Mercado v. Swoope, 340 Ga. App. 647

On Jan. 20, 2013, Swoope purchased a single Georgia Dome ticket and was standing near the entrance railing next to Gerald Jones, who was observed scalping tickets.
Police undercover scalping detail (Officer Mercado and partner Reister) approached; Mercado testified Jones offered tickets and Swoope negotiated a price and showed a paper ticket.
Mercado signaled a takedown and officers arrested Jones and Swoope without a warrant; Swoope received a citation that was later dismissed.
Swoope sued the City and Mercado (official and individual capacity) for false arrest, false imprisonment, malicious prosecution, negligence, and invasion of privacy.
Summary judgment dismissed claims against the City and Mercado in his official capacity; the trial court denied summary judgment as to Mercado individually on the ground a factual dispute existed about actual malice.
After a jury verdict for Swoope on false imprisonment ($19,240), Mercado appealed arguing he was entitled to official (qualified) immunity; the Court of Appeals reversed, holding no evidence of actual malice and probable cause supported the warrantless arrest.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Mercado is entitled to official immunity for a warrantless arrest	Swoope argued enough evidence (including alleged malicious motive or conduct) existed to submit actual malice to the jury	Mercado argued the arrest decision was discretionary, supported by probable cause, and no evidence showed deliberate intention to do wrong or intent to injure Swoope	Reversed trial verdict: Mercado entitled to official immunity because no evidence of actual malice; officer reasonably believed Swoope was selling a ticket
Whether probable cause existed at the moment of arrest	Swoope maintained arrest was improper because he was not scalping and later not convicted	Mercado maintained his belief was reasonable given Swoope’s proximity to known scalper and his statements/offered price and paper ticket	Court held probable cause (or at least a reasonable belief) existed at the arrest moment; mistaken belief does not defeat immunity

Wright v. Apartment Investment and Mgmt. Co., 315 Ga. App. 587 (standard for reviewing denial of j.n.o.v.)
Cameron v. Lang, 274 Ga. 122 (doctrine and threshold inquiry for qualified/official immunity)
Merrow v. Hawkins, 266 Ga. 390 (actual malice requires deliberate intention to do wrong)
Selvy v. Morrison, 292 Ga. App. 702 (actual intent to cause injury = intent to harm plaintiff; mistaken belief does not negate immunity)
Delong v. Domenici, 271 Ga. App. 757 (probable cause measured by facts known at arrest moment)
Marshall v. Browning, 310 Ga. App. 64 (no evidence of malice required reversal for immunity)
Gardner v. Rogers, 224 Ga. App. 165 (examples where conduct supported a finding of actual malice)
City of Atlanta v. Shavers, 326 Ga. App. 95 (officer’s conduct after learning innocence could show actual malice)
Lagroon v. Lawson, 328 Ga. App. 614 (facts showing coercion/tactics that support malice finding)
Taylor v. Waldo, 309 Ga. App. 108 (warrantless arrest is a discretionary act)
Tattnall County v. Armstrong, 333 Ga. App. 46 (discussion distinguishing sovereign and official immunity)
Rivera v. Washington, 298 Ga. 770 (later-cited appellate guidance on immunity doctrine)
Zilke v. State, 299 Ga. 232 (overruling context cited in discussion)