Georgia court revives tenants' claims after mistaken 2022 apartment raid and detention

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 propertyThe 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.