439 S.W.3d 718 (Ark.App. 2014), CV-14-166, Trammell v. Wright

Docket Nº:CV-14-166
Citation:439 S.W.3d 718, 2014 Ark.App. 439
Opinion Judge:BRANDON J. HARRISON, Judge.
Party Name:TRAVIS TRAMMELL, APPELLANT, v. LINDA MARLENE WRIGHT, APPELLEE
Attorney:Michael Mosley, for appellant. Norwood & Norwood, P.A., by: Doug Norwood and Alison Lee, for appellee.
Judge Panel:GRUBER and WOOD, JJ., agree. Dismissed. Gruber and Wood, JJ., agree.
Case Date:September 03, 2014
Court:Court of Appeals of Arkansas
 
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Page 718

439 S.W.3d 718 (Ark.App. 2014)

2014 Ark.App. 439

TRAVIS TRAMMELL, APPELLANT,

v.

LINDA MARLENE WRIGHT, APPELLEE

No. CV-14-166

Court of Appeals of Arkansas, Division IV

September 3, 2014

APPEAL FROM THE BENTON COUNTY CIRCUIT COURT. NO. CIV-2013-0680-4. HONORABLE JOHN SCOTT, JUDGE.

Michael Mosley, for appellant.

Norwood & Norwood, P.A., by: Doug Norwood and Alison Lee, for appellee.

GRUBER and WOOD, JJ., agree.

OPINION

Page 719

BRANDON J. HARRISON, Judge.

This case concerns a mistake in identity that occurred, and the fallout from it, when City of Bella Vista police officer Travis Trammell approached Linda Wright and several others while investigating a report of unlawful target shooting in an area known as the " Grosvenor Gravel Pits." Officer Trammell arrested Linda Wright after receiving information from an Arkansas Crime Information Center (ACIC) check that she had an outstanding warrant for her arrest for failing to appear in Elkins District Court. Wright promptly objected, claiming that she did not fail to appear for any court appearance. Officer Trammell returned to his police car and sought confirmation of the warrant's existence from a Washington County authority; the county affirmed the ACIC hit. Wright was arrested and transported to jail based solely on the information the police officer received from the ACIC check and the Washington County follow-up.

Wright was cleared of any wrongdoing after she investigated the warrant's accuracy and learned that the Elkins-based warrant had been issued against one " Linda M. Wright," a person having a different home address, date of birth, and driver's license number than Appellant Wright. Wright sued Officer Trammell, in his personal capacity, and alleged that her arrest violated state tort law. The officer moved for summary judgment against the complaint, which the circuit court denied. Officer Trammell appeals that denial and contends that appellate jurisdiction exists given the circuit court's denial of his defense of statutory immunity under Ark. Code Ann. § 21-9-301 (Supp. 2013) and Ark. R. App. P.-Civil 2(a)(10) (2013); the latter authority permits a party to appeal an immunity-based decision.

An appeal must usually be taken from a final judgment or decree. Arkansas Lottery Comm'n v. Alpha Mktg., 2012 Ark. 23, at 5-6, 386 S.W.3d 400, 404. And the denial of...

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