In Adams v. Carlisle, 278 Ga. App. 777 (630 SE2d 529) (2006), the plaintiffs were arrested for forgery after a counterfeit detection pen indicated that the $ 20 bills they presented to the defendants were counterfeit.
After police were summoned, one of the plaintiffs explained that the bills were old having belonged to her 86-year-old father-in-law, but they were real currency. Id. at 778-781.
Recorded conversations of the arresting officer's discussions with a store employee prior to the arrest, however, suggested that the employee actively tried to dissuade the officers from accepting the plaintiffs' explanation.
Judge Mikell's opinion in Adams found that this presented a question of fact on a claim of malicious prosecution against the employee and her employer. Id. at 786 (3) (a).