Legal Question in Criminal Law in Georgia

Re: Suing a detective for false arrest in small claims court?

If you are talking about a police officer and not a private detective, than there is an issue of sovereign immunity. I would advise that you speak with local counsel concerning your case.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Re: Suing a detective for false arrest in small claims court?

Sovereign immunity applies to police officers while in the performance of their official duty. There are also issues involving ante litem notices required by the Georgia Tort Claims Act. That said, your claim could be persued in small claims provided you do not exceed the jurisdictional limits of the small claims court. That limit is $15,000.00.

If you wish to discuss this matter further, please call.

Jim Hough

770-607-5300