Travis Trammell, Appellant v. Linda Marlene Wright, Appellee — Gardner, J., Concurring

Summary

Special Justice Gardner concurred in the result, reasoning that statutory immunity should depend not only on whether the tort is characterized as intentional or negligent, but also on whether the officer acted within authority, in good faith, and reasonably believed the conduct was lawful. He concluded that Officer Trammell's additional inquiries and reliance on confirmation of the warrant established immunity and warranted reversal and remand for summary judgment in Trammell's favor. Justice Hart, dissenting and joined by Justice Baker, would have affirmed because the complaint alleged an unauthorized arrest and the immunity issue could not be resolved against Wright on summary judgment.