Robbins v. Lanier

Banke, Presiding Judge.

The appellant filed this action against the appellee — identified in the complaint as the district attorney of Floyd County, Georgia, but assertedly named as a defendant in his individual rather than in his official capacity — seeking to recover damages for the latter’s alleged conduct in causing an arrest warrant to be issued against him charging him with terroristic threats and acts. The case is before us on appeal from the grant of the appellee’s motion to dismiss the complaint for failure to state a claim.

The warrant was sworn out by a county police detective, based…