City of Atlanta v. Mitcham, 769 S.E.2d 320 (Ga. 2015). · Go Syfert
City of Atlanta v. Mitcham, 769 S.E.2d 320 (Ga. 2015). Cases Citing This Book View Copy Cite
“the operation of a jail and the care and treatment of individuals in police custody are purely governmental functions related to the governmental duty to ensure public safety and maintain order for the benefit of all citizens”
151 citation events (151 in the last 25 years) across 6 distinct courts.
Strongest positive: City of Albany v. Sheryl Stanford (gactapp, 2018-06-26)
Treatment trajectory · 2015 → 2026 · click a year to view as-of
2015 2020 2026
Top citers, strongest first. 40 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) City of Albany v. Sheryl Stanford (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2018 · quote attribution · 1 verbatim quote · confidence high
the operation of a jail and the care and treatment of individuals in police custody are purely governmental functions related to the governmental duty to ensure public safety and maintain order for the benefit of all citizens
examined Cited as authority (quoted) Atlanta Metro Leasing, Inc v. City of Atlanta (4×) also: Cited as authority (rule)
Ga. Ct. App. · 2020 · quote attribution · 1 verbatim quote · confidence low
municipal corporations are immune from liability for acts taken in performance of a governmental function
examined Cited as authority (rule) CITY OF MILTON v. CHANG (5×) also: Cited "see"
Ga. · 2026 · confidence medium
Into the ministerial-duty category, on the other hand, our courts have placed functions “involving the exercise of some private franchise, or some franchise conferred upon the municipal corporation by law which it may exercise for the private profit or convenience of the corporation or for the convenience of its citizens alone, in which the general public has no interest.” Mitcham, 296 Ga. at 578 (quotation marks omitted).
examined Cited as authority (rule) CITY OF MILTON v. CHANG (5×) also: Cited "see"
Ga. · 2026 · confidence medium
Into the ministerial-duty category, on the other hand, our courts have placed functions “involving the exercise of some private franchise, or some franchise conferred upon the municipal corporation by law which it may exercise for the private profit or convenience of the corporation or for the convenience of its citizens alone, in which the general public has no interest.” Mitcham, 296 Ga. at 578 (quotation marks omitted).
cited Cited as authority (rule) Franklin v. Bryan
S.D. Ga. · 2025 · confidence medium
City of Atlanta v. Mitcham, 769 S.E.2d 320, 322 (Ga. 2015); see also O.C.G.A. § 36-33-1; Ga. Const. art.
discussed Cited as authority (rule) CARLAN v. EVANS
M.D. Ga. · 2025 · confidence medium
“Judges are entitled to absolute judicial immunity from damages for those acts taken while they are acting in their judicial capacity unless they 35 Dixon, 518 F. App’x at 609 . 36 Campbell v. Goode, 304 Ga. App. 47, 50 (2010) (explaining that claim against city police officer in his official capacity was “in reality,” a suit against the city and subject to sovereign immunity); City of Atlanta v. Mitcham, 296 Ga. 576, 583 (2015) (same); Layer v. Barrow County, 297 Ga. 871, 871 (2015) (“[A] suit against a county officer in her official capacity is a suit against the county itself[.]�…
examined Cited as authority (rule) KENDRA RYLES AS ADMINISTRATOR OF THE ESTATE OF TAVARIUS RIDGEWAY v. CITY OF ATLANTA (3×)
Ga. Ct. App. · 2025 · confidence medium
OCGA § 36-33-1 (b); City of Atlanta v. Mitcham, 296 Ga. 576, 578 (1) ( 769 SE2d 320 ) (2015); Chatham Area Transit Auth. v. Brantley, 353 Ga. App. 197 , 199-200 (1) ( 834 SE2d 593 ) (2019). 4 “The determination of whether a function is governmental or ministerial in character for purposes of municipal sovereign immunity focuses broadly on the nature, purpose, and intended beneficiaries of the function performed by the municipal corporation.” Mitcham, 296 Ga. at 581-582 (2).
discussed Cited as authority (rule) PRESTON D. LEWIS v. CITY OF BRUNSWICK
Ga. Ct. App. · 2025 · confidence medium
City of Atlanta v. Mitcham, 296 Ga. 576, 577 (1) ( 769 SE2d 320 ) (2015).3 See also OCGA § 36-33-1. 3 “The General Assembly may waive the immunity of counties, municipalities, and school districts by law.” Ga. Const. of 1983, Art.
cited Cited as authority (rule) City of Roswell v. Clementina Hernandez-Flores
Ga. Ct. App. · 2024 · confidence medium
Article IX, Section II, Paragraph IX [of the Georgia Constitution], unless that immunity is waived by the General Assembly.” City of Atlanta v. Mitcham, 296 Ga. 576, 577 (1) ( 769 SE2d 320 ) (2015).
examined Cited as authority (rule) JOHN CHANG v. CITY OF MILTON (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2024 · confidence medium
(Citation and punctuation omitted.) Mitchum, 296 Ga. at 578 (2); see also Gatto v. City of Statesboro, 312 Ga. 164, 167 (1) ( 860 SE2d 713 ) (2021) (describing governmental and ministerial functions). 7 Herrera, 343 Ga. App. at 428 (1).
cited Cited as authority (rule) Fehrle v. City of Savannah, Chatham County
S.D. Ga. · 2023 · confidence medium
City of Atlanta v. Mitcham, 769 S.E.2d 320, 322 (Ga. 2015).
discussed Cited as authority (rule) Hinton v. Grieco
S.D. Ga. · 2023 · confidence medium
Georgia courts “have had no difficulty concluding that the operation of a jail and the care and treatment of individuals in police custody are purely governmental functions related to the governmental duty to ensure public safety and maintain order for the benefit of all citizens.” City of Atlanta v. Mitcham, 769 S.E.2d 320, 324 (Ga. 2015) (citing Hurley v. City of Atlanta, 67 S.E.2d 571 (Ga. 1951)).
cited Cited as authority (rule) City of Roswell v. Clementina Hernandez-Flores
Ga. Ct. App. · 2022 · confidence medium
Article IX, Section II, Paragraph IX [of the Georgia Constitution], unless that immunity is waived by the General Assembly.” City of Atlanta v. Mitcham, 296 Ga. 576, 577 (1) ( 769 SE2d 320 ) (2015).
cited Cited as authority (rule) LATOYA SUMMEROUR v. CITY OF MONROE
Ga. Ct. App. · 2022 · confidence medium
(Citations omitted.) City of Atlanta v. Mitcham, 296 Ga. 576, 577 (1) ( 769 SE2d 320 ) (2015).
discussed Cited as authority (rule) SAMANTHA SMITH v. CITY OF ROSWELL
Ga. Ct. App. · 2021 · confidence medium
“A motion to dismiss for failure to state a claim should not be granted unless the allegations of the complaint demonstrate to a certainty that the plaintiff would be entitled to no relief under any state of facts which could be proved in support thereof.” City of Atlanta v. Mitcham, 296 Ga. 576, 577 (1) ( 769 SE2d 320 ) (2015).
discussed Cited as authority (rule) City of Alpharetta v. Bill Vlass
Ga. Ct. App. · 2021 · confidence medium
This latter waiver “has been consistently ‘[i]nterpreted to mean that municipal corporations are immune from liability for acts taken in performance of a governmental function but may be liable for negligent 3 performance of their ministerial duties.’ City of Atlanta v. Mitcham, 296 Ga. 576, 577-578 (1) ( 769 SE2d 320 ) (2015).” Gatto v. City of Statesboro, 353 Ga. App. 178 , 181-182 (1) ( 834 SE2d 623 ) (2019).
examined Cited as authority (rule) GATTO v. CITY OF STATESBORO (8×) also: Cited "see", Cited "see, e.g."
Ga. · 2021 · confidence medium
IX (recognizing “the immunity of counties, municipalities, and school districts”); see also OCGA § 36-33-1 (a) (citing this constitutional provision and declaring municipal immunity to be “the public policy of the State of Georgia”); City of Atlanta v. Mitcham, 296 Ga. 576, 577 (1) (769 SE2d 320) (2015) (discussing constitutional basis for municipal immunity). 3 Under 3Our precedent used to hold that municipal immunity was additionally grounded in Article I, Section II, Paragraph IX of our Constitution, which confers sovereign immunity upon “the state and all of its departments and …
discussed Cited as authority (rule) WILLIAMS v. DEKALB COUNTY
Ga. · 2020 · confidence medium
No member shall be liable to answer in any other place for anything spoken in either house or in any committee meeting of either house.”). 22 See City of Atlanta v. Mitcham, 296 Ga. 576, 577 ( 769 SE2d 320 ) (2015) (Legislative immunity for municipal corporations is created by statute, OCGA § 36-33-1.); Village of North Atlanta v. Cook, 219 Ga. 316, 319 (1) ( 133 SE2d 585 ) (1963) (noting, in discussing legislative immunity, that under Georgia law “the courts will not inquire into the motives of a municipal council in the enactment of an ordinance” (citations omitted)); Clein v. City of…
discussed Cited as authority (rule) Michael Gatto, as the Personal Representative of Michael Joseph Gatto v. City of Statesboro (2×)
Ga. Ct. App. · 2019 · confidence medium
For neglect to perform or improper or unskillful performance of their ministerial duties, they shall be liable.” The waiver enunciated in subsection (b) has been consistently “interpreted to mean that municipal corporations are immune from liability for acts taken in performance of a governmental function but may be liable for the negligent performance of their ministerial duties.” (Citations omitted.) City of Atlanta v. Mitcham, 296 Ga. 576, 577-578 (1) (769 SE2d 320) (2015).
discussed Cited as authority (rule) City of Savannah v. Valencia Gray (2×)
Ga. Ct. App. · 2019 · confidence medium
This provision has been consistently interpreted “to mean that municipal corporations are immune from liability for acts taken in performance of a governmental function but may be liable for the negligent performance of their ministerial duties.” (Citations omitted.) City of Atlanta v. Mitcham, 296 Ga. 576, 577-578 (1) (769 SE2d 320) (2015).
discussed Cited as authority (rule) Wyno v. Lowndes County
Ga. · 2019 · confidence medium
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. 8 (Citation and punctuation omitted.) Austin v. Clark, 294 Ga. 773, 774 ( 755 SE2d 796 ) (2014). “[T]he term ‘ministerial act,’ as it applies to the waiver of an individual’s official immunity under [Paragraph IX (d)], is defined by the character of the specific action taken by the government official or employee and the amount of discretion and judgment applied in exe…
discussed Cited as authority (rule) MAYOR AND ALDERMEN OF the CITY OF SAVANNAH v. HERRERA Et Al. (2×)
Ga. Ct. App. · 2017 · confidence medium
For neglect to perform or improper or unskillful performance of their ministerial duties, they shall be liable." Mitcham , 296 Ga. at 577 (1), 769 S.E.2d 320 .
discussed Cited as authority (rule) CITY OF EAST POINT v. YOUNG; And Vice Versa
Ga. Ct. App. · 2017 · confidence medium
Generally, a municipality is immune from liability for its performance of governmental functions, which are defined as “those of a purely public nature, intended for the benefit of the public at large, without pretense of private gain to the municipality.” City of Atlanta v. Mitcham, 296 Ga. 576, 577-578 (1), (2) ( 769 SE2d 320 ) (2015).
examined Cited as authority (rule) Andrew Calloway v. City of Warner Robins (4×) also: Cited "see"
Ga. Ct. App. · 2016 · confidence medium
City of Atlanta v. Mitcham, 296 Ga. 576, 577-578 (1) ( 769 SE2d 320 ) (2015) (citations and punctuation omitted). (a) City of Warner Robins.
discussed Cited as authority (rule) CITY OF HAPEVILLE Et Al. v. GRADY MEMORIAL HOSPITAL CORPORATION
Ga. Ct. App. · 2016 · confidence medium
Corp. (Case No. S14C1764; decided Feb. 16, 2015). 7 296 Ga. 576 ( 769 SE2d 320 ) (2015). 8 See City of Atlanta v. Mitcham, 325 Ga. App. 481 ( 751 SE2d 598 ) (2013) (physical precedent only), rev’d by Mitcham, 296 Ga. at 576 . 9 See Mitcham, 296 Ga. at 579-582 (2).
cited Cited as authority (rule) Atlanta Development Authority v. Clark Atlanta University, Inc.
Ga. · 2016 · confidence medium
City of Atlanta v. Mitcham, 296 Ga. 576, 577 (1) ( 769 SE2d 320 ) (2015).
examined Cited as authority (rule) City of Greensboro v. Tony Rowland (3×) also: Cited "see"
Ga. Ct. App. · 2015 · confidence medium
The sovereign immunity of the state and its departments and agencies can only be waived by an Act of the General Assembly which specifically provides that sovereign immunity is thereby waived and the extent of such waiver. 4 Because we find that sovereign immunity does not apply, it is unnecessary for us to undertake an analysis of whether sovereign immunity has been waived under OCGA § 36-33-1, which “has for more than a century been interpreted to mean that municipal corporations are immune from liability for acts taken in performance of a governmental function but may be liable for the n…
discussed Cited as authority (rule) Purvis v. City of Atlanta
N.D. Ga. · 2015 · confidence medium
“Under Georgia law, municipal corporations are protected by sovereign immunity pursuant not to Article I of the Constitution [which protects counties like Fulton] but rather Article IX, Section II, Paragraph IX, unless that immunity is waived by the General Assembly.” City of Atlanta v. Mitcham, 296 Ga. 576 , 769 S.E.2d 320, 322 (2015).
examined Cited as authority (rule) GRAVITT Et Al. v. OLENS (4×)
Ga. Ct. App. · 2015 · confidence medium
Agency, 290 Ga. 211, 214 ( 719 SE2d 412 ) (2011); City of Atlanta v. Mitcham, 296 Ga. 576, 577 ( 769 SE2d 320 ) (2015); CSX Transp., Inc. v. City of Garden City, 277 Ga. 248, 249 ( 588 SE2d 688 ) (2003) (“[T]he legislature has the authority to enact a law that specifically waives a municipality’s sovereign immunity.”).
examined Cited as authority (rule) City of Fitzgerald v. Caruthers (4×)
Ga. Ct. App. · 2015 · confidence medium
For neglect to perform or improper or unskillful performance of their ministerial duties, they shall be liable.” “This provision has for more than a century been interpreted to mean that municipal corporations are immune from liability for acts taken in performance of a governmental function but may be liable for the negligent performance of their ministerial duties.” City of Atlanta v. Mitcham, 296 Ga. 576, 577-578 ( 769 SE2d 320 ) (2015).
examined Cited "see" Guy v. Housing Authority of the City of Augusta (3×)
Ga. · 2025 · signal: see · confidence high
See City of Atlanta v. Mitcham, 296 Ga. 576, 577 (1) ( 769 SE2d 320 ) (2015); see also Atlantic Specialty Ins.
cited Cited "see" TALLEY v. CITY OF LAGRANGE GEORGIA
M.D. Ga. · 2023 · signal: accord · confidence high
IX, § 2, ¶ IX; accord City of Atlanta v. Mitcham, 769 S.E.2d 320 , 322–23 (Ga. 2015).
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 City of Atlanta v. Mitcham, 296 Ga. 576, 583 (3) ( 769 SE2d 320 ) (2015).
discussed Cited "see" DAVID PARR v. COOK COUNTY SCHOOL DISTRICT (2×)
Ga. Ct. App. · 2021 · signal: see · confidence high
See City of Atlanta v. Mitcham, 296 Ga. 576, 582 (2) ( 769 SE2d 320 ) (2015) (reiterating that whether an act performed by a governmental employee is ministerial or discretionary is not a consideration in the analysis of whether the governmental entity’s sovereign immunity has been waived, because “sovereign immunity applies equally to, i.e., bars claims arising from, both ministerial and discretionary acts”); Seay v. Cleveland, 270 Ga. 64, 65 (1) ( 508 SE2d 159 ) (1998) (espousing that the county’s sovereign immunity applied equally to ministerial and discretionary acts). 2.
examined Cited "see" Michael Leslie Lake v. Michael Skelton (5×) also: Cited "see, e.g."
11th Cir. · 2016 · signal: see · confidence high
See Mitcham, 769 S.E.2d at 325 & n.5 (explaining that municipalities are responsible under section 42-5-2 for the failure of municipal police to provide “needed medical and hospital attention” to inmates in pretrial detention (quoting Ga. Code Ann. § 42-5 - 2(a))).
discussed Cited "see" Williams ex rel. Williams v. Fulton County School District (2×)
N.D. Ga. · 2016 · signal: see · confidence high
See City of Atlanta v. Mitcham, 296 Ga. 576 , 769 S.E.2d 320, 326-27 (2015).
examined Cited "see" TATTNALL COUNTY Et Al. v. ARMSTRONG (4×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See City of Atlanta v. Mitcham, 296 Ga. 576, 581, n. 4 ( 769 SE2d 320 ) (2015); City of Hapeville, 328 Ga. App. at 335, n. 12 .
discussed Cited "see" Primas v. City of Milledgeville (2×)
Ga. · 2015 · signal: see · confidence high
See City of Atlanta v. Mitcham, 296 Ga. 576 (___ SE2d ___) (2015); Koehler v. Massell, 229 Ga. 359, 361-362 (3) 2 ( 191 SE2d 830 ) (1972).
examined Cited "see" Primas v. City of Milledgeville (3×)
Ga. · 2015 · signal: see · confidence high
See City of Atlanta v. Mitcham, 296 Ga. 576 ( 769 SE2d 320 ) (2015); Koehler v. Massell, 229 Ga. 359, 361-362 (3) ( 191 SE2d 830 ) (1972).
discussed Cited "see, e.g." City of Albany v. Stanford (2×)
Ga. Ct. App. · 2018 · signal: see, e.g. · confidence low
See, e.g. , Mitcham , 296 Ga. at 580 , 769 S.E.2d 320 ("the operation of a jail and the care and treatment of individuals in police custody are purely governmental functions related to the governmental duty to ensure public safety and maintain order for the benefit of all citizens"); Town of Fort Oglethorpe v. Phillips , 224 Ga. 834 , 835-836, 165 S.E.2d 141 (1968) (maintenance and operation of traffic light is a governmental function); Gooden v. City of Atlanta , 242 Ga. App. 786 , 788, 531 S.E.2d 364 (2000) (operation of public recreational swimming facilities, primarily for public benefit r…
Retrieving the full opinion text from the archive…
CITY OF ATLANTA Et Al.
v.
MITCHAM
S14G0619.
Supreme Court of Georgia.
Feb 16, 2015.
769 S.E.2d 320
Cathy Hampton, Laura S. Burton, for appellants., Charles H. McAleer, for appellee., Dubberly & McGovern, Joseph D. McGovern, Brown, Readdick, Bumgartner, Carter, Strickland & Watkins, Richard K. Strickland, Paul M. Scott, amici curiae.
Thompson.
Cited by 46 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 62%
Citer courts: Court of Appeals of Georgia (1)
Thompson, Chief Justice.

We granted a petition for writ of certiorari in this case to determine whether the Court of Appeals used the proper analysis when it determined that the provision of medical care by the City of Atlanta to inmates in its custody was a ministerial function for which the City of Atlanta’s sovereign immunity had been waived. See City of Atlanta v. Mitcham, 325 Ga. App. 481 (751 SE2d 598) (2013). Because we find that the care of inmates in the custody of a municipal corporation is a governmental function for which sovereign immunity has not been waived, we reverse.

Appellee Barto Mitcham filed a negligence action against appellants, the City of Atlanta (the “City”) and George Turner, in his official capacity as the Chief of Police for the City of Atlanta Police Department, alleging that Mitcham was seriously injured as a result of appellants’ failure to provide him necessary medical treatment while in their custody. Mitcham specifically alleged that after he was arrested by the City of Atlanta Police Department, he became ill because of low blood sugar associated with diabetes. He was taken to the hospital, and upon his discharge and release back into the custody of the City, Atlanta Police Department officers were informed of his diabetic condition and the need to monitor and regulate his insulin levels. He alleged they failed to do so, causing him further illness and serious and permanent injuries.

Appellants answered the complaint and filed a joint motion to dismiss on sovereign immunity grounds. See OCGA § 9-11-12 (b) (6). The trial court denied the motion, finding that Mitcham’s claims were not barred by sovereign immunity because the provision of “medical attention and/or care for an inmate is a ministerial act which does not involve the exercise of discretion.” Relying primarily on its opinion in Cantrell v. Thurman, 231 Ga. App. 510 (499 SE2d 416) (1998), a case involving claims against a county sheriff and the constitutional waiver of the sovereign immunity of the state and its departments and agencies under Article I, Section II, Paragraph IX (d) of the Georgia Constitution, the Court of Appeals affirmed, holding that “the provision of medical care to inmates in the City’s and Turner’s[*577] custody was a ministerial act and, because it was a ministerial act, sovereign immunity was waived pursuant to OCGA § 36-33-1 (b).” [1] We granted certiorari.

1. A motion to dismiss for failure to state a claim should not be granted unless the allegations of the complaint demonstrate to a certainty that the plaintiff would be entitled to no relief under any state of facts which could be proved in support thereof. Anderson v. Flake, 267 Ga. 498, 501 (2) (480 SE2d 10) (1997). Appellants moved to dismiss Mitcham’s claims on the ground of sovereign immunity. Under Georgia law, municipal corporations are protected by sovereign immunity pursuant not to Article I of the Constitution but rather Article IX, Section II, Paragraph IX, unless that immunity is waived by the General Assembly. See Godfrey v. Ga. Interlocal Risk Mgmt. Agency, 290 Ga. 211, 214 (719 SE2d 412) (2011) (absent legislative scheme providing for specific waiver, there is no waiver of municipal sovereign immunity). See also City of Thomaston v. Bridges, 264 Ga. 4 (439 SE2d 906) (1994). With particular regard to municipal corporations, our General Assembly has enacted OCGA § 36-33-1 which reiterates that “it is the public policy of the State-of Georgia that there is no waiver of the sovereign immunity of municipal corporations of the state and such municipal corporations shall be immune from liability from damages.” OCGA § 36-33-1 (a). The same statute, however, also provides for a narrow waiver of a municipal corporation’s sovereign immunity, expressly providing in subsection (b) that “[m]unicipal corporations shall not be liable for failure to perform or for errors in performing their legislative or judicial powers. For neglect to perform or for improper or unskillful performance of their ministerial duties, they shall be liable.” [2] OCGA § 36-33-1 (b). This provision has for more than a century been interpreted to mean that[*578] municipal corporations are immune from liability for acts taken in performance of a governmental function but may be liable for the negligent performance of their ministerial duties. See Koehler v. Massell, 229 Ga. 359, 361-362 (3) (191 SE2d 830) (1972); Mayor and Aldermen of Savannah v. Jones, 149 Ga. 139, 141-142 (99 SE 294) (1919); Wright v. City Council of Augusta, 78 Ga. 241, 243-244 (1886). The propriety of the trial court’s ruling on appellants’ motion to dismiss thus turns on whether appellants’ failure to provide medical treatment to an inmate in the City’s custody involved a governmental function.

2. Governmental functions traditionally have been defined as those of a purely public nature, intended for the benefit of the public at large, without pretense of private gain to the municipality. See Cornelisen v. City of Atlanta, 146 Ga. 416, 419 (91 SE 415) (1917). The exemption from liability for governmental functions “is placed upon the ground that the service is performed by the corporation in obedience to an act of the legislature, is one in which the corporation has no particular interest and from which it derives no special benefit in its corporate capacity.” Wright, supra, 78 Ga. at 243, quoting Dillon (2 Municipal Corp. § 976, 3rd ed.). Ministerial functions, in comparison, are recognized as those involving the “exercise of some private franchise, or some franchise conferred upon [the municipal corporation] by law which it may exercise for the private profit or convenience of the corporation or for the convenience of its citizens alone, in which the general public has no interest.”* * [3] Love v. City of Atlanta, 95 Ga. 129, 131 (22 SE 29) (1894).

[*579] The exemption from liability for governmental functions set out in OCGA § 36-33-1 (b) thus left in place “the common-law doctrine, frequently applied in this State before and since the adoption of the code, of non-liability for conduct of officers, agents and servants of municipal corporations in respect to duties devolving upon them in virtue of the sovereign or governmental functions of the municipality.” Brannan v. City of Brunswick, 49 Ga. App. 62 (147 SE 186) (1934). It reflects a municipal corporation’s dual functions, performing in the exercise of its corporate functions two classes of service, governmental duties and private corporate, or ministerial, duties. Jones, supra, 149 Ga. at 141. See Purser v. Dodge County, 188 Ga. 250, 251 (3 SE2d 574) (1939) (recognizing that municipal corporations act in dual capacities, “exercising powers pertaining not only to their delegated sovereignty, but powers of ministerial or proprietary in character.”). As this Court has recognized with approval:

A municipal corporation has a dual character, the one public and the other private, and exercises correspondingly two-fold functions, the one governmental and legislative, and the other private and ministerial. In its public character, it acts as an agency of the State to enable it the better to govern that portion of its people residing within the municipality, and to this end there is granted to or imposed upon it, by the charter of its creation, powers and duties to be exercised and performed exclusively for public governmental purposes. These powers are legislative and discretionary, and the municipality is exempt from liability for an injury resulting from the failure to exercise them or from their improper or negligent exercise. In its corporate and private character there are granted unto it privileges and powers to be exercised for its own private advantage, which are for public purposes in no other sense than that the public derives a common benefit from the proper discharge of the duties imposed or assumed in consideration of the privileges and powers conferred. This latter class of powers and duties are not discretionary, but ministerial and absolute; and, for an injury resulting from[*580] negligence in their exercise or performance, the municipality is liable in a civil action for damages, in the same manner as an individual or private corporation.

Mayor and Council of Dalton v. Wilson, 118 Ga. 100, 102 (44 SE 830) (1903), quoting Jones v. Williamsburg, 97 Va. 722, 723-724 (34 SE 883) (Va. 1900).

This Court on occasion has acknowledged the difficulty in determining to which of the two classes a function belongs, the proper classification depending in each case on an interpretation of the powers and duties delegated to the corporation and the character of the function being performed. See Mayor and Council of Dalton, supra, 118 Ga. at 102-103; Love, supra, 95 Ga. at 131. Our courts, however, have had no difficulty concluding that the operation of a jail and the care and treatment of individuals in police custody are purely governmental functions related to the governmental duty to ensure public safety and maintain order for the benefit of all citizens. See Hurley v. City of Atlanta, 208 Ga. 457, 457-459 (67 SE2d 571) (1951) (dismissing writ of certiorari as improvidently granted while approving Court of Appeals’ ruling that “keep and maintenance of the convict . . . was a governmental function, for the negligent performance of which the city was not liable to him in damages”); Gray v. Mayor and City of Griffin, 111 Ga. 361, 363 (36 SE 792) (1900) (when city “maintains a prison wherein to confine offenders . . . for safekeeping until they can be tried, it is exercising” a governmental power); Nisbet v. City of Atlanta, 97 Ga. 650 (25 SE 173) (1895) (municipality not liable for death of convict while doing work in police custody and caused by city foreman’s failure to provide medical treatment because at the time the municipal corporation was “exercising governmental powers and discharging governmental duties”); Thomas v. Williams, 105 Ga. App. 321, 325 (2), (3) (124 SE2d 409) (1962) (municipality not liable for negligent acts of city officer in care of prisoner in city custody). See also OCGA § 36-33-3 (“A municipal corporation shall not be liable for torts of policemen or other officers engaged in the discharge of the duties imposed on them by law.”). It has been uniformly held, therefore, that there can be no action for damages against a municipal corporation for its failure to provide medical care to an inmate regardless of the presence of negligence. [4][*581] We find this precedent binding and reaffirm that when a municipal corporation, through the exercise of its governmental power, provides or fails to provide medical treatment to an inmate in its custody it is performing a governmental function for which its sovereign immunity has not been waived by the enactment of OCGA § 36-33-1 (b). That a municipal corporation performs this function under the mandate of OCGA § 42-5-2 (a), [5] a statute requiring municipal corporations and other governmental entities to provide medical treatment to inmates in their custody, is further evidence that it is a function governmental in nature; that is, one performed in obedience to an act of the legislature, for the benefit of the general public, and for which the municipal corporation derives no special benefit. [6]

The Court of Appeals acknowledged the constitutional and statutory duty of state and local governments to provide medical treatment to inmates in their custody but found the mandatory nature of this duty, i.e., the absence of any discretion in whether the duty should be performed, supported its conclusion that the provision of medical treatment to inmates by a municipal corporation is a “ministerial act.” [7] See City of Atlanta v. Mitcham, supra, 325 Ga. App. at 484. This analysis and its reference to a municipal corporation’s “ministerial acts” rather than its “ministerial functions” reflects a confusion regarding the separate doctrines of sovereign and official immunity and the substantive differences between the ministerial functions performed by a government body and the ministerial acts of an individual.

As stated, a municipal corporation is immune from liability for acts taken in the performance of its governmental functions but it may be held liable for the negligent performance of its ministerial functions. The determination of whether a function is governmental[*582] or ministerial in character for purposes of municipal sovereign immunity focuses broadly on the nature, purpose, and intended beneficiaries of the function performed by the municipal corporation. See Jones, supra, 149 Ga. at 141-142; Love, supra, 95 Ga. at 131. In comparison, the term “ministerial act,” as it applies to the waiver of an individual’s official immunity under Article I, Section II, Paragraph IX (d) of the Georgia Constitution, is defined by the character of the specific action taken by the government official or employee and the amount of discretion and judgment applied in executing a specific duty. See McDowell v. Smith, 285 Ga. 592, 593 (678 SE2d 922) (2009); Heller v. City of Atlanta, 290 Ga. App. 345, 347-348 (659 SE2d 617) (2008). See also Murphy v. Bajjani, 282 Ga. 197, 199 (647 SE2d 54) (2007). While both terms share the ministerial modifier, whether an act performed by a municipal employee is ministerial or discretionary is not a consideration in the analysis of whether a municipality’s sovereign immunity has been waived. This is because municipal sovereign immunity applies equally to, i.e., bars claims arising from, both ministerial and discretionary acts. See Sinkfield v. Pike, 201 Ga. App. 652, 653 (3) (411 SE2d 889) (1991) (“[cjity is immune from any liability for [the employee’s] actions regardless of whether his actions were discretionary or ministerial and even if he [is] negligent”); Christensen v. Floyd County, 158 Ga. App. 274 (279 SE2d 723) (1981) (decision whether to erect or maintain traffic control sign is exercise of a governmental function by a municipality, and municipality not liable for even negligent performance of this function). See also Seay v. Cleveland, 270 Ga. 64, 65 (508 SE2d 159) (1998) (county’s sovereign immunity applies equally to ministerial and discretionary acts). Accordingly, the definition and evaluation of an act performed by an individual for purposes of official immunity is not interchangeable with and should not be substituted for the definition used to identify the nature of the functions of a municipal government for purposes of sovereign immunity. As noted by Judge Branch in her special concurrence in this case, it is important for both courts and litigants not to confuse the term “ministerial duties” as it pertains to the question of official immunity with the term “ministerial functions” as it is used in determiningthewaiverofsovereignimmunityunderOCGA § 36-33-1 (b). In doing so, the Court of Appeals erred.

The analysis of the Court of Appeals is further flawed in its application of Cantrell v. Thurman, supra, to this case. Cantrell involved the constitutional waiver of a county’s sovereign immunity under Article I, Section II, Paragraph IX (d) of the Georgia Constitution, a waiver not applicable to municipal corporations and one for which it is wholly irrelevant whether the action was taken in the[*583] performance of a governmental function. [8] In relying so heavily upon the holding of Cantrell, a holding this Court has never endorsed, the Court of Appeals ignored the plain language of OCGA § 36-33-1 (b) and the clear distinction between the constitutional waiver of an official’s immunity under Article I, Section II, Paragraph IX (d) and the waiver of municipal sovereign immunity found in OCGA § 36-33-1 (b). [9]

Decided February 16, 2015. Cathy Hampton, Laura S. Burton, for appellants. Charles H. McAleer, for appellee. Dubberly & McGovern, Joseph D. McGovern, Brown, Readdick, Bumgartner, Carter, Strickland & Watkins, Richard K. Strickland, Paul M. Scott, amici curiae.

3. Because there has been no waiver of the City’s sovereign immunity in this case, Mitcham is precluded from pursuing his negligence claims against both the City and Turner in his official capacity. See Cameron v. Lang, 274 Ga. 122, 126-127 (3) (549 SE2d 341) (2001); Campbell v. Goode, 304 Ga. App. 47, 50 (695 SE2d 44) (2010) (claim against city police officer in his official capacity is, in reality, a suit against the city and subject to a claim of sovereign immunity). Accordingly, the decision of the Court of Appeals affirming the trial court’s denial of appellants’ motion to dismiss is reversed.

Judgment reversed.

All the Justices concur.
1

Article I, Section II, Paragraph IX (d) provides:

Except as specifically provided by the General Assembly in a State Tort Claims Act, all officers and employees of the state or its departments and agencies may be subject to suit and 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. Except as provided in this subparagraph, officers and employees of the state or its departments and agencies shall not be subject to suit or liability, and no judgment shall be entered against them, for the performance or nonperformance of their official functions. . . .
2

A further waiver of a municipal corporation’s sovereign immunity is found in subsection (a) which provides that a “municipal corporation shall not waive its immunity by the purchase of liability insurance, except as provided in Code Section 33-24-51 or 36-92-2, or unless the policy of insurance issued covers an occurrence for which the defense of sovereign immunity is available, and then only to the extent of the limits of such insurance policy.” See also Ga. Dept. of Natural Resources v. Center for a Sustainable Coast, 294 Ga. 593, 600 (755 SE2d 184) (2014)[*578] (municipality may be liable for creating or maintaining a nuisance which constitutes either a danger to life and health or ataking of property); OCGA § 32-4-93 (liability of municipalities for defects in public roads).

3

Appellants argue that the term “ministerial” means proprietary, and therefore, only those functions performed by a municipal government which generate profit for the corporation can be classified as ministerial. This narrow interpretation may originate from an improper truncation of the above quoted language so as to limit ministerial functions to those functions “exercise [d] for the private profit” and from the emphasis placed upon the proprietary nature of a function in some cases. See, e.g., City of Atlanta v. Chambers, 205 Ga. App. 834, 835-836 (424 SE2d 19) (1992) (focusing on whether character of municipal function is primarily a source of revenue or is being used primarily for the benefit of the public regardless of incidental generation of revenues); City of Gainesville v. Pritchett, 129 Ga. App. 475, 476 (199 SE2d 889) (1973) (equating ministerial with proprietary). While we acknowledge that our courts on occasion have considered the fact that a function generates revenue for the municipal corporation important in determining whether it constitutes a governmental or ministerial function, the definitions attributed to these terms by this Court make clear that although profit or revenue generation may, in certain circumstances, be evidence of the private nature of a function, it is by no means the only factor to be considered. See Cornelisen, supra, 146 Ga. at 419 (public character of duties not affected by purely incidental profit from city’s operation of park); Gooden v. City of Atlanta, 242 Ga. App. 786, 788 (531 SE2d 364) (2000) (finding operation of public swimming pool primarily for public benefit and not for revenue production was a[*579] governmental function); Koehler v. City of Atlanta, 221 Ga. App. 534, 535 (472 SE2d 91) (1996) (operation of museum, Cyclorama, for public benefit is a governmental function); Banks v. City of Albany, 83 Ga. App. 640, 643-644 (64 SE2d 93) (1951) (operation of fire department a governmental function even where fire protection extended to property beyond corporate limits only upon payment of fee); Mayor and Aldermen of Savannah v. Lyons, 54 Ga.App. 661, 665 (189 SE 63)(1936) (operation and maintenance of airport was a government function notwithstanding fees and revenue received from lessees).

4

That is not to say that all such plaintiffs are without recourse. Allegations that a government denied or provided inadequate medical treatment to one whom it is punishing by incarceration in some circumstances have been held to state a cause of action under 42 USCA § 1983. See Estelle v. Gamble, 429 U. S. 97, 103-104 (97 SCt 285, 50 LE2d 251) (1976); Hughes v. Noble, 295 F2d 495 (5th Cir. 1961); Davis v. City of Roswell, 250 Ga. 8 (295 SE2d 317) (1982).

5

OCGA § 42-5-2 (a) states that “it shall he the responsibility of the governmental unit, subdivision, or agency having the physical custody of an inmate to maintain the inmate, furnishing him .. . any needed medical and hospital attention ...”

6

Although Mitcham argues that the allegations in his complaint deal only with the actual decision not to provide him with medical care and our focus in determining the nature of the function, and thus the extent of any waiver, should he limited to consideration of that narrowly defined act, the sovereign immunity of a municipal corporation cannot be parsed in this manner. The language of OCGA § 36-33-1 (b) and our cases make clear that in determining whether the sovereign immunity of a municipal corporation has been waived, the relevant inquiry focuses not on the specific act alleged to have caused harm hut on the nature of the function being performed by or on behalf of the municipal corporation.

7

Although not necessary for resolution of this appeal, we note our rejection in Murphy, supra, 282 Ga. at 199-200, of the notion that for purposes of official immunity “a statutorily-mandated action is the equivalent of a ministerial act that deprives the actor of official immunity if done negligently” and our discussion of the differences between the statutorily-mandated action in that case and a “ministerial act.”

8

In addressing whether a county sheriff and his deputies were protected by sovereign immunity from claims alleging a failure to provide medical attention to an inmate, the Cantrell court held that

[providing adequate medical attention for inmates under [the county defendants’] custody and control is a ministerial act . . . and does not involve the exercise of discretion to provide medical care, because medical care is a fundamental right and is not discretionary in requiring medical care; thus, such act is not subject to either sovereign immunity or official immunity.

Cantrell, supra, 231 Ga. App. at 514.

9

We express no opinion in this case regarding the application of Article I sovereign or official immunity to the facts of this case or the correctness of the Court of Appeals’ holding in Cantrell.