Simon v. City of Atlanta

Barnes, Chief Judge.

Steven Simon sued the City of Atlanta and others concerning his arrest and detention in August 2001. The trial court dismissed the action as time-barred because it was not filed within the limitation period established in OCGA § 9-3-33. We find that Simon filed a proper ante litem notice, that he asserted this fact below, and that the statute of limitation did not run during the pendency of his claim before the City. We therefore reverse.

Amotion to dismiss for failure to state a claim should not be sustained unless (1) the allegations of the complaint disclose with…