The Georgia Court of Appeals recently reversed the grant of summary judgment to an Atlanta police officer on the claims of false arrest and malicious prosecution. The court ruled that a material issue of fact existed as to whether actual malice was involved and whether there was probable cause.
In Jones v. Warner, the plaintiff, Chastity Jones, was eating at a KFC in downtown Atlanta with two friends when she decided that she wanted to visit Atlantic Station. Jones noticed a police van outside in which Officer Adriane Warner was sitting. Jones walked to the van and asked Warner for directions to Atlantic Station while Warner was on the radio. Warner failed to respond and Jones asked for directions a second time. Warner raised her finger instructing Jones to wait. Warner then stated “17th Street” and pointed to the right. Jones asked, “Where is that?” to which Warner responded, “Can’t you see I am on my radio?” While walking back to the restaurant, Jones stated, “You didn’t have to be so rude about it.”
Warner followed Jones into the KFC and told her that she needed to speak with her. Jones apologized for disturbing the radio call and turned to walk to her table. Warner then stated, “Don’t walk away from me when I’m talking to you.” At that time, Warner pulled Jones out of the KFC and held her arm to the wall. Jones again apologized. Warner then put Jones in handcuffs and asked for an ID. Jones stated she didn’t have an ID but later found it on her person. At the precinct, Warner discovered that Jones had a warrant for failure to appear. Jones was then charged with violating the Atlanta City ordinance for disorderly conduct. The ordinance, which was later changed, prohibited the interference “by acts of physical obstruction, [with] another’s pursuit of a lawful occupation.” The Solicitor eventually moved to dismiss the charges which the municipal court granted.
Jones then sued for false arrest and malicious prosecution. Warner testified that Jones stated “damn officers” as she walked back to the KFC, and that once inside she cursed in front of children which gave her probable cause to arrest. However, Warner never mentioned any cursing in her initial report and even stated in her deposition that she had no reasonable grounds for believing a crime had been committed prior to Jones’ re-entry into the KFC. Furthermore, one of Jones’ friends testified that she was calm and never cursed. Nonetheless, the trial court granted Warner’s motions for summary judgment.
False arrest arises when an arrest occurs without probable cause and when made maliciously. A lack of probable cause exists when a reasonable man would believe that the officer had no grounds for proceeding with the arrest except out of a desire to injure the arrestee. The additional element of malice may be inferred from a total lack of probable cause. Because Warner could not provide any undisputed evidence showing that the arrest for disorderly conduct was justified, the appellate court ruled that the trial court should have allowed a jury to decide the question.
Moreover, the court ruled that the claim for malicious prosecution should have also reached the jury. Whether malicious prosecution exists depends on whether the facts, as they existed at the time of instituting the prosecution, were such as to lead a person of ordinary caution to entertain a belief that the accused was guilty of the offense charged. If probable cause existed, the malicious prosecution claim will fail. Since a question of fact remains as to whether there was probable cause and a prosecution had been initiated, the appellate court held that summary judgment was improper.
Our victims’ rights attorneys have successfully represented several clients who have fallen victim to abusive police practices. In our experience, false arrest and malicious prosecution are not uncommon occurrences and many victims fail to exercise their rights under Georgia and federal laws which are designed to protect and compensate those who have been wrongfully arrested or prosecuted. While it can often be a difficult task to get such a case to the jury stage, juries can and do award significant monetary damages in such cases. It is our hope that cases like this one will allow more victims to exercise their rights and eventually prevent future abusive police practices.
Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon, Madison and Savannah. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.
