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White v. Traino

Plaintiffs who were detained briefly during the execution of a lawful search warrant had no claim for false imprisonment.

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Three occupants of a residence that was searched pursuant to a lawful warrant alleged various tort claims against Captain Russell Traino of the Columbus Police Department, the officer who supervised the drug raid. Roberto C. White, III, hereinafter “White” his wife, Dessie R. White, and their 12-year-old son, Kelvin White, brought suit solely against Captain Traino individually. The Whites’ complaint asserted claims for several intentional torts purportedly perpetrated by Traino, including an alleged assault and battery of White, an alleged assault and illegal search of a purse belonging to Dessie White, an alleged assault and battery of Kelvin White and the false imprisonment of all three plaintiffs. The trial court determined that Traino was entitled to summary judgment, and we agree.

Traino sought summary judgment on several grounds: official immunity in the absence of evidence of actual malice, the lawful execution of a warrant under OCGA § 17-5-28, the inapplicability of the doctrine of respondeat superior, and an assertion that OCGA § 17-5-20 foreclosed the claims for false imprisonment. Without reciting the basis for doing so, the trial court awarded summary judgment to Traino.

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