Logue v. Wright (1990)

See Phillips v. Hanse, 281 Ga. 133 , 637 S.E.2d 11, 12 (2006) (affirming summary judgment based on official immunity because officer had discretion to engage in high-speed chase, and the officer’s violations of several provisions of the police manual during the chase did not turn his discretionary act into a ministerial one); Cameron, 549 S.E.2d at 345-46 (officer entitled to summary judgment based on official immunity because his failure to activate his lights and siren, in…

It is important to keep in mind that the immunity is for [a] negligent [discretionary] [act,] not for malicious acts, acts of corruption, wilful acts, or acts involving reckless disregard for the safety of others." Logue v. Wright, supra at 206-207 (1).

Logue v. Wright, 260 Ga. 206, 207 (1) ( 392 SE2d 235 ) (1990).

Cf. Adams v. Hazelwood, 271 Ga. 414 ( 520 SE2d 896 ) (1999) (applying actual malice standard of 1991 amendment to high school football coach). 16 See Gilbert; 264 Ga. at 753 (officer was performing a discretionary function when she rushed to back up another officer in response to an emergency call); Logue v. Wright, 260 Ga. 206, 208 ( 392 SE2d 235 ) (1990) (officer engages in discretionary act in responding to an emergency call about a fight). 17 See Merrow v. Hawkins, 266 G…

There is no provision for a county to set up a self-insurance plan." Logue v. Wright, 260 Ga. 206, 209 ( 392 SE2d 235 ) (1990).

IX (d). 18 Id. 19 Merrow v. Hawkins, 266 Ga. 390, 391-392 (2) ( 467 SE2d 336 ) (1996). 20 Phillips v. Hanse, 281 Ga. 133, 136 (2) ( 637 SE2d 11 ) (2006). 21 Logue v. Wright, 260 Ga. 206, 206-207 (1) ( 392 SE2d 235 ) (1990). 22 The definition of “discretionary function” found in the Georgia Tort Claims Act (see OCGA § 50-21-22 (2)) does not apply to city employees since cities were expressly excluded from thatAct.

Outlaw v. Nasworthy, 250 Ga. App. at 364 (1); see McLemore v. City Council of Augusta, 212 Ga. App. at 865 (4) (noting that “if [the officer] was responding to an emergency call of [another] officer his allegedly negligent act would be discretionary in nature; however, if he had returned to routine patrol his conduct would be considered ministerial in nature”) (citation omitted); see also Gilbert v. Richardson, 264 Ga. at 752 (6) (finding that a deputy sheriff was exercising…

See Dickey v. Harden, 202 Ga. App. 645, 646 ( 414 SE2d 924 ) (1992). 4 Connell v. Head, 253 Ga. App. 443, 444 ( 559 SE2d 73 ) (2002). 5 It is undisputed that Stevenson was engaged in his employment at the time of the collision and that his actions arose out of his employment as a police officer. 6 See Mayor &c. of Savannah v. Stevens, 278 Ga. 166 (1) ( 598 SE2d 456 ) (2004). 7 See id. at 166-167 . 8 Id. at 167 ; see also Barge v. City of College Park, 148 Ga. App. 480, 482 (…

All the Justices concur. 1 Hanse v. Phillips, 276 Ga. App. 558 ( 623 SE2d 746 ) (2005). 2 Cameron v. Lang, 274 Ga. 122, 124 ( 549 SE2d 341 ) (2001). 3 Hanse, 276 Ga. App. at 559 . 4 Cameron, 274 Ga. at 125 . 5 260 Ga. 206, 208 ( 392 SE2d 235 ) (1990). 6 266 Ga. 390 ( 467 SE2d 336 ) (1996). 7 Art.

Johnson, P. J, and Miller, J., concur. 1 Hot Shot Express v. Assicurazioni Generali, S.P.A., 252 Ga. App. 372, 373 ( 556 SE2d 475 ) (2001). 2 Kaylor v. Atwell, 251 Ga. App. 270, 272 (2) ( 553 SE2d 868 ) (2001). 3 Phillips v. Walls, 242 Ga. App. 309, 311 (1) ( 529 SE2d 626 ) (2000). 4 Schulze v. DeKalb County, 230 Ga. App. 305, 308 ( 496 SE2d 273 ) (1998). 5 Ridley v. Johns, 274 Ga. 241 ( 552 SE2d 853 ) (2001). 6 Logue v. Wright, 260 Ga. 206, 208 (1) ( 392 SE2d 235 ) (1990). …

IX (d); Logue v. Wright, 260 Ga. 206, 207 (1) ( 392 SE2d 235 ) (1990), overruled on other grounds, Merrow v. Hawkins, 266 Ga. 390 ( 467 SE2d 336 ) (1996).

Gilbert v. Richardson, 264 Ga. 744, 753 (6) ( 452 SE2d 476 ) (1994); Logue v. Wright, 260 Ga. 206, 207-208 (1) ( 392 SE2d 235 ) (1990). 1 *809 Similarly, Solomon was exercising his discretion in deciding to pursue the suspected stolen car.

OCGA § 50-21-22 (7). 5 See OCGA §§ 50-21-22 (2); 50-21-23; 50-21-24 (2). 6 See OCGA § 50-21-23. 7 OCGA § 50-21-24 (2). 8 OCGA § 50-21-22 (2). 9 267 Ga. 6 ( 471 SE2d 849 ) (1996). 10 Id. at 7 . 11 Id. at 7 . 12 See Parrish v. State, 270 Ga. 878 ( 514 SE2d 834 ) (1999); Gilbert v. Richardson, 264 Ga. 744, 752-753 ( 452 SE2d 476 ) (1994). 13 Gilbert, 264 Ga. at 747 ; OCGA § 50-21-22 (5). 14 For the immunity afforded to state employees, see Riddle v. Ashe, 269 Ga. 65, 66 (1) ( 4…

In Logue v. Wright, 260 Ga. 206 , 392 S.E.2d 235, 237 (1990), the court held that a deputy sheriff exercises discretion when he decides “to rush to the scene of the disorder.” In Gilbert , the court found a deputy sheriff to again be performing an official discretionary function by responding to an emergency call.

Moreover, the defense of official immunity under Logue v. Wright, 260 Ga. 206, 208 ( 392 SE2d 235 ) and Hennessy v. Webb, 245 Ga. 329 ( 264 SE2d 878 ) is available to these appellants to defeat any claim King might assert under state law.

Logue v. Wright, 260 Ga. 206, 208 ( 392 SE2d 235 ).

To say that it did would render the rule meaningless.” Logue v. Wright, supra at 207-208 (1).

See also Logue v. Wright, 260 Ga. 206 ( 392 SE2d 235 ) (1990), which held that “[t]he decision to rush to the scene of the disorder lay within [the officer’s] discretion.. ..

See, e.g., Logue v. Wright, 260 Ga. 206 , 392 S.E.2d 235, 237 (1990); Cooper v. Wade, 218 Mich.App. 649 , 554 N.W.2d 919, 923 (1996); Creighton v. Conway, 937 S.W.2d 247, 250-51 (Mo.Ct.App.1996); Canico v. Hurtado, 144 N.J. 361 , 676 A.2d 1083, 1085 (1996); Fahnbulleh v. Strahan, 73 Ohio St.3d 666 , 653 N.E.2d 1186, 1188 (1995).

Martin v. Ga. Dept. of Public Safety, 257 Ga. 300, 302-303 ( 357 SE2d 569 ) (1987); Swofford v. Cooper, 184 Ga. App. 50, 54 ( 360 SE2d 624 ) (1987); aff'd 258 Ga. 143 ( 368 SE2d 518 ) (1988); Hennessy, supra at 329 ; compare Loque v. Wright, 260 Ga. 206 ( 392 SE2d 235 ) (1990).

Compare Logue v. Wright, 260 Ga. 206, 207-208 (1) ( 392 SE2d 235 ) (1990).

See Logue v. Wright, 260 Ga. 206 (1) ( 392 SE2d 235 ) (1990), rev'd on other grounds, Merrow v. Hawkins, 266 Ga. 390, 392 (2) ( 467 SE2d 336 ) (1996).

See Logue v. Wright, 260 Ga. 206 ( 392 SE2d 235 ) (1990).

IX; see also Logue v. Wright, 260 Ga. 206, 208 (2), 209 (3) ( 392 SE2d 235 ) (1990); Tillman v. Mastin, 216 Ga. App. 3 ( 453 SE2d 85 ) (1994); and Pizza Hut of America v. Hood, 198 Ga. App. 112, 113 (2) ( 400 SE2d 657 ) (1990).

See id.; see also Logue v. Wright, 260 Ga. 206, 207-208 ( 392 SE2d 235 ) (1990).

See Logue, 260 Ga. at 208 , 392 S.E.2d 235 (finding that a police officer’s decision to rush to the scene of a disturbance was within his discretion, and, therefore, that his negligence in not activating his blue light and siren cannot give rise to liability; this is so even though the officer had no independent discretion to violate the law by failing to activate his light and siren); Alford, 203 Ga.App. at 721 , 418 S.E.2d 79 (finding that a sheriffs deputy was acting with…

See Logue v. Wright, supra, 260 Ga. at 207 (1). " `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.

See Logue v. Wright, 260 Ga. 206 (1) ( 392 SE2d 235 ) (1990).

See Logue, 260 Ga. at 208 .

Accord Logue v. *685 Wright, 260 Ga. 206 ( 392 SE2d 235 ) (1990).