Woodward v. Gray

Although police officer had no probable cause to arrest plaintiff for disobeying her order to move away while she arrested plaintiff's brother, the officer had official immunity since there was no evidence she acted with malice.

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Rosaline Ogletree Woodward sued Officer Elaine Gray and her employer, Columbus, Georgia, for arresting her without probable cause for disorderly conduct, giving rise to claims under OCGA § 51-7-1, 51-7-20, 51-7-22, 51-7-40, 51-7-41, assault and battery, and 42 U. S. C. § 1983. Woodward’s alleged disorderly conduct consisted of standing eight feet from Officer Gray in the street across from her mother’s home for several minutes and in yelling in a loud voice that Gray was harassing people without reason when she arrested her brothers and put them in handcuffs; Woodward refused to leave the area on command by Officer Gray as obstruction of Gray’s performance of her duty and Woodward argued with Officer Gray over leaving, because it was her mother’s house. Specifically, Woodward yelled loudly in front of a crowd “that was her brother being arrested; that she didn’t have to go any fucking where”; “you can’t tell me what to do; this is public property; I pay your fucking salary; you don’t have to, and the hell with you; this is public property; I don’t have to leave this street; I can come over here and find out what’s going on.”

Being obnoxious, loud, and arguing with the police and refusing to move more than eight feet from the police on command where such distance does not interfere with the performance of police duties does not constitute probable cause to believe that disorderly conduct has occurred. Conduct that does not rise to actual interference or obstructing a police officer does not constitute disorderly conduct under the Columbus ordinance, although the Columbus Police Department uses such facts and circumstances as a lesser violation for less blatant conduct for arguing with the police or refusing to obey an officer.

Woodward v. Gray

Although police officer had no probable cause to arrest plaintiff for disobeying her order to move away while she arrested plaintiff's brother, the officer had official immunity since there was no evidence she acted with malice.

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