Craig Brown v. georgiacarry.org, Inc.
331 Ga. App. 890
| Ga. Ct. App. | 2015Background
- Belt openly carried a handgun at Colonial Mall; mall security asked him to return the gun to his vehicle due to policy and a shoplifting concern.
- Lt. O’Neal informed officers that Belt was a suspect in a shoplifting incident and that security had complaints about the gun inside the mall; Belt refused to show his firearm license.
- Officers Scott and Brown arrived; Belt again refused to produce licenses; Belt was arrested by Brown for misdemeanor obstruction.
- Appellees filed a § 1983 action for malicious prosecution; trial court denied summary judgment on qualified immunity, finding genuine issues of material fact.
- The appellate court reviews de novo and must determine whether the officers had arguable reasonable suspicion to detain Belt and request identification.
- Court held that officers had arguable reasonable suspicion based on information from Lt. O’Neal, and thus were entitled to qualified immunity; decision reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers are entitled to qualified immunity on the §1983 malicious-prosecution claim | Belt contends officers lacked arguable reasonable suspicion to detain. | Officers relied on information from Lt. O’Neal and had arguable reasonable suspicion. | Yes; qualified immunity applies. |
| Whether requesting identification under the circumstances constituted obstructive behavior | Refusal to identify cannot support obstruction if not supported by reasonable suspicion. | Arrest based on reasonable suspicion and request for license was lawful. | Arguable reasonable suspicion supported detention and license request; immunity applies. |
Key Cases Cited
- Hood v. Todd, 287 Ga. 164 (Ga. 2010) (de novo review standard for summary judgment; qualified immunity context)
- White v. Shamrock Bldg. Systems, 294 Ga. App. 340 (Ga. App. 2008) (circumstantial vs direct evidence in factual disputes)
- Beasley v. State, 270 Ga. App. 638 (Ga. App. 2004) (reasonable suspicion as basis to stop and identify)
- Jackson v. Sauls, 206 F.3d 1156 (11th Cir. 2000) (arguable reasonable suspicion governs qualified immunity inquiry)
- Gibbs v. Loomis, Fargo, & Co., 259 Ga. App. 170 (Ga. App. 2003) (public policy toward prosecuting crimes; context in malicious prosecutions)
- Kolender v. Lawson, 461 U.S. 352 (U.S. 1983) (identification requirement debates in Terry-era context)
- Ewumi v. State, 315 Ga. App. 656 (Ga. App. 2012) (first-tier encounter and rights analysis in Georgia context)
- Kapila v. Jenkins, 2009 U.S. Dist. LEXIS 38650 (S.D. Fla. 2009) (not reporter; omitted from key-cited list)
- Weidmann v. State, 222 Ga. App. 796 (Ga. App. 1996) (obstruction statute requires knowing and willful conduct)