Plaintiff Alleges City Officials Engaged in Malicious Prosecution Over Elder Abuse Concerns

The legal battle between a Florida resident and the City of Sandy Springs, Georgia, is heating up as allegations of constitutional violations take center stage. On January 9, 2026, Kerry McAuley filed a complaint in the United States District Court for the Northern District of Georgia against the City of Sandy Springs and several individuals, including Police Chief Ken DeSimone and Detective J.T. Williams. The lawsuit accuses them of malicious prosecution and retaliatory actions that allegedly infringed upon McAuley’s First and Fourth Amendment rights.

The roots of this legal dispute trace back to December 29, 2021, when Detective J.T. Williams applied for an arrest warrant against McAuley in Fulton County’s Magistrate Court. The warrant accused her of “Harassing Communications” under Georgia law, claiming she repeatedly contacted Chief DeSimone with intent to harass him. However, McAuley contends these accusations were based on false or misleading information and lacked probable cause. She argues that her communications were limited to matters of public concern—specifically elder abuse involving her mother at a local memory care facility—and not intended to harass.

McAuley’s ordeal included being arrested and spending three days in jail before the charges were dropped on January 10, 2024. The prosecutor acknowledged there was insufficient evidence to justify the arrest warrant, leading to a nolle prosequi—a formal notice of abandonment by a plaintiff or prosecutor—being entered into court records. Despite this outcome, McAuley claims significant damages from the incident, including emotional distress and reputational harm.

In her lawsuit, McAuley seeks compensatory damages for these alleged harms as well as punitive damages against individual defendants like Chief DeSimone and Detective Williams. She also requests attorney’s fees under federal civil rights laws and any other relief deemed appropriate by the court.

Representing McAuley is attorney Brad Fallon from Fallon Law PC in Atlanta. The case has been assigned Case ID 1:26-cv-00152-VMC in front of Judge VMC at the Northern District Court of Georgia.