Title 51 — Title 51

Wachovia Corp., 260 Ga. App. 612, 580 S.E.2d 259 (2003). Because the plaintiff had gone to the police stations and told two other officers that the arresting officer had better stop harassing the plaintiff, and because the arresting officer had stopped the plaintiff for traffic v…

Malice consists in personal spite or in a general disregard of the right consideration of mankind, directed by chance against the individual injured. (Orig. Code 1863, § 2936; Code 1868, § 2943; Code 1873, § 2994; Code 1882, § 2994; Civil Code 1895, § 3855; Civil Code 1910, § 445…

False imprisonment is the unlawful detention of the person of another, for any length of time, whereby such person is deprived of his personal liberty. (Orig. Code 1863, § 2932; Code 1868, § 2939; Code 1873, § 2990; Code 1882, § 2990; Civil Code 1895, § 3851; Civil Code 1910, § 4…

Camden County, 583 F. Supp. 2d 1358 (S.D. Ga. 2008). Claim was ripe for adjudication. — While a city and two police officers argued that an arrestee’s claim of false imprisonment under O.C.G.A. § 51-7-20 was not ripe because the arrestee’s criminal prosecution had not terminated …

If false imprisonment is the act of several persons, they may be subject to an action jointly or separately. If jointly, all shall be responsible for the entire recovery. (Orig. Code 1863, § 2934; Code 1868, § 2941; Code 1873, § 2992; Code 1882, § 2992; Civil Code 1895, § 3853; C…

Lack of probable cause shall exist when the circumstances are such as to satisfy a reasonable man that the accuser had no ground for proceeding but his desire to injure the accused. Lack of probable cause 653 51-7-3 shall be a question for the jury, under the direction of the cou…

Williams, 276 Ga. App. 475, 623 S.E.2d 686 (2005). Civil rights action. — In a 42 U.S.C. § 1983 case in which a pro se inmate appealed a district court’s 28 U.S.C. § 1915A dismissal of the inmate’s claims for false arrest and false imprisonment as barred by the Heck decision, the…

The criminal prosecution forming the basis for an action for malicious prosecution must be ended before the right of action for malicious prosecution accrues. (Orig. Code 1863, § 2931; Code 1868, § 2938; Code 1873, § 2989; Code 1882, § 2989; Civil Code 1895, § 3850; Civil Code 19…

Oliver, 450 F. Supp. 2d 1336 (N.D. Ga. 2006). Cited in Hartshorn v. Smith, 104 Ga. 235, 30 S.E. 666 (1898); South Ga. Grocery Co. v. Banks, 52 Ga. App. 1, 182 S.E. 61 (1935); Peppas v. Miles, 82 Ga. App. 438, 61 S.E.2d 429 (1950); Wall v. Spurlock, 85 Ga. App. 379, 69 S.E.2d 379 …

Lack of probable cause shall exist when the circumstances are such as to satisfy a reasonable man that the accuser had no ground for 690 51-7-43 ARREST, IMPRISONMENT, MALICIOUS PROSECUTION 51-7-43 proceeding but his desire to injure the accused. Lack of probable cause shall be a …

A total lack of probable cause is a circumstance from which malice may be inferred; however, the inference may be rebutted by proof. (Orig. Code 1863, § 2929; Code 1868, § 2936; Code 1873, § 2987; Code 1882, § 2987; Civil Code 1895, § 3848; Civil Code 1910, § 4444; Code 1933, § 1…

For consideration of the existence of probable cause, the evidence given during the criminal prosecution by the person accused of the malicious prosecution may be submitted to the jury by either party. The credibility of such evidence shall be determined by the jury. (Orig. Code …

Malice defined. Lack of probable cause defined; question for jury. Arrest under civil process of person exempt from such arrest. 51-7-47. Article 4 Detention or Arrest on Suspicion of Shoplifting or Film Piracy Article 2 False Imprisonment 51-7-20. 51-7-21. 51-7-22. 51-7-60. Fals…

Recovery in actions for malicious prosecution shall not be confined to the actual damage sustained by the accused but shall be regulated by the circumstances of each case. (Orig. Code 1863, § 2928; Code 1868, § 2935; Code 1873, § 2986; Code 1882, § 2986; Civil Code 1895, § 3847; …

Effect of good faith on liability for imprisonment under warrant. False imprisonment by several persons. Article 3 51-7-61. 51-7-62. Malicious Prosecution 51-7-40. 51-7-41. 51-7-42. 51-7-43. 51-7-44. Right of action for malicious prosecution. Accrual of right of action. Inquiry b…

As used in this article, the term: (1) ‘‘Civil proceeding’’ includes any action, suit, proceeding, counterclaim, cross-claim, third-party claim, or other claim at law or in equity. 712 51-7-80 ARREST, IMPRISONMENT, MALICIOUS PROSECUTION 51-7-80 (2) ‘‘Claim’’ includes any allegati…

Any person who takes an active part in the initiation, continuation, or procurement of civil proceedings against another shall be liable for abusive litigation if such person acts: (1) With malice; and (2) Without substantial justification. (Code 1981, § 51-7-81, enacted by Ga. L…

(a) It shall be a complete defense to any claim for abusive litigation that the person against whom a claim of abusive litigation is asserted has voluntarily withdrawn, abandoned, discontinued, or dismissed the civil proceeding, claim, defense, motion, appeal, civil process, or o…

Emory Univ., 225 Ga. App. 247, 483 S.E.2d 362 (1997). Attorney’s fees denied. — Creditor’s motion to amend the creditor’s claim for sanctions against the debtor under O.C.G.A. § 9-15-14 to state a claim under O.C.G.A. § 51-7-81 was denied as the amendment was untimely and inequit…

(a) As a condition precedent to any claim for abusive litigation, the person injured by such act shall give written notice by registered or certified mail or statutory overnight delivery or some other means evidencing receipt by the addressee to any person against whom such injur…

On and after April 3, 1989, no claim other than as provided in this article or in Code Section 9-15-14 shall be allowed, whether statutory or common law, for the torts of malicious use of civil proceedings, malicious abuse of civil process, nor abusive litigation, provided that c…