Bateast v. Dekalb County

Blackburn, Chief Judge.

In this action for false arrest and malicious prosecution, Elnora Bateast appeals the trial court’s grant of summary judgment to Tracy Bernard Goggins and Charles M. Franklin, contending that a question of fact remains whether these two DeKalb County police officers acted with actual malice by falsely accusing and arresting her for giving a false name and date of birth.1 For the reasons set forth below, we reverse.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). A de…