McConnell v. Dep't of Labor, 805 S.E.2d 79 (Ga. 2017). · Go Syfert
McConnell v. Dep't of Labor, 805 S.E.2d 79 (Ga. 2017). Cases Citing This Book View Copy Cite
112 citation events (112 in the last 25 years) across 4 distinct courts.
Strongest positive: MCBRAYER v. SCARBROUGH (ga, 2023-10-11)
Treatment trajectory · 2017 → 2026 · click a year to view as-of
2017 2021 2026
Top citers, strongest first. 35 distinct citers. How cited ↗
examined Cited as authority (quoted) MCBRAYER v. SCARBROUGH (2×) also: Cited "see"
Ga. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
he applicability of sovereign immunity is a threshold determination, and, if it does apply, a court lacks jurisdiction over the case and, concomitantly, lacks authority to decide the merits of a claim that is barred.
examined Cited as authority (quoted) POLO GOLF and COUNTRY HOMEOWNERS ASSOCIATION, INC. v. CUNARD (2×) also: Cited "see"
Ga. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
he applicability of sovereign immunity is a threshold determination, and, if it does apply, a court lacks jurisdiction over the case and, concomitantly, lacks authority to decide the merits of a claim that is barred.
examined Cited as authority (quoted) MCCONNELL Et Al. v. DEPARTMENT OF LABOR. (2×) also: Cited "see"
Ga. Ct. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
the department filed a motion to dismiss mcconnell's claims, which the trial court granted on two bases: (1) mcconnell's claims were barred by sovereign immunity and (2) on the merits, each of mcconnell's contentions failed to state a claim upon which relief could be granted.
discussed Cited as authority (rule) HENRY COUNTY v. GREATER ATLANTA HOME BUILDERS ASSOCIATION, INC.
Ga. Ct. App. · 2026 · confidence medium
Sovereign immunity is a threshold issue “and, if it does apply, a court lacks jurisdiction over the case and, concomitantly, lacks authority to decide the merits of a claim that is barred.” McConnell v. Dep’t of Labor, 302 Ga. 18, 19 ( 805 SE2d 79 ) (2017).
discussed Cited as authority (rule) Warbler Investments, LLC v. City of Social Circle (2×)
Ga. · 2025 · confidence medium
McConnell v. Dep’t of La- bor, 302 Ga. 18, 19 (805 SE2d 79) (2017) (“[T]he applicability of sov- ereign immunity is a threshold determination, and, if it does apply, a court lacks jurisdiction over the case and, concomitantly, lacks au- thority to decide the merits of a claim that is barred.” (footnote omit- ted)).
discussed Cited as authority (rule) Georgia Department of Public Safety v. Justice (2×)
Ga. · 2024 · confidence medium
Defender, 315 Ga. at 343 (3) (f) (citation and punctuation omitted). “[S]overeign immunity . . . like various other rules of jurisdiction and justiciability . . . is concerned with the extent to which a case properly may come before a court at all.” McConnell v. Dept. of Labor, 302 Ga. 18, 18-19 (805 SE2d 79) (2017) (citation and punctuation omitted).
discussed Cited as authority (rule) GEORGIA DIVISON, SONS OF CONFEDERATE VETERANS, INC. v. BRYAN A. DOWNS, IN HIS OFFICAL CAPACITY AS CITY ATTORNEY OF THE CITY OF DECATUR
Ga. Ct. App. · 2024 · confidence medium
See also Ga. Constitution IX § II Para IX; OCGA § 36-33-1. 21 317 Ga. 703 ( 895 SE2d 282 ) (2023). 22 (Citation and punctuation omitted.) Id. at 704, quoting McConnell v. Dept. of Labor, 302 Ga. 18, 18-19 ( 805 SE2d 79 ) (2017). 23 (Citations and punctuation omitted).
discussed Cited as authority (rule) Roberts v. Cuthpert (2×)
Ga. · 2023 · confidence medium
Absent a waiver, a probate judge sued in his official capacity enjoys sovereign immunity because styling a claim against a county officer in his official capacity is 9 Although the probate judge did not appeal the superior court’s ruling on sovereign immunity, we nevertheless address it because “the applicability of sovereign immunity is a threshold determination, and, if it does apply, a court lacks jurisdiction over the case and, concomitantly, lacks authority to decide the merits of a claim that is barred.” McConnell v. Dept. of Labor, 302 Ga. 18, 19 ( 805 SE2d 79 ) (2017). 7 simply a…
discussed Cited as authority (rule) Kuhlman v. State (2×)
Ga. · 2023 · confidence medium
We first address sovereign immunity because its applicability “is a threshold determination, and, if it does apply, a court lacks jurisdiction over the case and, concomitantly, lacks authority to decide the merits of a claim that is barred.” McConnell v. Dept. of Labor, 302 Ga. 18, 19 ( 805 SE2d 79 ) (2017) (footnote omitted).
discussed Cited as authority (rule) LATOYA BRAY v. STORMIE CROCKFORD WATKINS (2×)
Ga. Ct. App. · 2023 · confidence medium
McConnell v. Dept. of Labor, 302 Ga. 18, 18-19 ( 805 SE2d 79 ) (2017).
discussed Cited as authority (rule) Georgia Department of Transportation v. James B. White, Jr.
Ga. Ct. App. · 2023 · confidence medium
Because we conclude the trial court misinterpreted the plain language of OCGA § 50-13-19 (a), we reverse. “[T]he applicability of sovereign immunity is a threshold determination, and, if it does apply, a court lacks jurisdiction over the case and, concomitantly, lacks authority to decide the merits of a claim that is barred.” McConnell v. Dept. of Labor, 302 Ga. 18, 19 ( 805 SE2d 79 ) (2017).
discussed Cited as authority (rule) STATE OF GEORGIA v. FEDERAL DEFENDER PROGRAM, INC. (2×)
Ga. · 2022 · confidence medium
See Polo Golf & Country Club Homeowners Assn., Inc. v. Cunard, 306 Ga. 788, 790 (1) (a) (833 SE2d 505) (2019) (“Sovereign immunity is a threshold determination that must be ruled upon prior to the case moving forward on the more substantive matters.” (emphasis in original)); McConnell v. Dept. of Labor, 302 Ga. 18, 19 (805 SE2d 79) (2017) (“[T]he applicability of sovereign immunity is a threshold determination, and, if it does apply, a court lacks jurisdiction over the case and, concomitantly, lacks authority to decide the merits of a claim that is barred.” (footnote omitted)).
discussed Cited as authority (rule) LOVE v. FULTON COUNTY BOARD OF TAX ASSESSORS (2×)
Ga. · 2021 · confidence medium
(Citation, punctuation and footnote omitted.) McConnell v. Dept. of Labor, 302 Ga. 18, 18-19 ( 805 SE2d 79 ) (2017).
discussed Cited as authority (rule) Atlanta Metro Leasing, Inc v. City of Atlanta
Ga. Ct. App. · 2020 · confidence medium
(Footnote omitted.) McConnell v. Dept. of Labor, 302 Ga. 18, 19 ( 805 SE2d 79 ) (2017).2 2 “For convenience of discussion, we have taken the enumerated errors out of the order in which [the Appellants have] listed them[.]” Foster v. Morrison, 177 Ga. App. 250 (1) ( 339 SE2d 307 ) (1985). 6 1.
cited Cited as authority (rule) Board of Trustees of Georgia Military College v. Rose O'Donnell
Ga. Ct. App. · 2019 · confidence medium
(Citations and punctuation omitted; emphasis supplied.) McConnell v. Dept. of Labor, 302 Ga. 18, 18-19 ( 805 SE2d 79 ) (2017).
cited Cited as authority (rule) CITY OF COLLEGE PARK v. CLAYTON COUNTY
Ga. · 2019 · confidence medium
(Footnotes omitted.) McConnell v. Dept. of Labor, 302 Ga. 18, 18-19 ( 805 SE2d 79 ) (2017).
discussed Cited as authority (rule) Georgia Ports Authority v. Lawyer
Ga. · 2018 · confidence medium
The sovereign immunity reserved under the Georgia Constitution is jurisdictional in nature, see McConnell v. Dept. of Labor, 302 Ga. 18, 18 ( 805 SE2d 79 ) (2017), and as the United States Supreme Court 10 explained in Ex parte New York, 256 U. S. 490 ( 41 SCt 588 , 65 LE 1057) (1921), Workman does not address sovereign immunity of a jurisdictional nature: [Workman] dealt with a question of the substantive law of admiralty, not the power to exercise jurisdiction over the person of [the] defendant; and in the opinion the court was careful to distinguish between the immunity from jurisdiction at…
cited Cited as authority (rule) GEORGIA ASSOCIATION OF PROFESSIONAL SERVERS v. JACKSON, SHERIFF
Ga. · 2017 · confidence medium
(Citation, punctuation and footnote omitted.) McConnell v. Ga. Dept. of Labor, 302 Ga. 18, 18-19 ( 805 SE2d 79 ) (2017).
cited Cited as authority (rule) Georgia Ass'n of Professional Process Servers v. Jackson
Ga. · 2017 · confidence medium
(Citation, punctuation and footnote omitted.) McConnell v. Ga. Dept. of Labor, 302 Ga. 18, 18-19 ( 805 SE2d 79 ) (2017).
examined Cited "see" SATCHER v. COLUMBIA COUNTY (And Vice Versa) (4×)
Ga. · 2024 · signal: see · confidence high
See Gilbert v. Richardson, 264 Ga. 744, 747 (2) (452 SE2d 476) (1994). “[T]he applicability of sovereign immunity is a threshold determination, and, if it does apply, a court lacks jurisdiction over the case, and concomitantly, lacks authority to decide the merits of a claim that is barred.” McConnell v. Dept. of Labor, 302 Ga. 18, 19 (805 SE2d 79) (2017).
examined Cited "see" FIRST CENTER, INC. v. COBB COUNTY (4×)
Ga. · 2024 · signal: see · confidence high
See McConnell v. Dept. of Labor, 302 Ga. 18, 18-19 ( 805 SE2d 79 ) (2017) (holding that “[t]he applicability of sovereign immunity to claims brought against the State is a jurisdictional issue” and “[t]herefore, the applicability of sovereign immunity is a threshold determination, and, if it does apply, a court lacks jurisdiction over the case and, concomitantly, lacks authority to decide the merits of a claim that is barred”).
examined Cited "see" BRAY v. WATKINS (4×)
Ga. · 2023 · signal: see · confidence high
See McConnell v. Dept. of Labor, 302 Ga. 18, 18-19 (805 SE2d 79) (2017) (holding that “[t]he applicability of sovereign immunity to claims brought against the State is a jurisdictional issue” and “[t]herefore, the applicability of sovereign immunity is a threshold determination, and, if it does apply, a court lacks jurisdiction over the case and, concomitantly, lacks authority to decide the merits of a claim that is barred”).
discussed Cited "see" MCBRAYER v. SCARBROUGH (2×)
Ga. · 2023 · signal: see · confidence high
See McConnell v. Dept. of Labor, 302 Ga. 18, 19 ( 805 SE2d 79 ) (2017) (“[T]he applicability of sovereign immunity is a threshold determination, and, if it does apply, a court lacks jurisdiction over the case and, concomitantly, lacks authority to decide the merits of a claim that is barred.” (footnote omitted)). (b) Waiver of Sovereign Immunity Code Sections 33-24-51 and 36-92-2 both expressly provide for a waiver of a local government entity’s sovereign immunity and the extent of such a waiver.
discussed Cited "see" Duke v. State (2×)
Ga. · 2019 · signal: see · confidence high
See McConnell v. Dept. of Labor , 302 Ga. 18 , 18-19, 805 S.E.2d 79 (2017) (holding that applicability of sovereign immunity to claims brought against the State is a threshold jurisdictional issue that must be resolved before reaching the merits).
discussed Cited "see" Duke v. State (2×)
Ga. · 2019 · signal: see · confidence high
See McConnell v. Dept. of Labor, 302 Ga. 18, 18-19 ( 805 SE2d 79 ) (2017) (holding that applicability of sovereign immunity to claims brought against the State is a threshold jurisdictional issue that must be resolved before reaching the merits).
discussed Cited "see" Dep't of Labor v. Mcconnell (2×)
Ga. · 2019 · signal: see · confidence high
See McConnell v. Dept. of Labor , 302 Ga. 18 , 19, 805 S.E.2d 79 (2017).
discussed Cited "see" GEORGIA DEPARTMENT OF LABOR v. MCCONNELL (And Vice Versa) (2×)
Ga. · 2019 · signal: see · confidence high
See McConnell v. Dept. of Labor, 302 Ga. 18, 19 ( 805 SE2d 79 ) (2017). 2 OCGA § 50-21-22 (3) defines “loss” as: “personal injury; disease; death; damage to tangible property, including lost wages and economic loss to the person who suffered the injury, disease, or death; pain and suffering; mental anguish; and any other element of actual damages recoverable in actions for negligence.” On remand, the Court of Appeals first held that the trial court erred in concluding that sovereign immunity barred McConnell’s claims.
discussed Cited "see" FULTON COUNTY v. CITY OF ATLANTA (2×)
Ga. · 2019 · signal: see · confidence high
See McConnell v. Dept. of Labor, 302 Ga. 18, 19 ( 805 SE2d 79 ) (2017).
discussed Cited "see" Fulton Cnty. v. City of Atlanta (2×)
Ga. · 2019 · signal: see · confidence high
See McConnell v. Ga. Dept. of Labor , 302 Ga. 18 , 19, 805 S.E.2d 79 (2017).
discussed Cited "see" New Cingular Wireless Pcs, LLC v. Georgia Department of Revenue (2×)
Ga. Ct. App. · 2019 · signal: accord · confidence high
B. , 241 Ga. App. 249 , 250 (1), 526 S.E.2d 76 (1999) (same). 5 New Cingular Wireless , 303 Ga. at 470 (1) n.3, 813 S.E.2d 388 (punctuation omitted); accord McConnell v. Dep't of Labor , 302 Ga. 18 , 18-19, 805 S.E.2d 79 (2017) ; Consolidated Gov't of Columbus, Ga. v. P&J Beverage Co. , 344 Ga. App. 482 , 482 (1), 810 S.E.2d 640 (2018). 6 New Cingular Wireless , 303 Ga. at 470 (1) n.3, 813 S.E.2d 388 (punctuation omitted). 7 OCGA § 48-2-35 (a). 8 OCGA § 48-2-35 (c) (1) (A) (i). 9 OCGA § 48-3-35 (f). 10 In defining "taxpayer," OCGA § 48-2-35.1 (d) also provides that [a] person that has erro…
discussed Cited "see" GEORGIA DEPARTMENT OF HUMAN SERVICES v. ADDISON (2×)
Ga. · 2018 · signal: see · confidence high
See McConnell v. Dept. of Labor, 302 Ga. 18, 19 ( 805 SE2d 79 ) (2017).
discussed Cited "see" Ga. Dep't of Human Servs. v. Addison (2×)
Ga. · 2018 · signal: see · confidence high
See McConnell v. Dept. of Labor , 302 Ga. 18 , 19, 805 S.E.2d 79 (2017).
examined Cited "see" KAMMERER REAL ESTATE HOLDINGS, LLC v. FORSYTH COUNTY BOARD OF COMMISSIONERS (3×)
Ga. · 2017 · signal: see · confidence high
See McConnell v. Ga. Dept. of Labor, 302 Ga. 18 ( 805 SE2d 79 ) (2017).
examined Cited "see" Kammerer Real Estate Holdings, LLC v. Forsyth County Board of Commissioners (3×)
Ga. · 2017 · signal: see · confidence high
See McConnell v. Ga. Dept. of Labor, 302 Ga. 18 ( 805 SE2d 79 ) (2017).
discussed Cited "see, e.g." T. Davis Humphries v. Newton County Board of Commissioners (2×)
Ga. Ct. App. · 2023 · signal: see also · confidence medium
Safety v. Johnson, 343 Ga. App. 22, 23 ( 806 SE2d 195 ) (2017) (same). 7 Ashby, 354 Ga. App. at 864; see See Gilbert v. Richardson, 264 Ga. 744, 747 (2) ( 452 SE2d 476 ) (1994) (“Absent any evidence that the legislature intended a different interpretation or to indicate that the electorate did not intend to extend sovereign immunity to counties, we hold the 1991 amendments extension of sovereign immunity to ‘the state and its departments and agencies’ must also apply to counties.”); Layer v. Barrow Cty., 297 Ga. 871, 871 (1) ( 778 SE2d 156 ) (2015) (“As a general rule, counties enjoy…
Retrieving the full opinion text from the archive…
MCCONNELL
v.
DEPARTMENT OF LABOR
S16G1786.
Supreme Court of Georgia.
Sep 13, 2017.
805 S.E.2d 79
Cohen, Cooper, Estep & Allen, Jefferson M. Allen, Scott A. Schwe-ber, for appellants., Christopher M. Carr, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Loretta L. Pinkston-Pope, Senior Assistant Attorney General, Angela E. Cusimano, Assistant Attorney General, for appellee.
Melton.
Cited by 43 opinions  |  Published
2 passages pin-cited by 3 cases
Pinpoint authority: bottom 76%
Citer courts: Supreme Court of Georgia (2) · Court of Appeals of Georgia (1)
MELTON, Presiding Justice.

Thomas McConnell filed this action against the Georgia Department of Labor (Department), alleging claims for negligence in disclosing “personal information,” invasion of privacy through the public disclosure of private facts, and breach of fiduciary duty. All of these claims are connected to the Department’s disclosure of the personal information, including social security numbers, of McConnell and some 4,000 proposed class members in an e-mail sent to approximately 1,000 Georgians. The Department filed a motion to dismiss McConnell’s claims, which the trial court granted on two bases: (1) McConnell’s claims were barred by sovereign immunity and (2) on the merits, each of McConnell’s contentions failed to state a claim upon which relief could be granted. McConnell then appealed the trial court’s dismissal order to the Court of Appeals. The Court of Appeals affirmed the order of the trial court after analyzing the merits of each of McConnell’s claims. McConnell v. Dept. of Labor, 337 Ga. App. 457 (787 SE2d 794) (2016). Although, in a footnote, the Court of Appeals mentioned the trial court’s alternative ruling that McConnell’s claims were barred by sovereign immunity, id. at 458 n. 2, the Court of Appeals, itself, did not consider the application of that doctrine to McConnell’s contentions. We granted certiorari to determine whether the Court of Appeals erred by failing to address sovereign immunity, and we now hold that the Court of Appeals did err in this manner.

The applicability of sovereign immunity[1] to claims brought against the State is a jurisdictional issue. Indeed “[sjovereign immunity ... like various other rules of jurisdiction and justiciability ... is concerned with the extent to which a case properly may come before[*19] a court at all.” Lathrop v. Deal, 301 Ga. 408, 432 (III) (B) (801 SE2d 867) (2017). Therefore, the applicability of sovereign immunity is a threshold determination,[2] and, if it does apply, a court lacks jurisdiction over the case and, concomitantly, lacks authority to decide the merits of a claim that is barred. For this reason, the Court of Appeals erred by deciding the merits of McConnell’s claims without first considering whether the doctrine of sovereign immunity bars any of his allegations against the State. Accordingly, we vacate the Court of Appeals’ judgment, and we remand the case with the direction to make the threshold determination of whether the trial court erred in its holding that McConnell’s claims are barred by sovereign immunity.

Decided September 13, 2017. Cohen, Cooper, Estep & Allen, Jefferson M. Allen, Scott A. Schwe-ber, for appellants. Christopher M. Carr, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Loretta L. Pinkston-Pope, Senior Assistant Attorney General, Angela E. Cusimano, Assistant Attorney General, for appellee.

Judgment vacated and case remanded with direction.

Hines, C. J., Benham, Hunstein, Nahmias, Blackwell, Boggs, JJ., Chief Judge Christopher C. Edwards, and Judge D. Scott Smith concur. Peterson and Grant, JJ., disqualified.
1

The Georgia Constitution provides broad sovereign immunity:

Except as specifically provided in this Paragraph, sovereign immunity extends to the state and all of its departments and agencies. 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.

Ga. Const. of 1983, Art. I, Sec. II, Par. IX (e).

2

McConnell contends that sovereign immunity for the specific types of claims he is making has been waived pursuant to the Georgia Tort Claims Act, OCGA §§ 50-21-20 to 50-21-37.