Legal Opinion

McSmith v. Brown

Court of Appeals of Georgia

Decided October 3, 2012No. A12A1140PublishedCited by 2 opinions

1Opinion of the Court

McFadden, Judge.

Derek LeRoy McSmith appeals pro se from the trial court’s order dismissing, for failure to state a claim, his malicious prosecution action against Greg Brown, an assistant solicitor-general in the office of the Fulton County Solicitor-General. Because we agree with the trial court that Brown is entitled to prosecutorial immunity from this suit, we affirm.

‘We review de novo the grant of a motion to dismiss for failure to state a claim and construe the complaint’s factual allegations in favor of the plaintiff.” (Citation omitted.) Thomas v. Bank of America Corp., 309 Ga. App.…

2Cases cited3 opinions

  1. Robbins v. LanierCourt of Appeals of Georgia · 1991
  2. Thomas v. Bank of America Corp.Court of Appeals of Georgia · 2011
  3. Battle v. SparksCourt of Appeals of Georgia · 1993

3Cited by2 opinions

  1. Bizzard v. ForakerDistrict Court, S.D. Georgia · 2023
  2. HARDRICK v. GEORGIADistrict Court, M.D. Georgia · 2023

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API