City of Marietta v. Kelly

Shulman, Presiding Judge.

Appellee John Kelly brought suit under 42 USCA § 1983 against The City of Marietta, the Mayor of Marietta, the Marietta City Council (in their individual and official capacities), the K-Mart Corporation, a K-Mart security guard, a Marietta city policeman, and the Judge of the Municipal Court of Marietta for allegedly violating his civil rights. He also sued the same defendants for false arrest, false imprisonment, and malicious prosecution. OCGA §§ 51-7-1; 51-7-20; and 51-7-40 (Code Ann. §§ 105-1001; 105-901; and 105-801). On April 8, 1980, appellee was detained by a…