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City of Atlanta v. Shavers

The defendant officer was not immune from the plaintiff's suit claiming false imprisonment and malicious prosecution, as facts existed from which a jury could infer that the officer acted with actual malice in arresting the plaintiff despite his knowledge that the plaintiff did not steal any property from the store.

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This appeal arises from a suit filed by Harry Shavers stating claims of false imprisonment and malicious prosecution against Atlanta Police Department Officer Governor Henderson and Razia Group, Inc.1 The trial court denied Officer Henderson’s motion for summary judgment filed on the basis that he was immune from suit, and this appeal followed. For the reasons that follow, we affirm.

Summary judgment is proper if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. OCGA § 9-11-56 c. If a movant who does not bear the burden of proof at trial notes the absence of evidence to support an essential element of the respondent’s case, the respondent must then identify evidence in the record giving rise to a triable issue. We review a trial court’s grant of summary judgment de novo, construing the evidence and reasonable inferences in favor of the nonmoving party.2

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