A lawsuit brought by a woman who said she was touched on her backside twice by then-Varnell police sergeant Patrick John Hayes, whom she knew, on July 5, 2018, outside a convenience store has been settled with the city and Hayes, according to the woman's attorney. City officials confirmed the settlement on the claims against the city.
The terms of the settlement were not immediately available.
"We were fortunate that we reached an agreement before any depositions took place," said Ibrahim Awad of the Awad Law Firm in Atlanta, who represents the woman, Elizabeth Miller. "That's when each side can get witnesses under oath and ask them questions, and we really did not want our client to have to sit and have to recall that whole ordeal."
Awad declined to say how much the settlement is, saying Miller does not want the information released.
"We feel it is a respectable, substantial amount that reflects the harm done, and we are pleased with the resolution," Awad said.
Varnell City Attorney Terry Miller said the lawsuit was handled for the city by attorneys for the city's insurance carrier, the Georgia Interlocal Risk Management Agency (GIRMA).
"They (GIRMA) work with their attorneys, look at the risk and make these decisions," he said. "It doesn't require the consent of the insured. In other words, this didn't require the city of Varnell to (take action) on whether to settle or not."
Asked why the city settled the lawsuit, Mayor Tom Dickson said, "You know that these decisions are typically made by the insurance companies and their attorneys."
Terry Miller referred questions about the amount of the settlement by the city to GIRMA's attorney, Andy Davis of the Brinson Askew firm in Rome. Davis did not respond immediately to email and telephone messages Thursday morning.
"It isn't that I don't want to tell you," said Terry Miller. "I just don't know if I can. I do not know if there is any confidentiality agreement. I'm going to have to refer you to (Davis) to answer any questions about the settlement."
The city placed Hayes on unpaid leave the day after Elizabeth Miller reported the incident. Hayes, who had worked for the police department for 11 years, resigned on July 10, 2018, after an investigation was begun by the Georgia Bureau of Investigation.
Hayes pleaded guilty to misdemeanor sexual battery in January 2020 and was sentenced to 12 months probation. He agreed to surrender his peace officer certification and to not seek or accept employment in law enforcement. He also was required to complete a sexual harassment course at his expense and to have no contact with Elizabeth Miller.
The lawsuit claimed “members of the City Council of Varnell received or were otherwise aware of allegations that Sgt. Hayes solicited sexual conduct from women while he was on duty in exchange for not pressing charges against them.”
In March, several current and former members of the City Council said they were unaware of any such complaints against Hayes and there were no records of such complaints.
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