Richard Kline was an invitee at Doc’s Food and Spirits, a bar and restaurant owned by KDB, Inc. and located in the City of Smyrna, when he became involved in an altercation with other Doc’s invitees. Shortly after the altercation, Smyrna police officers arrived at Doc’s to investigate, and officer Chondra Freeman arrested Kline for disorderly conduct. As a result of these events, Kline brought various claims against KDB, officer Freeman individually, and the City of Smyrna. Kline appeals from the trial court’s grant of summary judgment: 1 in favor of officer Freeman on his false imprisonment claim; 2 in favor of officer Freeman on his claim under 42 USC § 1983 that the officer injured him by using excessive force during the arrest; 3 in favor of the City of Smyrna on his claim under 42 USC § 1983 that the injury caused by Freeman’s excessive force resulted from the City’s policy or custom of inadequate training, supervision, and discipline, or from the City’s negligent hiring practices; and 4 in favor of KDB on his claim that the injury he suffered during the arrest was proximately caused by KDB’s negligent failure to keep its premises safe for invitees. Kline also appeals from the trial court’s ruling excluding testimony from his expert witness. For the following reasons, we affirm. 1. The trial court correctly granted summary judgment in favor of officer Freeman on Kline’s false imprisonment claim.
The intentional tort of false imprisonment is defined as “the unlawful detention of the person of another, for any length of time, whereby such person is deprived of his personal liberty.” OCGA § 51-7-20. The essential elements of the claim are the arrest or detention and the unlawfulness thereof. Arbee v. Collins , 219 Ga. App. 63, 66 463 SE2d 922 1995. Officer Freeman arrested Kline without a warrant for disorderly conduct. In response to the false imprisonment claim, Freeman asserted that she had probable cause to make the arrest. The existence of probable cause for an officer to make an arrest without a warrant is not a complete defense to a false imprisonment claim because, even if probable cause existed to believe a crime was committed, a warrantless arrest is still unlawful unless made pursuant to one of the exigent circumstances applicable to law enforcement officers in OCGA § 17-4-20 a. Arbee , 219 Ga. App. at 66; Collins v. Sadlo , 167 Ga. App. 317, 318-319 306 SE2d 390 1983. Pursuant to OCGA § 17-4-20 a, a law enforcement officer is authorized to make an arrest for a criminal offense without a warrant under the following exigent circumstances: if the offense is committed in such officer’s presence or within such officer’s immediate knowledge; if the offender is endeavoring to escape; if the officer has probable cause to believe that an act of family violence, as defined in Code Section 19-13-1, has been committed; if the officer has probable cause to believe that an offense involving physical abuse has been committed against a vulnerable adult, who shall be for the purpose of this subsection a person 18 years old or older who is unable to protect himself or herself from physical or mental abuse because of a physical or mental impairment; or for other cause if there is likely to be failure of justice for want of a judicial officer to issue a warrant. emphasis supplied.
