Travis Trammell, Appellant v. Linda Marlene Wright, Appellee — Hart, J., Dissenting

Summary

Justice Hart's dissent would affirm the circuit court's denial of summary judgment based on immunity, reasoning that the majority improperly decided the merits of Wright's tort claims rather than the qualified-immunity issue presented on interlocutory appeal. The dissent concludes that Wright adequately pleaded false arrest and false imprisonment because Trammell intentionally confined her without a valid warrant, and that the pleadings must be viewed in her favor. Special Justice Gardner, concurring in the majority's result, would instead hold that Trammell was entitled to statutory immunity because he acted within his authority, in good faith, and reasonably relied on law-enforcement confirmation.