Kelly v. City of Marietta

Bell, Justice.

The facts of this case are reported in City of Marietta v. Kelly, 169 Ga. App. 927 (315 SE2d 659) (1984). In the first division of that opinion the Court of Appeals reversed the trial court’s grant of partial summary judgment to plaintiff-appellee John Kelly on his 42 USCA § 1983 claim against defendant-appellant Marietta City Councilman William Peek, holding that OCGA § 17-4-40, the City of Marietta Charter, Ga. L. 1977, p. 3541, and Marietta City Ordinance § 2-1002 (g) authorized Peek, by virtue of his status as a City Council member, to issue an arrest warrant for a state…