Thompson v. Reichert
318 Ga. App. 23
| Ga. Ct. App. | 2012Background
- Inmate Charles Thompson, pro se, filed a civil action in Bibb County Superior Court against Macon Mayor Reichert and city police officers for false arrest, false imprisonment, and civil rights violations.
- Thompson alleged arrest without probable cause by a Macon officer acting at his employer's behest to terminate him, followed by days of wrongful detention.
- The trial court denied Thompson's filing and his request to proceed in forma pauperis, stating no cause of action on the face of the pleadings.
- Thompson sought discretionary appeal; the appellate court granted review and agreed to consider the trial court's denial.
- The appellate court held that Thompson's pro se complaint stated justiciable claims and that the trial court erred in denying filing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion denying filing under OCGA 9-15-2(d) | Thompson asserts a liberally construed pro se complaint shows justiciable issues. | Reichert/City argue there is a complete absence of any justiciable issue on the face of the filing. | Yes; the trial court erred in denying filing. |
| Whether pro se inmates receive indulgence and the court should file to allow amendment | Handwritten pleading should be liberally construed and allowed to proceed. | Difficult readability justifies dismissal or amendment only after filing, not denial to file. | Pro se inmates are entitled to indulgence and the complaint should be filed, with possible amendment. |
Key Cases Cited
- Nasa v. Brown, 311 Ga. App. 809 (2011) ((1) (717 SE2d 310))
- Romano v. Ga. Dept. of Corrections, 303 Ga. App. 347 (2010) ((693 SE2d 521))
- Gamble v. Ware County Bd. of Ed., 253 Ga. App. 819 (2002) ((561 SE2d 837))
- Bush v. Bank of New York Mellon, 313 Ga. App. 84 (2011) ((720 SE2d 370))
- McKissick v. S.O.A., Inc., 299 Ga. App. 772 (2009) ((684 SE2d 24))
- Davis v. Wallace, 310 Ga. App. 340 (2011) ((713 SE2d 446))
- King v. Pioneer RESA, 301 Ga. App. 547 (2009) ((688 SE2d 7))
- Evans v. City of Atlanta, 189 Ga. App. 566 (1988) ((377 SE2d 31))