A Georgia federal judge has rejected Savannah officials' bid to sanction attorneys suing for civil rights violations in the 2022 shooting death of a Black man by a police officer who's facing murder charges, finding Wednesday that an attorney's comments to the media weren't made in bad faith — but warned counsel to "tread carefully."

U.S. Magistrate Judge Christopher L. Ray on Wednesday granted the city of Savannah's request in part, finding that William R. Claiborne of the Claiborne Firm PC had violated Local Rule 11.2 by making extrajudicial statements in a December press conference.

But the judge declined to impose sanctions on the attorney, finding that Claiborne's actions didn't rise to injecting bias into the jury pool. Judge Ray said the court requires attorneys to act with subjective bad faith in order to warrant imposing sanctions.

"Given the publicity surrounding this lawsuit, and the motion presently before the court, plaintiffs' counsel is warned that he must tread carefully," Judge Ray said. "Though disciplinary proceedings are not warranted now, the court might not look with such leniency on any subsequent violation of its Local Rule. The other parties are similarly cautioned that extrajudicial statements or commentary about the issues in this lawsuit will be disfavored."

Claiborne held the press conference in December on behalf of his clients, Jerome Blidge and Marshell Bernice Lee, who are suing city officials over the death of their son, Saudi Arai Lee, who was fatally shot by former police officer Ernest Ferguson.

Saudi Arai Lee's parents have opposed the sanctions bid by arguing Claiborne was merely responding to false statements from a criminal defense attorney representing Ferguson, including that Lee pointed a gun at Ferguson.

According to the order, after Ferguson pled not guilty in November, his criminal defense attorney issued statements to the press defending Ferguson, saying he didn't commit a crime and was acting in self-defense because Saudi Arai Lee pulled out a hand gun and pointed it at him and his patrol partner.

The family said that these untrue statements were demonstrably false through body cameras. At the press conference, Claiborne said the body camera footage, which was provided by the city, didn't show Saudi Arai Lee pointing a gun or "pos[ing] any danger to any community member."

Judge Ray pointed to Claiborne saying that the Georgia Rules of Professional Conduct required him to correct the facts related to the case after Ferguson's criminal defense counsel made public statements about Lee.

The judge said that Claiborne also said he tried to reach all parties, including the city and Ferguson, to agree to stop discussing the body camera footage and facts in public.

"According to plaintiffs, nobody responded to those efforts, and instead plaintiffs identify extrajudicial statements made by the mayor of Savannah during a press conference, where he commented: 'I think it's a little disingenuous for this attorney, who's known for some sorts of theatrics, to take advantage of this family's grief to try to make his point,'" Wednesday's decision states. "Plaintiffs also identify continued public commentary from Ferguson's criminal defense attorney. Plaintiffs also point to media coverage of the City's motion for sanctions, which 'led to the reignition of the controversy in the media both locally and nationally.'"

The city and its mayor and aldermen filed their sanctions bid in January against the parents of Saudi Arai Lee, and their counsel, Claiborne and David J. Utter, who is no longer with Claiborne Firm. Utter is now Washington County director at the Metropolitan Public Defender's Office in Oregon, according to his LinkedIn profile. The court said Blidge and Marshell Bernice Lee as clients aren't beholden to the rule although their attorneys are.

The city said that Claiborne's comments were inflammatory and "an unjust attempt to influence public opinion as to the facts of this case, and to actively mischaracterize the facts of this case."

The city took issue with the parents' lawyers calling the shooting murder, saying Ferguson lied and unfairly evoked past shooting victims Trayvon Martin and Ahmaud Arbery at the press conference although "neither of which are factually similar in any capacity to the case at hand."

Ferguson was charged in September with murder, aggravated assault and battery, false imprisonment and making false statements. He remains in custody at Chatham County Jail, according to jail staff. In their suit, Saudi Arai Lee's parents allege that the city violated Lee's constitutional rights and call his death "senseless and unjustified."

The suit accuses the city of assault, battery, negligence, negligent hiring and retention, and failure to train and supervise. The suit also accused Ferguson and another officer of retaliation against Saudi Arai Lee for exercising his constitutional right to bear arms and conspiracy to violate his constitutional rights, among other claims.

Judge Ray agreed with Savannah officials' assertion that Claiborne's additional commentary at the press conference did violate Rule 11.2.

"Plaintiffs' counsel's insistence that his public commentary was necessary to rebut Ferguson's criminal counsel's commentary does not alter the determination that Mr. Claiborne violated Local Rule 11.2, since the rule does not contain any exemption for commentary intended to 'set the record straight.'" Judge Ray said. "However, the nature of his violation does not require the Court to invoke its disciplinary authority against Mr. Claiborne."

Judge Ray said Claiborne's rule violation "does not support a determination that he should be sanctioned."

"Though counsel engaged in impermissible commentary, his explanation for the purpose of that commentary, along with his description of his efforts to ensure that all parties and counsel in this case refrain from making any further public commentary during its pendency to limit 'further unneeded press coverage,' demonstrates a sanction is apparently unnecessary to ensure counsel's compliance with the Rule moving forward," Judge Ray said.

The judge pointed to case law where the Eleventh Circuit explained that the court's power to impose sanctions should "be exercised with restraint and discretion."

"Plaintiffs' response to the motion for sanctions demonstrates that their counsel's violation of this court's Local Rule was not borne of bad faith, but a mistaken belief that his actions were justified by the conduct of defendant Ferguson's criminal defense counsel in making public statements characterizing Ferguson's at-issue conduct," the judge said.

This decision comes as the city's motion to dismiss remains pending.

In April the city filed a memo in support of its motion to dismiss the suit, arguing that Saudi Arai Lee's parents have failed to assert any violation of his constitutional rights by Ferguson.

Counsel for the defendants did not immediately respond to requests for comment on Thursday. Counsel for the parents, William R. Claiborne of the Claiborne Firm PC, declined to comment on Thursday.

The parents are represented by William R. Claiborne and David J. Utter of the Claiborne Firm PC, and Christopher J. Murell and Meghan K. Matt of the Murell Law Firm.

The city and officials are represented by Taylor L. Dove and Bradley M. Harmon of Hunter Maclean Exley & Dunn PC, and R. Bates Lovett and Jennifer N. Herman of the Savannah's Office of the City Attorney.

The case is Blidge et al. v. Ferguson et al., case number 4:24-cv-00131, in the U.S. District Court for the Southern District of Georgia.

–Additional reporting by Chart Riggall. Editing by Amy French.