Carter v. Glenn, 548 S.E.2d 110 (Ga. Ct. App. 2001). · Go Syfert
Carter v. Glenn, 548 S.E.2d 110 (Ga. Ct. App. 2001). Cases Citing This Book View Copy Cite
“the operation of a police department, including the degree of training and supervision to be provided its officers, is a discretionary governmental function of the municipality as opposed to a ministerial, proprietary, or administratively routine function.”
62 citation events (62 in the last 25 years) across 5 distinct courts.
Strongest positive: Hudson v. Preston Morris (gasd, 2021-05-28)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Hudson v. Preston Morris
S.D. Ga. · 2021 · quote attribution · 1 verbatim quote · confidence high
the act of establishing a policy in the first place is discretionary . . . .
examined Cited as authority (quoted) Linda Michelle Ware v. Theodore Jackson (3×) also: Cited as authority (rule), Cited "see, e.g."
Ga. Ct. App. · 2020 · quote attribution · 1 verbatim quote · confidence low
the operation of a police department, including the degree of training and supervision to be provided its officers, is a discretionary governmental function of the municipality as opposed to a ministerial, proprietary, or administratively routine function.
cited Cited as authority (rule) Terry Cantrell v. Trevor McClure
11th Cir. · 2020 · confidence medium
Carter v. Glenn, 548 S.E.2d 110, 112 (Ga. Ct. App. 2001).
discussed Cited as authority (rule) Williams ex rel. Williams v. Fulton County School District
N.D. Ga. · 2016 · confidence medium
Carter v. Butts County, Ga., 110 F.Supp.3d 1325, 1354 (M.D.Ga.2015) (“negligent hiring and retention claims are barred by sovereign and official immunity” in Georgia); Carter v. Glenn, 249 Ga.App. 414 , 548 S.E.2d 110, 113 (2001) (affirming grant of summary judgment to city employees on basis of official immunity and dismissing negligent hiring claims).
discussed Cited as authority (rule) Carter v. Butts County
M.D. Ga. · 2015 · confidence medium
As Sheriff Pope’s alleged misconduct is discretionary and as “public officials ai’e immune from damages that result from their performance of discretionary functions, unless those functions were undertaken with malice or intent to cause injury,” Carter v. Glenn, 249 Ga.App. 414 , 548 S.E.2d 110, 112 (2001), Sheriff Pope is entitled to official immunity unless Plaintiffs demonstrate malice or intent to cause injury.
cited Cited as authority (rule) Tisdale v. Gravitt
N.D. Ga. · 2014 · confidence medium
Carter v. Glenn, 249 Ga.App. 414 , 548 S.E.2d 110, 112-13 (2001).
discussed Cited as authority (rule) Richardson v. Quitman County
M.D. Ga. · 2012 · confidence medium
See,, e.g., Russell v. Barrett, 296 Ga.App. 114, 120 , 673 S.E.2d 623, 629 (2009) (“[T]his Court has consistently, held that the operation of a police department, including the degree of training and supers vision to be provided its officers, is a discretionary governmental function ....”) (alteration in original); Carter v. Glenn, 249 Ga.App. 414, 416 , 548 S.E.2d 110, 113 (2001) (finding police chief entitled to official immunity against negligent hiring and retention claim because' such decisions were discretionary).
discussed Cited as authority (rule) Polk County v. Ellington
Ga. Ct. App. · 2010 · confidence medium
A copy of the report was then given to the hospital emergency room, at the time the patient was delivered. 7 Lincoln County v. Edmond, 231 Ga. App. 871, 872 (1) ( 501 SE2d 38 ) (1998). 8 Woodard v. Laurens County, 265 Ga. 404, 405 (1) ( 456 SE2d 581 ) (1995). 9 Harry v. Glynn County, 269 Ga. 503 ( 501 SE2d 196 ) (1998). 10 Robinson v. DeKalb County, 261 Ga. App. 163, 165 (2) ( 582 SE2d 156 ) (2003). 11 Saylor v. Troup County, 225 Ga. App. 489, 489 ( 484 SE2d 298 ) (1997). 12 Clive v. Gregory, 280 Ga. App. 836, 841 (2) ( 635 SE2d 188 ) (2006). 13 McDowell v. Smith, 285 Ga. 592, 593 ( 678 SE2d 9…
discussed Cited as authority (rule) Lavassani v. City of Canton, Ga.
N.D. Ga. · 2010 · confidence medium
See O.C.G.A. § 36-33-3 ("municipal corporation shall not be liable for the torts of policemen or other officers engaged in the discharge of the duties imposed on them by law”); Carter v. Glenn, 249 Ga.App. 414 , 548 S.E.2d 110, 113 (2001) ("[t]he operation of a police department ... is a discretionary governmental function of the municipality as opposed to a ministerial, proprietary, or administratively routine function”). 38 .
discussed Cited as authority (rule) Weaver v. City of Statesboro
Ga. Ct. App. · 2007 · confidence medium
The collision here occurred on September 29, 2003. 5 Rutherford v. DeKalb County, 287 Ga. App. 366, 368 (1) (a) ( 651 SE2d 771 ) (2007). 6 City of Atlanta v. Fry, 148 Ga. App. 269 ( 251 SE2d 90 ) (1978), aff'd, Fry v. City of Atlanta, 243 Ga. 517 ( 255 SE2d 48 ) (1979). 7 Supra. 8 Carter v. Glenn, 249 Ga. App. 414, 417 (2) ( 548 SE2d 110 ) (2001). 9 Williams v. Solomon, 242 Ga. App. 807, 810 (3) ( 531 SE2d 734 ) (2000), aff'd, Cameron, supra, 274 Ga. 122 . 10 City of Thomaston v. Bridges, 264 Ga. 4, 7, n. 7 ( 439 SE2d 906 ) (1994). 11 McLemore v. City Council of Augusta, 212 Ga. App. 862, 863 …
cited Cited as authority (rule) Middlebrooks v. Bibb County
Ga. Ct. App. · 2003 · confidence medium
(Citation and punctuation omitted.) Carter v. Glenn, 249 Ga. App. 414, 417 (2) ( 548 SE2d 110 ) (2001).
discussed Cited as authority (rule) Harvey v. Nichols
Ga. Ct. App. · 2003 · confidence medium
Corp., 226 Ga. App. 459 (1) ( 486 SE2d 684 ) (1997). 2 Cameron v. Lang, 274 Ga. 122, 123 (1) ( 549 SE2d 341 ) (2001). 3 Schmidt v. Adams, 211 Ga. App. 156 -157 ( 438 SE2d 659 ) (1993). 4 Carter v. Glenn, 249 Ga. App. 414, 417 (2) ( 548 SE2d 110 ) (2001). 5 Bontwell v. Dept. of Corrections, 226 Ga. App. 524, 527-528 (4) ( 486 SE2d 917 ) (1997). 6 McDay v. City of Atlanta, 204 Ga. App. 621 (1) ( 420 SE2d 75 ) (1992). 7 Partain v. Maddox, 131 Ga. App. 778, 783-784 (1) ( 206 SE2d 618 ) (1974). 8 Kidd v. Coates, 271 Ga. 33 ( 518 SE2d 124 ) (1999). 9 Dry Storage Corp. v. Piscopo, 249 Ga. App. 898, 9…
examined Cited as authority (rule) Clark v. Prison Health Services, Inc. (3×) also: Cited "see"
Ga. Ct. App. · 2002 · confidence medium
Our review of the record reveals that some of Mallory’s allegedly negligent actions were governed by clear, definite, and certain procedures or instructions. 2 See Carter v. Glenn, 249 Ga. App. 414, 417 (2) ( 548 SE2d 110 ) (2001).
discussed Cited as authority (rule) Willie Santonio Manders v. Thurman Lee
11th Cir. · 2002 · confidence medium
Georgia law distinguishes between (a) sovereign [governmental] immunity and (b) official [qualified] immunity. "[T]he doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity." Cameron, 274 Ga. at 123 , 549 S.E.2d at 344 ; see Gilbert, 264 Ga. at 750 , 452 S.E.2d at 481 ; Donaldson v. Dept. of Transp., 262 Ga. 49, 54 , 414 S.E.2d 638, 642 (1992); Carter v. Glenn, 249 Ga.App. 414, 416 , 548 S.E.2d 110, 112 (2001); Chamlee v. Henry County Bd. of Educ., 239 Ga.App. 183, 184 , 521 S.E.2d 78, 79-80 …
discussed Cited as authority (rule) Manders v. Lee
11th Cir. · 2002 · confidence medium
Georgia law distinguishes between (a) sovereign [governmental] immunity and (b) official [qualified] immunity. "[T]he doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity.'' Cameron, 274 Ga. at 123 , 549 S.E.2d at 344 ; see Gilbert, 264 Ga. at 750 , 452 S.E.2d at 481 ; Donaldson v. Dept. of Transp., 262 Ga. 49, 54 , 414 S.E.2d 638, 642 (1992); Carter v. Glenn, 249 Ga.App. 414, 416 , 548 S.E.2d 110, 112 (2001); Chamlee v. Henry County Bd. of Educ., 239 Ga.App. 183, 184 , 521 S.E.2d 78, 79-80…
discussed Cited "see" KARISHA UPSHAW v. COLUMBUS CONSOLIDATED GOVERNMENT (2×)
Ga. Ct. App. · 2023 · signal: see · confidence high
See Carter v. Glenn, 249 Ga. App. 414, 416 (2) ( 548 SE2d 110 ) (2001) (holding qualified immunity applied to police chief and mayor sued in their individual capacities for their alleged failure to train and supervise police officer because training and supervising officers are discretionary actions and the plaintiff did not demonstrate malice or intent to cause injury). 3.
discussed Cited "see" KELSIE BRANTLEY, AS ADMINISTRATRIX OF THE ESTATE OF LISA MICHELLE ARIAIL v. CITY OF HIRAM (2×)
Ga. Ct. App. · 2022 · signal: see · confidence high
See Carter v. Glenn, 249 Ga. App. 414, 417 (2) ( 548 SE2d 110 ) (2001).
discussed Cited "see" Theodore \Ted\" Jackson (2×)
unknown court · 2014 · signal: see · confidence high
See Carter v. Glenn, 249 Ga. App. 414, 416 (2) ( 548 SE2d 110 ) (2001); Bontwell v. Dept. of Corrections, 226 Ga. App. 524, 527-528 (4) (a) ( 486 SE2d 917 ) (1997) (physical precedent only); McDay, supra. Thus, Sheriff Jackson may incur liability as a result of the exercise of such a discretionary function only when the acts complained of are done with willfulness, malice, or corruption.
discussed Cited "see" Jackson v. Payne (2×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Carter v. Glenn, 249 Ga. App. 414, 416 (2) ( 548 SE2d 110 ) (2001); Bontwell v. Dept. of Corrections, 226 Ga. App. 524, 527-528 (4) (a) ( 486 SE2d 917 ) (1997) (physical precedent only); McDay, supra. Thus, Sheriff Jackson mayincur liability as a result of the exercise of such a discretionary function only when the acts complained of are done with wilfulness, malice, or corruption.
discussed Cited "see" Davis v. Batchelor (2×)
Ga. Ct. App. · 2009 · signal: see · confidence high
See Carter v. Glenn, 249 Ga. App. 414, 416 ( 548 SE2d 110 ) (2001) (same, municipal defendant).
discussed Cited "see" Russell v. Barrett (2×)
Ga. Ct. App. · 2009 · signal: see · confidence high
See Carter v. Glenn, 249 Ga. App. 414, 417 (2) ( 548 SE2d 110 ) (2001); Bontwell v. Dept. of Corrections, 226 Ga. App. 524, 527-528 (4) (a) ( 486 SE2d 917 ) (1997); McDay v. City of Atlanta, 204 Ga. App. 621 (1) ( 420 SE2d 75 ) (1992). 35 See Merrow, supra at 391 ; Gilbert, supra at 752 (6). 36 State Bd. of Ed. v. Drury, 263 Ga. 429, 433 (2) ( 437 SE2d 290 ) (1993). 37 (Emphasis in original.) Graham v. Connor, 490 U. S. 386, 395 (109 SC 1865, 104 LE2d 443) (1989).
discussed Cited "see, e.g." CIJII LUNDY v. HANCOCK COUNTY (2×)
Ga. Ct. App. · 2023 · signal: see also · confidence medium
See also Carter v. Glenn, 249 Ga. App. 414, 417 (2) ( 548 SE2d 110 ) (2001); Bontwell v. Dept. of Corrections, 226 Ga. App. 524, 527-528 (4) (a) ( 486 SE2d 917 ) (1997).
discussed Cited "see, e.g." Simon v. City of Atlanta (2×)
Ga. Ct. App. · 2007 · signal: see, e.g. · confidence medium
See, e.g., Carter v. Glenn, 249 Ga. App. 414, 415-417 (l)-(3) ( 548 SE2d 110 ) (2001) (affirming grant of summary judgment where city’s purchase of liability insurance did not waive immunity, and where no question of fact remained concerning city officials’ *122 actual malice in hiring and retaining a police officer who raped the plaintiff); compare Murphy v. Bajjani, 282 Ga. 197, 203-204 (4) ( 647 SE2d 54 ) (2007) (allegations of school officials’ actual malice were properly disposed of on a motion to dismiss where alleged facts amounted to only deliberate wrongdoing with reckless disre…
discussed Cited "see, e.g." Hicks v. McGee (2×)
Ga. Ct. App. · 2007 · signal: see, e.g. · confidence medium
See, e.g., Carter v. Glenn, 249 Ga. App. 414, 417 (2) ( 548 SE2d 110 ) (2001) (operation of police department, including degree of supervision over officers, is a discretionary act).
Retrieving the full opinion text from the archive…
CARTER
v.
GLENN Et Al.
A01A0614.
Court of Appeals of Georgia.
Apr 27, 2001.
548 S.E.2d 110
2001 Ga. App. LEXIS 524
James C. West III, for appellant., Hawkins & Parnell, Michael J. Goldman, Michelle D. Coburn, for appellees.
Barnes, Smith, Phipps.
Cited by 28 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 82%
Citer courts: Court of Appeals of Georgia (1)
Barnes, Judge.

Yula Carter appeals the trial court’s grant of summary judgment to Lithonia’s mayor and police chief in this action alleging that a former Lithonia police officer raped her. She contends that the two defendants were not entitled to official immunity. We disagree and affirm.

[*415] Carter sued Paul Wade, alleging that he raped her while he was on duty as a Lithonia police officer. She also sued Lithonia’s mayor, Marcia Woods Glenn, and its police chief, Jerome Woods, both officially and individually, as well as the City of Lithonia itself. We previously affirmed the trial court’s grant of summary judgment to the City, Glenn, and Woods on Carter’s federal civil rights claim under 42 USC § 1983, finding the trial court did not err in concluding that Carter presented no evidence the city had a custom or policy of condoning such actions. Carter v. Glenn, 243 Ga. App. 544 (533 SE2d 109) (2000). We farther affirmed the trial court’s grant of summary judgment to the city on Carter’s state law claims because Carter failed to give the required ante litem notice, but reversed as to Glenn and Woods because the ante litem notice issue applied only to the municipality. Id. at 550-551.

On remand, Glenn and Woods moved for summary judgment on the ground that they were entitled to official immunity, as well as on other grounds. The trial court granted the motion, finding that the

individual acts alleged and supported by the evidence constitute discretionary acts. Therefore, individual liability can attach only if those acts were done with actual malice or actual intent to cause injury. [Cit.] Absent evidence of actual malice, Glenn and Woods are entitled to immunity for the performance of these official discretionary duties. [Cit.] There is no evidence that these acts resulted from actual malice or intent to cause injury. Therefore, the individuals are clothed with official immunity and they can have no personal liability for the acts alleged, even if they occurred.

In reviewing the grant or denial of summary judgment, this court conducts a de novo review of the evidence. Goring v. Martinez, 224 Ga. App. 137, 138 (2) (479 SE2d 432) (1996). As the movants for summary judgment, Glenn and Woods had the burden to show there was no genuine issue of material fact for trial and that the undisputed facts, viewed in the light most favorable to the plaintiffs, warranted judgment as a matter of law. Lau’s Corp. v. Haskins, 261 Ga. 491 (405 SE2d 474) (1991).

1. We first consider Carter’s contention that the city’s purchase of liability insurance waived Glenn’s and Woods’ immunity under OCGA § 33-24-51 (b). That statute provides:

Whenever a municipal corporation, a county, or any other political subdivision of this state shall purchase the insurance authorized by subsection (a) of this Code section to provide liability coverage for the negligence of any duly autho[*416] rized officer, agent, servant, attorney, or employee in the performance of his official duties, its governmental immunity shall be waived to the extent of the amount of insurance so purchased. ...

Carter fails to point out, however, that OCGA § 33-24-51 (a) limits the immunity waiver to insurance covering liability “arising by reason of ownership, maintenance, operation, or use of any motor vehicle by the municipal corporation.” Because Carter’s cause of action does not arise out of the use of a motor vehicle, the city’s purchase of liability insurance did not waive the immunity of its mayor and police chief. Harry v. Glynn County, 269 Ga. 503, 504 (1) (501 SE2d 196) (1998); Lincoln County v. Edmond, 231 Ga. App. 871, 873 (1) (501 SE2d 38) (1998).

2. We next consider whether the trial court correctly held that Glenn and Woods, who were sued individually, are entitled to official immunity from claims brought against them in their personal capacities. The 1991 amendment to the Georgia Constitution provides that such officials “may be liable for injuries and damages caused by the negligent performance of, or negligent failure to perform, their ministerial functions and may be liable for injuries and damages if they act with actual malice or with actual intent to cause injury in the performance of their official functions.” Art. I, Sec. II, Par. IX (d), Ga. Const. (1983). In other words, public officials are immune from damages that result from their performance of discretionary functions, unless those functions were undertaken with malice or intent to cause injury. Schmidt v. Adams, 211 Ga. App. 156 (438 SE2d 659) (1993). Carter does not allege that Glenn or Woods acted with malice or intent to cause injury, so if the damages complained of arise from discretionary actions, the employees have official immunity. If the damages arise from tire performance or nonperformance of ministerial duties, the employees do not have official immunity.

[The decision of whether acts of a public official] are ministerial or discretionary is determined by the facts of the particular case. A ministerial act is commonly one that is simple, absolute, and definite, arising under conditions admitted or proved to exist, and requiring merely the execution of a specific duty. A discretionary act, however, calls for the exercise of personal deliberation and judgment, which in turn entails examining the facts, reaching reasoned conclusions, and acting on them in a way not specifically directed.

(Citations and punctuation omitted.) Stone v. Taylor, 233 Ga. App. 886, 888 (2) (506 SE2d 161) (1998).

[*417] Decided April 27, 2001. James C. West III, for appellant. Hawkins & Parnell, Michael J. Goldman, Michelle D. Coburn, for appellees.

While the act of establishing a policy in the first place is discretionary, the acts of following established policies of inspecting and monitoring are ministerial tasks. Woodard v. Laurens County, 265 Ga. 404, 407 (2) (456 SE2d 581) (1995); Joyce v. Van Arsdale, 196 Ga. App. 95, 96 (395 SE2d 275) (1990). Carter alleges that Glenn and Woods negligently hired and retained Wade. She further argues that Glenn and Woods failed to perform adequate background checks on Wade and that such background checks were ministerial functions.

“The operation of a police department, including the degree of training and supervision to be provided its officers, is a discretionary governmental function of the municipality as opposed to a ministerial, proprietary, or administratively routine function. [Cits.]” McDay v. City of Atlanta, 204 Ga. App. 621 (1) (420 SE2d 75) (1992). Liability may be imposed as a result of the exercise of such a discretionary function only when the acts complained of are done within the scope of the officer’s authority and with wilfulness, malice or corruption. Id. There has been no showing of any conduct by [Mayor Glenn or Police Chief Woods that] would amount to wilfulness, malice or corruption. Both were entitled to official immunity as a matter of law.

(Footnote omitted.) Lowe v. Jones County, 231 Ga. App. 372, 373 (3) (499 SE2d 348) (1998).

3. Finally, Carter argues that the trial court erred in granting summary judgment because it did not construe the evidence in the light most favorable to Carter as the nonmoving party and therefore usurped the jury’s function. But if the relevant facts are not in dispute, whether official immunity is applicable is a question of law. Keenan v. Plouffe, 267 Ga. 791, 793, n. 1 (482 SE2d 253) (1997). Here, the facts relevant to whether immunity is applicable are not in dispute; no factual issue exists regarding whether the acts of the mayor and police chief in hiring and retaining Wade are discretionary or ministerial. The trial court did not err.

Judgment affirmed.

Smith, P. J., and Phipps, J., concur.