The legal drama unfolding in the Northern District of Georgia has taken a significant turn as a Florida resident, Kerry McAuley, has filed a lawsuit against the City of Sandy Springs and several individuals, including Chief of Police Ken DeSimone. The complaint was officially lodged on January 10, 2026, accusing the defendants of malicious prosecution and retaliatory actions that violated McAuley’s constitutional rights.
According to the complaint filed by McAuley in the United States District Court for the Northern District of Georgia, the events leading to this lawsuit began when Detective J.T. Williams sought an arrest warrant against her on December 29, 2021. The warrant accused McAuley of “Harassing Communications” under Georgia law O.C.G.A. § 16-11-39.1, based on allegations that she repeatedly contacted Chief DeSimone with intent to harass him. However, McAuley contends these accusations were unfounded and misleading. She argues that her communications were limited and concerned legitimate matters of public interest—specifically elder abuse at a memory care facility where her mother resided.
The complaint further details how McAuley was arrested and detained for three days in Fulton County Jail before the charges were dismissed without conviction on January 10, 2024. The prosecutor admitted there was no evidence to support the charges or justify the warrant issued against her. This dismissal came after what McAuley describes as an ordeal that included physical injury, emotional distress, and reputational damage due to false accusations.
McAuley’s lawsuit accuses Chief DeSimone and Detective Williams of acting under color of state law to initiate a baseless prosecution as retaliation for her protected speech about elder neglect—a matter she communicated with city officials about multiple times since July 2021. She claims these actions were intended to chill her from engaging in further protected activities.
In seeking justice, McAuley is asking for compensatory damages for her suffering and punitive damages against individual defendants for their willful misconduct. Additionally, she seeks attorney’s fees under 42 U.S.C. § 1988 and any other relief deemed appropriate by the court.
Representing McAuley is attorney Brad Fallon from Fallon Law PC based in Atlanta, Georgia. As this case progresses through Civil Action File No.: 1:26-cv-00152-VMC before Judge Robert Wolf at the Magistrate Court of Fulton County, it highlights critical issues regarding municipal liability and First Amendment rights.
Source: 126cv00152_Kerry_Mcauley_v_City_of_Sandy_Complaint_Northern_District_of_Georgia.pdf.pdf
