Davis v. Batchelor

Adams, Judge.

Henry Davis brought suit against Officer Jason Batchelor and the city of Warner Robins for damages arising out of an incident when Batchelor ran over Davis’s foot with his patrol car in connection with Davis’s arrest. The trial court granted the defendants’ motion for summary judgment, holding that Batchelor was performing a discretionary duty and that the city was protected by sovereign immunity for the state law negligence claim and that Davis was unable to show a 42 USC § 1983 claim. We reverse on the state law claim.

Construed in favor of Davis, the evidence shows that on July…