Smyrna Pays $85,000 After Resident's Profanity Arrest

The City of Smyrna agreed to pay resident Mary Kirkendoll $85,000 after arresting her for profanity at a meeting.

This week, the City of Smyrna settled the lawsuit with local resident Mary Kirkendoll after she was arrested for profanity at a meeting, and agreed to pay her $85,000.

At a town hall meeting on April 21, 2009, Kirkendoll uttered a profanity to the audience as she was walking out, according to The Atlanta Journal-Constitution. She was then arrested and jailed for more than two hours before being released.

The AJC reports that Kirkendoll later filed a federal lawsuit against the City of Smyrna, claiming that it had violated her First Amendment rights and put her under false arrest and imprisonment.

The City ended the litigation this week, and agreed to pay $85,000 to Kirkendoll to settle the case.

Michelle October 13, 2012 at 12:14 PM
Oh Oscar, don't let this get to you. What we have here is a simple case of emotions that people feel is their 1st Amendment right to express into words. I am sure we have all been in that place before, maybe even you...on the Patch. ;) So as long as we feel, believe and have the ability to voice "it"...it will probably be said, whether you or I or the next person can agree it is the right form of words to use or not. But of course, that is where that vicious cycle begins. I think your need to stand up for MK is sweet. I hope we all have cheerleaders in our lives like you. However as far as what MK has brought to the city...we may have to have opposing views on that....but isn't that our right to be able to feel, think and say that. :) Now, you stay classy too and go seize the day...it should be a beautiful one with lots to do around Smyrna or other cities if you aren't happy with the choices here. Until next time.....
Alex October 13, 2012 at 02:00 PM
Brian- The high-end neighborhoods south of the east west were annexed in. And annexation is exactly that, annexation. It’s inorganic growth. Not growth that came as a result of policy at city hall. The new Kroger shopping center. Minus the Kroger, what other stores are in the center? Belmont Hills. So you consider the entrance to the new school growth? Maybe you’re thinking once Belmont Hills gets built out, then it will help. Ok I can see that. But don’t you think BH needs to be built first? Haven’t seen earthmovers moving about over there yet have you? Next, the South Cobb Drive Corridor. To much there to try and cram into a cohesive argument here on Patch. Suffice it to say, that area looks the same as it did in 1988. And what is the city doing about that? Nothing. Not a thing. For me, I don’t call it growth when a street gets repaved or a shopping complex gets renovated. I see growth when I see businesses choosing to relocate here, when I see an area fundamentally transformed. I see evolution when you can see policies being set forth by city hall being adapted to the environment the game is being played in. And Pepper, bless your heart. I hope you have a great day today in the herd.
Chris Long October 13, 2012 at 03:44 PM
I'm aware of the concept of calculating the cost of trial judgements versus settlement, & I'm sure that the police department's insurance covers false arrests, much like doctor's insurance covers malpractice. That said, what MK alleges is that her arrest was a deliberate & orchestrated (& thus criminal) act on behalf of the city council and police department. I've never heard of an insurance policy that covered & paid out for criminal acts, but if there is one, perhaps I should shop for a new carrier. Either way, this gets away from the main point that MK did not prove or win anything, & she is certainly not "vindicated"...she's just richer.
Angela Chao October 13, 2012 at 08:39 PM
Hey guys, we appreciate you sharing your thoughts and opinions on Patch. However, please be respectful to each other, and avoid person attacks in your comments. This is a community platform, we encourage meaningful exchanges and conversations, but please respect different opinions and be civil. Anything that violates Patch's term and use will be deleted. Thanks for your understanding.
Michelle October 14, 2012 at 03:46 AM
GaPatriot, I think that is excellent advice...maybe we should all not listen or read each others comments if we don't like it. BTW..thank you for serving our country. :)


More »
Got a question? Something on your mind? Talk to your community, directly.
Note Article
Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors.What's on your mind?What's on your mind?Make an announcement, speak your mind, or sell somethingPost something
See more »