General Civil Case Filing Information Form (Non-Domestic)

Docket#

(;V15 / O~1Q.( KA

PlaintitT(s)

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HEAP,MEG
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AJIBADE, SOLOMON O.
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Defendant(s)

AJIBADE, ADENIKE H.
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Date Filed

County CHATHAM

Court
[Q' Superior
o State

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IN HER CAPACITY AS EASTERN JUDICIAL CIRCUIT

OLADAPO, CHRISTOPHER

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DISTRICT ATTORNEY

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No. of Plaintiffs

No. of Defendants- - -

PlaintifflPetitioner's Attorney

o Pro Se

CLAIBORNE, WILLIAM R.
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sumx

Bar # 126363

Check Primary Type (Check only ONE)

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Contract/Account

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Real Property

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Equity

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Habeas Corpus

Post Judgement Garnishment, Attachment, or

Other ReI ief

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Non-Domestic Contempt

II!

Other General Civil SpecifY Disqualification

Wills/Estate

Dispossessory/Distress
Presonal Property

If Tort is Case Type:

(Check no more than TWO)

Auto Accident

Premises Liability

Medical Malpractice

Other Professional Negligence

Product Liability

Other SpecifY

Appeals, Reviews

Tort (If tort, fill in right column)

pursuant to O.C.GA 15-18-5

Are Punitive Damages Pleaded? 0 Yes 0 No

~ I hereby certify that the documents in this filing

(including attachments and exhibits) satisfy the
requirements for redaction of personal or
confidential information in O .e.G.A. 9-11-7.1

ENTERED JPK

JUN - 9 2015

IN THE SUPERIOR COURT OF CHATHAM COUNTY

STATE OF GEORGIA
ADENIKE HANNAH AJIBADE,
SOLOMON OLUDAMISI AJIBADE, and
CHRISTOPHER OLADAPO,
Plaintiffs,

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v.
MEG HEAP IN HER CAPACITY AS
EASTERN JUDICIAL CIRCUIT
DISTRICT ATTORNEY;
Defendant.

Civil Action No.: CVlS-

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PETITION FOR MANDAMUS AND DISQUALIFICATION

COME NOW PLAINTIFFS, Adenike Hannah Ajibade, Solomon Oludamisi Ajibade, and
. Christopher Oladapo, and file this Petition for Mandamus and Disqualification against Defendant
Meg Heap ("Heap") in her capacity as Chatham County District Attorney, showing the Court as
follows:

INTRODUCTION
Plaintiffs file this Petition pursuant to O.C.G.A 15-18-5 seeking the disqualification
of Defendant Heap and the office of the Eastern Judicial Circuit District Attorney from
any further action in investigating or presenting criminal charges based upon the actions
which caused the death of Mathew Ajibade and for the appointment of District Attorney
pro tempore in all matters related to the death of Mathew Ajibade.
Page 1 of 12

Ajibade, et al. v. Meg Heap

Superior Court of Chatham County

ENTERED JPK

JUN - 9 2015

JURISDICTION AND VENUE

1.
This is an action brought pursuant to O.CG.A. 15-18-5. This Court has jurisdiction to
entertain the Plaintiffs action.
2.
For purposes of venue, all Defendant Heap is a resident of Chatham County, Georgia and
Chatham County, Georgia is the county in which a substantial part of the business described
below was transacted. O.CG.A. 9-10-93; Ga. Const. Art. VI, 2,

VI. Venue is proper in this

Court.

PARTIES
3.
Plaintiffs are the immediate surviving family members of Mathew Ajibade, an arrestee
who was killed while in the custody of Chatham County Sheriff deputies in early 2015.
4.
Defendant Meg Heap is the District Attorney for the Eastern Judicial Circuit and is
subject to suit in actions of this kind and nature. Defendant Heap may be served through her
office at: 133 Montgomery St., 6th Floor, Savannah, Georgia.

COUNT I
DISQUALIFICATION OF DEFENDANT HEAP
AND THE OFFICE OF THE EASTERN CIRCUIT DISTRICT ATTORNEY
5.
Plaintiffs repeat and re-allege paragraphs 1-4 as though fully set forth herein.

Page 2 of 12

Ajibade, et al. v. Meg Heap

Superior Court of Chatham County

6.

Pursuant to O.e.G.A. 15-18-5(a), a District Attorney is disqualified from a case when

he or she has an interest in the outcome of the case or a relationship with either the victim or the
accused.

DEFENDANT HEAP'S RELATIONSHIP WITH THE

ACCUSED SHERIFF IN SPCV1S-0441-J3

7.
On May 4, 2015, Defendant Heap and Sheriff Al St. Lawrence sued WSAV, Inc. in the
Superior Court of Chatham County. Said suit, SPCVI5-0441-J3, seeks a declaratory judgment
that neither Defendant Heap nor Sheriff St. Lawrence be required to release information to
WSAV, Inc. under the Georgia Open Records Act, O.C.G.A 50-18-70 et seq.
8.
WSAV, Inc. did not request any records from Defendant Heap. However, Defendant
Heap voluntarily inserted herself into the controversy between WSA V and Sheriff St. Lawrence.
9.
Defendant Heap and Sheriff St. Lawrence are co-plaintiffs in SPCV 15-0441-J3 and even
share the same attorney in said suit.
10.
The Plaintiffs in this action have intervened in SPCV 15-0441-J3 and are Defendants in
said case.

Page 3 of 12

Ajibade, et al. v. Meg Heap

Superior Court of Chatham County

11.

The Ajibade family has claims against Defendant Heap and Sheriff St. Lawrence which
have been asserted in SPCVI5-0441-J3.
12.
Thus, Defendant Heap is embroiled in contested litigation against the Ajibade family, the
surviving family of the victim in the criminal case.
13.

Sheriff St. Lawrence, is a potential defendant in the criminal case, and his actions and/or
inactions should be under investigation by Defendant Heap.
a. It has been widely reported that 195 inmates were tased in the Chatham County Jail in
2014, a rate far higher than were tased, for example, by the Savannah-Chatham
Metropolitan Police Department or were tased at the at the Richmond County Jail.
Failure to institute proper policies for the use of tasers should subject the Sheriff to
criminal charges.
b. Video has been released showing several of the CCSO officers who participated in
the killing of Mathew Ajibade engaging in violence and excessive force against other
inmates both before and after Mathew Ajibade's death. Creating a culture of violence
and sadism should subject the Sheriff to criminal charges.
c. Instituting a policy of allowing restrained inmates to be tased should subject the
Sheriff to criminal charges.
d. It has been reported that the Watch Commander' s Log Book was altered
approximately fifteen to twenty-one hours after Mathew Ajibade was killed. If the
Page 4 of 12

Ajibade, et al. v. Meg Heap

Superior Court of Chatham County

Sheriff allowed or encouraged the alterations of that log book to conceal the manner
in which Mathew Ajibade died, then the Sheriff should be subjected to criminal
charges.
14.
Both Defendant Heap and Sheriff St. Lawrence are seeking a court order debarring the
Ajibade family and the public from records which would reveal the circumstances of Mathew
Ajibade's death.
15.
By voluntarily inserting herself into SPCV15-0441-J3 on the side of a potential criminal
defendant and sharing a lawyer with that defendant, Defendant Heap has placed herself in
opposition to the victim's family.
16.

This alliance with a potential criminal defendant in opposition to the victim's family has
placed Defendant Heap in an impermissibly conflicted position, and she must be disqualified
from any further action in investigating or presenting criminal charges based upon the
actions which caused the death of Mathew Ajibade.

DEFENDANT HEAP'S POLITICAL ALLIANCE

WITH THE ACCUSED SHERIFF

17.
Sheriff St. Lawrence contributed to the election campaign of Defendant Heap twice in
2012.

Page 5 of 12

Ajibade, et al. v. Meg Heap

Superior Court of Chatham County

18.

Defendant Heap and Sheriff St. Lawrence both employed David Simons as their political
consultant and campaigned in concert with one another in 2012.

DEFENDANT HEAP'S REFUSAL TO INVESTIGATE OR PROSECUTE

HER POLITICAL ALLIES AND/OR SUPPORTERS

19.
Since becoming District Attorney, Defendant Heap has failed or refused to investigate or
prosecute individuals or entities that are also represented by her political consultant, David
Simons. Further, Defendant Heap has failed or refused to investigate or prosecute individuals or
entities that contributed to her election 2012 campaign.
20.
Defendant Heap received a campaign contribution from Walter Murphy of the company
lE. Dunn Construction d/b/a Rives Worrell. David Simons was the lobbyist for said company at
all times relevant to this litigation.
21.
Defendant Heap has failed to investigate or prosecute one or more employees of lE.
Dunn Construction d/b/a Rives Worrell when false statements were made on sworn bid
documents to secure a $21 million contract for the replacement of Hesse Elementary School.
22.
Defendant Heap received a campaign contribution from Jim Turner of the J.T. Turner
company.

Page 6 of 12

Ajibade, et aI. v. Meg Heap

Superior Court of Chatham County

23.

Defendant Heap has failed to investigate or prosecute one or more employees of J.T.
Turner when, upon infonnation and belief, false statements were made to property owners that
subcontractors had been paid, when in fact said subcontractors had not been paid.

24.
At all times relevant to this litigation, David Simons served as the lobbyist for both J.E.
DUlUl Construction d/b/a Rives Worrell and several other corporations. David Simons was paid
by these corporations.
25.
Additionally, David Simons served as a campaIgn consultant for

VarIOUS

political

candidates, including, but not limited to, Defendant Heap and Sheriff St. Lawrence.

The

political candidates paid David Simons.

26.
Although drawing a salary from the campaigns of Defendant Heap and Sheriff St.
Lawrence and other political candidates, David Simons would also donate money back to all of
the campaign committees from which he was being paid. Rather than donating back a portion of
his salary, David Simons was serving as a straw donor for the corporations for which he lobbied.
27.
Failing to register as a lobbyist violates O.C.G.A. 21-5-70 et seq. Masking campaign
contributions violates O.C.G.A. 21-5-30 et seq. Notwithstanding these violations of law by
David Simons, and the personal knowledge of Defendant Heap that these laws were being
violated, Defendant Heap has failed to investigate or prosecute David Simons.
Page 7 of 12

Ajibade, et at. v. Meg Heap

Superior Court of Chatham County

28.

Due to Defendant Heap's failure or refusal to prosecute her campaign contributors, David
Simons, and/or clients of David Simons, the Plaintiffs have a real and reasonable fear that
Defendant Heap will not investigate the death of Mathew Ajibade fairly and impartially.

29.
Specifically, the Ajibade family

IS

afraid that Defendant Heap has chosen not to

investigate Sheriff St. Lawrence.

30.
Defendant Heap performed no investigation into this case for approximately five months
after Mathew Ajibade's death. Rather, Defendant Heap ignored her responsibility to review and
investigate the criminal death of an inmate in her jurisdiction, and instead deferred her
responsibilities to other law enforcement agencies, opting to sidestep an investigation which
would have led to the doorstep of Sheriff St Lawrence, and, eventually, to her own failures
regarding her obligations to inspect the Chatham County Jail.
31.
Since receiving an investigative report from the GBI, Defendant Heap and Sheriff St.
Lawrence have openly coordinated with each other in an attempt to shift one hundred percent of
the blame for Mathew's death onto lower ranking officers and to conceal information from the
Ajibade family and public records from the public.

Page 8 of 12

Ajibade, et al. v. Meg Heap

Superior Court of Chatham County

32.

For the foregoing reasons Defendant Heap must be disqualified from any further action
in investigating or presenting criminal charges based upon the actions which caused the
death of Mathew Ajibade.

DEFENDANT HEAP'S INTEREST IN THE OUTCOME OF THE CASE

33.
The Chatham County Grand Jury has a duty under O.e.G.A. 15-12-71(b)(1) to conduct
an annual inspection of the Chatham County Jail.
34.
Defendant Heap and her staff supervise the Grand Jury and coordinate the Grand Jury's
operations.
35.
Notwithstanding O.C.G.A. 15-12-71(b)(1), Defendant Heap, since being sworn in as
District Attorney in 2013, has failed to instruct the Grand Jury to inspect the Chatham County
Jail.
36.
Rather, Defendant Heap and her staff inform the Grand Jurors that there is an "optional
tour" of the j ail, which they may attend at their discretion.
37.
Defendant Heap and her staff coordinate the date of the "tour," provide transportation to
and from the jail, one or more staff members of the DA's office attend the "tour."

Page 9 of 12

Ajibade, et al. v. Meg Heap

Superior Court of Chatham County

38.

Further, no report of the Chatham County Grand Jury reflecting an inspection ofthe Jail's
operations has been filed with the Chatham County Superior Court in more than one year prior to
Mathew Ajibade's death.
39.
The Ajibade family will be filing a civil suit against any and all parties responsible for
Mathew's death. Due to her failure to ensure inspections of the jail as required by law, there is a
significant probability that Defendant Heap will be named as a defendant in that action by the
Ajibade family.
40.
A District Attorney may not participate in the prosecution of a case where the District
Attorney has a personal interest in the outcome of the case. See McLaughlin v. Payne, 761 SE
2d 289 (2014). The conflict of the individual District Attorney attaches to the entire office of the
District Attorney, Id.
41.

The fact that Defendant Heap will likely be named as a defendant in the Ajidabe civil suit
gives her an interest in the outcome of the criminal case arising from the same transaction or
occurrence, to wit: the death of Mathew Ajibade.

COUNT II
MANDAMUS AGAINST DEFENDANT HEAP
42.
Plaintiffs repeat and re-allege paragraphs 1-41 as though fully set forth herein.
Page 10 of 12

Ajibade, et at. v. Meg Heap

Superior Court of Chatham County

43.

O.C.G.A. IS-18-S(a) provides as follows:

(a)

When a district attorney's office is disqualified from interest or relationship to

engage in a prosecution, the district attorney shall notify the Attorney General of
the disqualification. Upon receipt of such notification, the Attorney General shall:
(1)

(2)
(3)

Request the services of and thereafter appoint a district attorney, a

solicitor-general, or a retired prosecuting attorney as provided in Code
Section 15-18-30;
Designate an attorney from the Department of Law; or
Appoint a competent attorney to act as district attorney pro tempore in
place of the district attorney.
44.

For the reasons stated above, Defendant Heap must be ordered by this Court to notify the
Georgia Attorney General that she is disqualified from further participation in investigating or
presenting criminal charges based upon the actions which caused the death of Mathew
Ajibade.

WHEREFORE, Plaintiffs request they be afforded the following relief:

(a)

That this Court enter an Order requiring the immediate disqualification of the Office of
the District Attorney for the Eastern Judicial Circuit from further participation in
investigating or presenting criminal charges based upon the actions which caused
the death of Mathew Ajibade;

(b)

That this Court enter an Order directing Defendant Heap to notify the Georgia Attorney
General of her disqualification from further participation in investigating or presenting
criminal charges based upon the actions which caused the death of Mathew
Ajibade;
Page 1J of 12

Ajibade, et al. v. Meg Heap

Superior Court of Chatham County

(c)

Any and all other relief as the Court deems just and proper.
RESPECTFULLY SUBMITTED this 9th day of June, 2015.

~c{i{t
Georgia Bar No. 126363

Attorney for Plaintiff

THE CLAIBORNE FIRM, P.C.

410 East Bay Street

Savannah, Georgia 3 1401

T: (912) 236-9559

F: (912) 236-1884

will@claibomefirm.com

Page 12 of 12

Ajibade, et al. v. Meg Heap

Superior Court of Chatham County

IN THE SUPERIOR COURT OF CHtOQ:~l\;l ~ QUNTY

STATE OF GEOR&A: I'. Ur, IL'-.
ADENIKE HANNAH AJIBADE,

SOLOMON OLUDAMISI AJIBADE, and

CHRISTOPHER OLADAPO,

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Plaintiffs,

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v.

MEG HEAP IN HER CAPACITY AS

EASTERN JUDICIAL CIRCUIT
DISTRICT ATTORNEY;
Defendant.

CERTIFICATION UNDER RULE 3.2

Pursuant to Rules 3.2 and 3.4 of the Uniform Superior Court Rules and Local Rules of
the Eastern Judicial Circuit of Georgia, I hereby certify that there has been a case filed in the
Superior Court of the Eastern Judicial Circuit of Georgia, Al St. Lawrence. Sheriff of Chatham
County; Meg Heap. Eastern Judicial Circuit District Attorney v. WSA V, Inc .. Civil Action
Number: CV15-0441-J3,

involving substantially the same parties or substantially the same

subject matter or substantially the same factual issues which would require the pleading to be
specifically assigned to the judge whom the original action was or is assigned.
Respectfully submitted, this 9th day of June, 2015.

T~~___
.C.
WILLIAM R. CLAIBORNE
Georgia Bar Number: 126363
Attorney for Plaintiffs
410 East Bay Street
Savannah, Georgia 31401
(912) 236-9559 Telephone
(912) 236-1884 Facsimile
wi ll@c1aibomefirm.com

ENTERED JPK

JUN - 9 2015

IN THE SUPERIOR COURT OF CHATHAM COUNTY

ST ATE OF GEORGIA

ADENIKE HANNAH AJIBADE,

SOLOMON OLUDAMISI AJIBADE, and
CHRISTOPHER OLADAPO,
Plaintiffs,

v.
MEG HEAP IN HER CAPACITY AS
EASTERN JUDICIAL CIRCUIT
DISTRICT ATTORNEY;
Defendant.

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Civil Action No.: CVlS-

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SUMMONS

TO THE ABOVE NAMED DEFENDANT:

MEG HEAP

IN HER CAPACITY AS EASTERN JUDICIAL CIRCUIT DISTRICT A ITORNEY

133 MONTGOMERY STREET, 6TH FLOOR

SAVANNAH, GEORGIA 31401

You are hereby summoned and required to file with the Clerk of said court and serve upon the
Plaintiffs attorney, whose name and address is:

THE CLAIBORNE FIRM, P.e.

410 EAST BAY STREET
SAVANNAH GEORGA 31401
an answer to the complaint which is herewith served upon you, within 30 days after service of summons
upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against
you for the relief demanded in the complaint.

This 9th day of June, 2015.

Clerk of Superior Court

CHATHAM COUNTY

ENTERED JPK

JUN - 9 2015

IN THE SUPERIOR COURT OF CHATHAM COUNTY

STATE OF GEORGIA

ADENIKE HANNAH AJIBADE,

SOLOMON OLUDAMISI AJIBADE, and
CHRISTOPHER OLADAPO,
Plaintiffs,
v.

MEG HEAP IN HER CAPACITY AS

EASTERN JUDICIAL CIRCUIT
DISTRICT ATTORNEY;
Defendant.

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Civil Action No.: CVlS-

05?J~

SUMMONS

TO THE ABOVE NAMED DEFENDANT:

MEG HEAP

IN HER CAPACITY AS EASTERN JUDICIAL CIRCUIT DISTRICT ATTORNEY

133 MONTGOMERY STREET, 6TH FLOOR

SAVANNAH, GEORGIA 31401

Filed in the Clerk's Office this 9th day of June, 2015.

William R. Claiborne

PLAINTIFFS ATTORNEY

==========================

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FILED

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OR RECORD

IN CHATHAM SUPERIOR CO~T'09/2015

--------------------

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PAID: 210 .00
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Superiot- Court of Chat ham County

Chatham

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Georgia

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ORIGINAL

Filed in the Clerk's Office this

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PLAINTIFF'S ATIORNEY

ENTERED JPK

JUN - 9 2015