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Jackson v. Payne

The trial court erred in denying summary judgment to the defendant sheriff on the issue of official immunity with respect to the plaintiff's claims based on negligent supervision and training.

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Brooke Payne brought suit against Fulton County Sheriff Theodore Jackson, Deputy Anthony Robinson, Deputy Clinton McCrory, and others seeking damages arising out of the execution of a writ of fieri facias “fi. fa.”. Payne alleges that, after the deputies confronted him in a public place and took all of his personal possessions pursuant to the fi. fa., the deputies then detained him, forced him into the back of a sheriff’s car, and took him against his will to his hotel room several miles away to seize other personal property located therein. Payne seeks damages based on the deputies’ conduct, which includes imprisonment for a debt, illegal detention, malicious and wrongful use of process, and intentional infliction of emotional distress. Payne sued Sheriff Jackson in his individual and personal capacity, alleging that he failed properly to supervise and train his deputies with respect to the execution of fi. fas., and failed to promulgate rules and establish policies to prevent illegal detention and false arrest during the execution of a fi. fa.1

The defendants filed a motion for summary judgment asserting, inter alia, that the suit was barred under the doctrine of official immunity. The trial court denied the defendants’ motion summary judgment, and they appeal. For the reasons that follow, we affirm in part and reverse in part.

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