Tittle v. Corso

The circumstances in Tittle v. Corso 256 Ga. App. 859 (569 SE2d 873) (2002) led to the conclusion that an officer's threats, use of profanity, and act of slamming a motorist against his vehicle were insufficient to establish actual malice. Id. at 863 (1). The motorist's vehicle had backfired several times, and the officer believed the noises he heard were gunshots. The motorist tried to explain that he was having car trouble, but the officer said, "Shut up. I'm in control." Id. at 860. The officer walked the motorist over to the patrol car, slammed him down on the hood and said, "If you fucking move, I'll put my dog on you, and he'll eat you up." The officer also threatened to blow the motorist's head off if he "fucking moved." Id. at 861.