esq.

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 Mawuli M. Davis, Esq.

Harold W. Spence, Esq.

cc: Lenny Gunther, Chief of Police, City of Savannah

R. Bates Lovett, City Attorney, City of Savannah
Joseph A. Melder, City Manager, City of Savannah
Alderwoman Kesha Gibson-Carter, Post 1, At Large
Alderwoman Alicia Miller Blakely, Post 2, At Large
Alderwoman Bernetta B. Lanier, District 1
Alderman Detric Leggett, District 2
Alderwoman Linda Wilder-Bryan, District 3
Alderman Nick Palumbo, District 4
Alderwoman Estella Edwards Shabazz, District 5
Alderman Kurtis Purtee, District 6

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