The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Angie Mcdanielv.Nathan Scott Mcdaniel Et Al

CourtCourt of Appeals of Georgia
Docket No.A23A1310
DecidedMarch 13, 2024
Reporter313 Ga. 801
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawCivil ProcedureMotion to DismissReversalVacaturRemand
Case Summary

Angie McDaniel alleged that false statements and planted evidence caused her arrest, involuntary mental-health commitment, and federal prosecution for child-exploitation charges that were later dismissed. She sued her former husband, former in-laws, and others for malicious prosecution and related torts. The trial court dismissed the claims, reasoning that interspousal tort immunity barred the malicious-prosecution theory. The Court of Appeals of Georgia held that the immunity doctrine did not justify dismissing claims against the former in-laws, who were alleged to have independently supplied false information and participated in the conduct. The court affirmed dismissal of other claims whose limitations issues McDaniel did not challenge on appeal, vacated the dismissal of the malicious-prosecution and derivative claims against the former in-laws, and remanded for further proceedings. The decision concerned the sufficiency of the pleading and did not determine whether the allegations would ultimately be proved.

Opinion

Loading published copy…

The Far Side