Brown v. Town of Chapel Hill

HUNTER, Robert C., Judge.

*258Officer D. Funk (“defendant” or “Officer Funk”) and the Town of Chapel Hill (“the Town”) (collectively “defendants”) appeal from an order denying in part their motion for summary judgment as to the claim of plaintiff Charles D. Brown for false imprisonment. Only Officer Funk’s appeal from the trial court’s denial of his motion for summary judgment based on public official immunity is properly before us. Because plaintiff failed to forecast evidence that Officer Funk acted with malice, we reverse.

Background

This lawsuit arises out of the stop and detention of plaintiff…