official immunity Archives - Parks Chesin & Walbert
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Supreme Court Finds Officer Entitled To Official Immunity For Off-Duty Dog Bite

The Georgia Supreme Court continued its recent trend of decisions detailing the scope of official immunity. In Eshleman v. Key, No. S14G1173, 2015 WL 3936075 (Ga. June 29, 2015), the Court determined that official immunity applies even where a statute and/or ordinance provides for definite duties, if complying with the law requires “an exercise of personal deliberation and judgment about what is reasonable in the particular circumstances presented” rather than requiring the carrying out of a specified task.

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Court of Appeals Distinguishes Between “Tiers” of Immunity for School Districts

The Court of Appeals recently clarified that a Georgia Statute waiving sovereign immunity for certain local government entities – O.C.G.A. § 33-24-51(b) – creates a two-tiered analysis under which the first tier explicitly excludes School Districts from a waiver, while the second tier waives immunity for School Districts. See Tift Cnty. Sch. Dist. v. Martinez, No. A14A1988, 2015 WL 1260071 (Ga. Ct. App. Mar. 20, 2015).

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