City of Marietta v. Kelly
Court of Appeals of Georgia
1Opinion of the Court
McMurray, Presiding Judge.
Upon our initial consideration of the case sub judice (see City of Marietta v. Kelly, 169 Ga. App. 927 (315 SE2d 659), wherein the facts of the case sub judice are set forth), the City of Marietta contended that even if the arrest warrant were invalid (which was so held by our Supreme Court in Kelly v. City of Marietta, 253 Ga. 579 (322 SE2d 885)), “that invalidity did not rise to the level of a violation of appellee’s constitutionally guaranteed civil rights.” This issue, which we did not reach in City of Marietta v. Kelly, 169 Ga. App. 927, supra, remains for…
2Cases cited10 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Beck v. OhioSupreme Court of the United States · 1964
- Gerstein v. PughSupreme Court of the United States · 1975
- Malcom v. MalcolmCourt of Appeals of Georgia · 1965
- Paxton v. StateCourt of Appeals of Georgia · 1981
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3Cited by2 opinions
- RITSCHEL v. City of Fountain ValleyCalifornia Court of Appeal · 2006
- City of Marietta v. KellyCourt of Appeals of Georgia · 1985