Atlanta Pays $1 Million to Family of Rayshard Brooks, Shot by Police at Wendy's

On June 12, 2020, Rayshard Brooks fell asleep in his car in the drive-thru lane of a Wendy's on University Avenue in Atlanta. Officers responded and administered field sobriety tests. During the arrest that followed, Brooks struggled with the officers, took a Taser from Officer Devin Brosnan, and ran. Officer Garrett Rolfe shot Brooks in the back as he fled. Brooks was 27 years old. He died from his wounds.

The shooting came two weeks after the death of George Floyd in Minneapolis and ignited protests across Atlanta. The city's police chief resigned the following day. Fulton County prosecutors initially charged Rolfe with felony murder, but those charges were dropped in August 2022 after the state attorney general's office took over the case.

Tomika Miller, Brooks' widow, filed a civil lawsuit against the City of Atlanta in September 2021. The complaint alleged that Brooks posed no imminent threat while fleeing and accused officers of failing to render timely medical assistance. It also alleged that one officer kicked Brooks while he lay wounded on the pavement. The suit sought to hold the city responsible for its officers' conduct.

Attorneys L. Chris Stewart, Justin Miller, and Dianna Lee of Stewart Miller Simmons Trial Attorneys represented the family, joined by co-counsel Brian Spears, Jeff Filipotis, and Wingo Smith. The legal team pressed the case that the use of lethal force against a fleeing man who held only a Taser was unjustified under the circumstances.

In November 2022, Atlanta's City Council voted 15-0 to approve a $1 million settlement with the Brooks estate. The family said they were pleased to have reached a resolution but expressed disappointment that prosecutors had not pursued criminal charges against the officers. The attorneys stated they continued to urge the U.S. Department of Justice to examine the case for potential federal charges.