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MILLER v. DEPARTMENT OF PUBLIC SAFETY

No. A96A0455.

470 S.E.2d 773 (1996)

221 Ga. App. 280

MILLER v. DEPARTMENT OF PUBLIC SAFETY.

Court of Appeals of Georgia.

Reconsideration Denied May 6, 1996.

Certiorari Denied July 12, 1996.

Attorney(s) appearing for the Case

Michael J. Kramer, Marietta, for appellant.

Michael J. Bowers, Atty. Gen., George P. Shingler, Deputy Attorney General, Carlton L. Kell, Lisa S. Siegel, Matthew P. Stone, Asst. Attys. Gen., for appellee.

ANDREWS, Judge.

Miller sued the Georgia Department of Public Safety (DPS) alleging that a Georgia State Patrol officer employed in the Uniform Division of the DPS used excessive force amounting to an unprovoked assault and battery upon his person while the officer was arresting him for a motor vehicle violation. In his complaint, Miller alleged causes of action under 42 USC § 1983 and under the Georgia Tort Claims Act (OCGA § 50-21-20 et seq.). The DPS answered...

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