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Craig Brown et al.v.Georgiacarry.Org, Inc. et al.

CourtCourt of Appeals of Georgia
Docket No.A14A2021
DecidedMarch 30, 2015
Reporter331 Ga. App. 890; 770 S.E.2d 56
JudgesCourt of Appeals of Georgia, Third Division; Presiding Judge Barnes and Judges Boggs and Branch; Judge Boggs authored the opinion
Tags
CivilCivil RightsFourth AmendmentSection 1983Qualified ImmunityReasonable SuspicionSummary Judgment
Case Summary

Michael Justin Belt and GeorgiaCarry.Org sued the arresting officers after the obstruction charge against Belt was dismissed, asserting a federal malicious-prosecution claim. The trial court granted summary judgment to the officers on the other claims but denied it on qualified immunity for the § 1983 claim. The Court of Appeals held that the officers had arguable reasonable suspicion because an officer testified that he had been told Belt was a shoplifting suspect and a person with a gun; contrary circumstantial evidence did not create a material factual dispute with that direct testimony. The officers therefore were entitled to qualified immunity, and the court reversed the denial of summary judgment. It emphasized that this ruling was limited to qualified immunity on these facts and did not authorize officers to demand identification without a lawful basis to detain a person.

Opinion

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