Cleland v. United States Fidelity & Guaranty Insurance

Felton, Chief Judge.

While procuring the issuance of an arrest warrant may be within the official duties of a peace officer, his procurement thereof may also be made as a private citizen and thus be wholly disconnected from the performance of his official duties. Smith observed the plaintiff allegedly violating the law. He could have had a warrant issued and arrest made for such violation in the furtherance of his duties as a peace officer. This Smith did not do, According to the petition, Smith intended doing nothing about the alleged violation. He let the matter pass. Later, after the…