Legal Question in Civil Rights Law in Georgia

got a question.

My son was called into Six Flags for a job interview last week (interview was yesterday 5/31/11). He has worked for Six Flags (via Smarte Cart) for approx 2 years. Smarte Cart ran a background check and there was a flag on it. He then called Warwick County to find out why was something coming up on his background check. Warwick County clerk said in so many words they would remove the charge/warrant because the case was dismissed/thrown out.

So supervisor told him he needed to go to Six Flags and speak to Loss and Prevention (not in these words). He gets to the interview and shows the interviewer paperwork showing that what was on his background check was invalid, because the case was dismissed/thrown out. after showing an employee at Six Flags the paperwork, they told him they would be right back and instead the Cobb County Sheriff came in and arrested him. He was released after approx 4-5 hours. Is there a law suit defamation of character, false arrest and embarrassment?


Asked on 5/31/11, 1:35 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Aside from the fact that you completely left out any facts whatsoever about the original charges and warrant, you fail to tell us who you think should be liable for something. There is certainly no legal entitlement to not be embarrassed (and, again, the "embarrassment" likely stems from the conduct that led to the warrant). The same is true for defamation of character. As far as false arrest, if there is a warrant for his arrest, the deputies are going to arrest him. Finally, it is the unusual situation where a person is shocked to find out there is a warrant for their arrest. If a person knows about it, and does nothing to resolve it, they can't really complain later when it bites them (usually when they get arrested). In short, the half of the story that does not favor your son is missing.

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Answered on 5/31/11, 2:00 pm


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