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Jason Hart et al.v.Undray Sirmans

CourtCourt of Appeals of Georgia
Docket No.A15A2327
DecidedMarch 15, 2016
JudgesCourt of Appeals of Georgia
Tags
CivilCivil RightsTort LawOfficial ImmunitySummary JudgmentReversal
Case Summary

Undray Sirmans sued law-enforcement officers for malicious prosecution, false arrest, unreasonable force, and giving false information. The officers appealed the denial of summary judgment on their official-immunity defense. The Court of Appeals of Georgia reversed. The court held that official immunity protected the officers’ discretionary conduct because the record did not show actual malice or an intent to injure Sirmans. The only asserted evidence of malice was an alleged racial epithet, and that evidence, without more, could not overcome the immunity shield. The court did not reach the officers’ remaining arguments.

Opinion

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