A city of Cumming police officer accused of violating the constitutional rights of a woman during an incident in November has been cleared of wrongdoing by a departmental investigation, authorities say. The City of Cumming Police Department released internal affairs documents from an investigation into an incident that occurred on Nov. 15, between CPD Officer Jonathan Fitzpatrick and a citizen, Ashley Harris. In her complaint, Harris alleged that Fitzpatrick violated her civil and constitutional rights, specifically the 8th Amendment, which protects against "cruel and unusual punishment," when her hands were handcuffed behind her back for roughly 30 minutes during an investigation, which reportedly caused her immense pain. According to statements from witnesses and authorities, the incident between Fitzpatrick and Harris occurred following a three-vehicle wreck at 2255 Market Place Blvd. in Cumming. Three black male suspects allegedly fled on foot from one of the vehicles following the wreck and were seen throwing bags into dumpsters and bushes in the area. Officers from the Cumming Police Department and Forsyth County Sheriff's Office quickly flooded the area in an attempt to locate the men and learn why they fled. According to his statement during the investigation, Fitzpatrick approached Harris in the parking lot of the Old Navy store on Market Place after witnesses reported seeing the suspects fleeing towards the shopping center. Fitzpatrick told investigators that initially he believed Harris fit the descriptions that had been given of the fleeing suspects three black males wearing dark clothing, black jeans with dreadlocks. And when he discovered she was female, he was unsure whether the witness descriptions could have been mistaken. In Fitzpatrick's body camera footage from the incident, the officer can be heard calling out to Harris as she walked towards her car, asking her to stop so he can talk to her.
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