McCollum v. Garrett

LAMBERT, Justice.

This Court granted discretionary review to consider the extent to which a public prosecutor shall have immunity from civil liability for malicious prosecution.1 A separate question which must first be addressed is whether the complaint filed by appellee, Georgia Fay Garrett, sufficiently stated an individual, as opposed to an official capacity, claim against appellant, Charles R. McCol-lum, III. As this case was resolved by summary judgment in the trial court, the relevant testimony contained in Garrett’s affidavit must be taken as true.2

This claim for relief arose out of the…