El-Amin v. Trust Co. Bank, EL-AMIN

• Decision Date: 06 April 1984
• Docket Number: No. 67870,EL-AMIN,67870
• Citation: 318 S.E.2d 655,171 Ga.App. 35
• Parties: v. TRUST COMPANY BANK et al.
• Court: Georgia Court of Appeals

Page 655

318 S.E.2d 655

171 Ga.App. 35

EL-AMIN v. TRUST COMPANY BANK et al.

No. 67870.

Court of Appeals of Georgia.

April 6, 1984.

Rehearing Denied May 18, 1984.

William D. Smith, Robert M. Goldberg, Atlanta, for appellant.

Gail C. Flake, Walter B. McClelland, Alan B. Kyman, Atlanta, for appellees.

QUILLIAN, Presiding Judge.

Plaintiff-appellant Abdul Rasheed El-Amin appeals the grant of summary judgment to defendant-appellees Trust Company Bank (TCB) and Eaton, one of TCB's employees, in an action alleging libel and slander, false arrest and imprisonment, malicious prosecution, infliction of emotional distress, interference with employment, and conspiracy to commit the foregoing. The libel and slander allegations are no longer a part of the action by agreement of the parties.

The record shows the following: In February 1981 an apartment in DeKalb County was burglarized and the victim's TCB Financial Transaction Card, for use in TCB's automated teller machines, was taken. TCB's records showed that money had been withdrawn from the victim's account by the use of the stolen card and the teller machine had taken photographs with a hidden camera of the person who had used the card. Defendant Hicks, a DeKalb County Police Department detective, investigated the robbery, and received from the victim the name Wallie L. Amin as a suspect and an automobile tag number. The auto tag was registered to appellant. Hicks then obtained a copy of appellant's driver's license with his photograph on it and asked the victim's apartment manager if he knew of a black male with appellant's name. The manager told Hicks that he had a tenant named Wallie El-Amin, whom he believed was the brother of appellant. He also said that he had seen a man who looked like appellant's driver's license photo in the apartment complex and that it could have been about the time of the burglary. The victim could not identify appellant's driver's license photo.

Heath, a TCB investigator, informed Hicks that she had the teller machine photos of the man who had used the stolen card. The victim could not identify the person depicted in the teller photos.

On August 1, 1981, Smith, an investigator for Radio Shack, appellant's employer, informed Heath that he was investigating the use of stolen credit cards to obtain merchandise from a Radio Shack store where appellant had worked and that Radio Shack's employees had indicated that appellant might be involved. Heath told Smith that appellant was a suspect in the use of a stolen TCB teller card, and Smith asked to see the photographs taken by the teller machine cameras of the person who had used the card. Smith showed the photos to appellant's district manager who thought they were of appellant. On August 24, 1981 Smith went to the Radio Shack store where appellant was then working to interview him. Upon seeing appellant, it appeared to Smith that the photos were of appellant. Appellant denied involvement in the use of stolen credit cards at the store where he had previously worked. Appellant then underwent a voluntary polygraph examination. The operator questioned appellant about the use of the stolen credit cards in the store and about the use of the stolen TCB teller card. Appellant denied any involvement. The examination showed deception by appellant. When shown the teller machine photos, appellant at first identified the person depicted as himself, but subsequently said it could not be him as he had no such clothes as the person depicted was wearing. This information was given to Heath, who passed it to Hicks. Appellant was suspended from his employment at Radio Shack pending the investigation and told to contact defendant Eaton, a security officer at TCB, to get the matter (of the use of the teller card) straightened out. Appellant contacted Eaton and met with Eaton, Heath and Hicks at DeKalb County Police Department on August 28. Upon questioning appellant denied involvement in the use of the teller card and denied that the teller photos were of himself. Eaton indicated that appellant looked like the person who used the card depicted in the photos. Two other policemen who were asked to look at the teller photos said that they looked like appellant. Heath said appellant's former name was Robert X. Birdsong, which appellant denied. Hicks thereupon arrested appellant for the burglary and unauthorized possession of the teller card. Appellant was discharged from his employment by Radio Shack because of the charges against him, and was shortly thereafter indicted. The following July a nolle prosequi was entered on the indictment. Appellant then commenced this action against TCB, Eaton and Hicks. Summary judgment was denied Hicks, but granted to TCB and Eaton, from which grant this appeal is taken. Held:

The basis for appel...