The Georgia Court of Appeals revived claims of premises liability and false imprisonment brought by tenants Mario Vasquez Melgar, Villeda, and Herrera, alongside an individual assault claim for Melgar. Detective Charles Craig had summoned police backup and breached the apartment during a 2022 burglary investigation under the incorrect assumption that the residence sat vacant. Although claims for trespass, battery, and certain assault allegations were dismissed, the appellate panel rejected the landlord's defense that Craig acted exclusively under official municipal police authority. The lawsuit will now return to the Gwinnett County Superior Court to resolve remaining liability and damages…
Key points
Landlords cannot automatically evade civil liability for safety practices simply by emplo…: Landlords cannot automatically evade civil liability for safety practices simply by employing off-duty law enforcement officers for security.
The case now returns to Gwinnett County Superior Court for a jury trial on agency and fin…: The case now returns to Gwinnett County Superior Court for a jury trial on agency and financial damages.
The appellate ruling formally affirmed the dismissal of the tenants' claims regarding bat…: The appellate ruling formally affirmed the dismissal of the tenants' claims regarding battery and trespass.
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A late-night incident involving an off-duty police officer working as a private security guard has led to an important legal development for tenant safety rights in Georgia. The Georgia Court of Appeals has restored civil claims against apartment owner SMRE Roswell SPE LLC after an officer wrongly believed a rented apartment was empty and detained the tenants living there. The ruling in case number A26A1353, issued on 3 November 2026, partly reversed an earlier court decision. It allows property management companies to face direct legal responsibility when security workers make unlawful entries. Plaintiffs Mario Vasquez Melgar, Villeda, and Herrera can now continue seeking damages for assault, false imprisonment, and premises liability in trial court.
Night raid on rented property
The case began with an incident in 2022 at the Roswell Creek Apartment complex. Detective Charles Craig was a police officer who also worked part-time as a security guard for the complex. He responded to reports of burglaries on the property. Believing that certain apartments were empty, Craig called for police backup and forced his way into the apartment where Melgar…
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