In a striking legal move, two Georgia residents have filed a lawsuit alleging serious violations of their civil rights by local law enforcement. On February 19, 2026, Cody Keavon Davidson and Kathryn Patricia Russell submitted a complaint to the United States District Court for the Northern District of Georgia against Gwinnett County, Lt. Eric S. Penn, and Officer James N. Phillips.
The plaintiffs, Davidson and Russell, assert that their constitutional rights were violated in an incident involving false arrest and fabricated evidence. The complaint details events from June 20, 2025, when Officer Phillips allegedly arrested Davidson without a warrant or probable cause. According to the initial police report by Phillips, there was no direct observation of Davidson driving a vehicle nor any field sobriety tests conducted at the scene. However, in a subsequent report, Phillips altered his account to claim that Davidson was driving with a minor present in the car—an assertion made without new evidence or eyewitness testimony.
Further complicating matters is an alleged unauthorized review by Phillips of forty-eight hours’ worth of automatic license plate reader data prior to the incident. The plaintiffs argue that critical exculpatory facts were omitted from warrants and supporting documents used against them. Additionally, they accuse Lt. Penn of failing to intervene and allowing unconstitutional conduct to proceed unchecked.
Russell’s situation was particularly distressing as she was eight months pregnant at the time of her arrest and required medication for stress-induced medical issues following her interaction with law enforcement. The couple’s complaint includes multiple claims for relief under various constitutional amendments: Fourth Amendment false arrest, Fourteenth Amendment due process violations through evidence fabrication and coercion post-invocation of counsel rights, supervisory liability on part of Lt. Penn for not intervening in unlawful practices, municipal liability under Monell doctrine against Gwinnett County for its policies permitting such misconducts, and First Amendment retaliation.
Davidson and Russell are seeking compensatory and punitive damages along with costs and attorney’s fees under 42 U.S.C. § 1988. They demand a jury trial on all issues presented in their complaint.
Representing themselves pro se in this legal battle are Cody Keavon Davidson and Kathryn Patricia Russell from Gainesville, Georgia. As they navigate this complex case against Gwinnett County officials—Case ID 1:26-cv-00973-ELR—they hope to secure justice not only for themselves but also set precedence against alleged systemic misconduct within local law enforcement agencies.
Source: 126cv00973_Cody_Keavon_v_Gwinnett_County_Complaint_Northern_District_of_Georgia.pdf
