"In the absence of malice or intent to injure, 'no liability attaches to the officer’s exercise of his lawful discretion even when the decision to effectuate the arrest is flawed,'" the Georgia Court of Appeals ruled.
April 28, 2022 at 10:39 AM
4 minute read
Litigation Reporter
A Gwinnett County officer lacked probable cause to arrest a woman for refusing to present her identification to him, the Georgia Court of Appeals has ruled.
But the court also found qualified immunity protects the officer from the lawsuit the woman filed after her unlawful arrest.
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