Brown v. Town of Chapel Hill

The sole issue on appeal is whether there exists a genuine issue of material fact regarding whether Officer Funk acted with malice and, therefore, is not entitled to public official immunity. I believe that the majority opinion has shown only that no issue of genuine fact exists regarding whether Officer Funk had reasonable suspicion to stop plaintiff. Yet, because Officer Funk arrested plaintiff, he was required to have *272more than a suspicion; he could not arrest plaintiff without probable cause. The majority - which concludes that Officer Funk in fact arrested plaintiff - bases its holding…