TATTNALL COUNTY Et Al. v. ARMSTRONG (2015)

“Thus, in analyzing a claim of official or qualified immunity, ‘the single overriding factor is whether the specific act from which liability arises is discretionary or ministerial.’ ” (Citation and punctuation omitted.) Tattnall County, 333 Ga. App. at 50 (1).

Likewise, while “OCGA § 42-4-4 (a) (2) . . . places certain 6 duties on a sheriff to provide an inmate with medical care, that statute also fails to include language waiving [sovereign] immunity[.]” Tattnall County v. Armstrong, 333 Ga. App. 46, 52 (1) ( 775 SE2d 573 ) (2015), overruled in part on other grounds, Rivera v. Washington, 298 Ga. 770 , 778 n. 7 ( 784 SE2d 775 ) (2016).

See Hill v. Jackson, 336 Ga. App. 679, 683 (1), n.3 ( 783 SE2d 719 ) (2016); Tattnall County v. Armstrong, 333 Ga. App. 46, 52-53 ( 775 SE2d 573 ) (2015) (Barnes, J., concurring fully and specially), overruled on other grounds, Rivera v. Washington, 298 Ga. 770 ( 784 SE2d 775 ) (2016). 6 authority, and done without wilfulness, malice, or corruption.” (Citation and punctuation omitted.) McDowell v. Smith, 285 Ga. 592, 593 ( 678 SE2d 922 ) (2009); see Ga. Const. Art. 1, § 2, ¶…

Miller, R J., and McFadden, P. J., concur. 1 At trial and on appeal, Swoope concedes that he was standing near Jones. 2 There is some indication in the record that the charge was dismissed because Swoope was mistakenly cited under the wrong city ordinance. 3 For a further explanation of the separate doctrines of sovereign immunity and official immunity, see Tattnall County v. Armstrong, 333 Ga. App. 46, 48-50 (1) ( 775 SE2d 573 ) (2015), overruled on other grounds, Rivera v.…

See Tattnall Cty. v. Armstrong, 775 S.E.2d 573 (Ga. Ct. App. 2015), overruled on other grounds by Rivera v. Washington, 784 S.E.2d 775 (Ga. 2016); Graham v. Cobb Cty., 730 S.E.2d 439 (Ga. Ct. App. 2012); Gish v. Thomas, 691 S.E.2d 900 (Ga. Ct. App. 2010).

See Tattnall Cty. v. Armstrong, 775 S.E.2d 573, 577 (Ga. Ct. App. 2015) (en banc) (explaining that section 42-4-4(a)(2) “places certain duties on a sheriff to provide an inmate with medical care,” whereas section “42-5-2(a) imposes upon the county the duty and cost of medical care for inmates” (quoting Graham, 730 S.E.2d at 443 )), overruled on other grounds by Rivera v. Washington, 784 S.E.2d 775 (Ga. 2016).

See Tattnall Cty. v. Armstrong, 775 S.E.2d 573 (Ga. Ct. App. 2015), overruled on other grounds by Rivera v. Washington, 784 S.E.2d 775 (Ga. 2016); Graham v. Cobb Cty., 730 S.E.2d 439 (Ga. Ct. App. 2012); Gish v. Thomas, 691 S.E.2d 900 (Ga. Ct. App. 2010).

See also Tattnall County v. Armstrong, 333 Ga. App. 46, 52 (775 SE2d 573) (2015) (Barnes, P. J., concurring fully and specially) (noting that the nomenclature used in this area of the law is extremely confusing and suggesting that we replace “official immunity” with “qualified immunity” when analyzing whether a person sued in his or her individual capacity is immune from suit), overruled on other grounds, Rivera v. Washington, 298 Ga. 770 (784 SE2d 775) (2016). 16 concluded …

See also Cameron v. Lang, 274 Ga. 122, 126 (3) ( 549 SE2d 341 ) (2001) (“Suits against public employees in their official capacities are in reality suits against the state and, therefore, involve sovereign immunity.”) (punctuation omitted). 14 (Punctuation omitted.) Tattnall County v. Armstrong, 333 Ga. App. 46, 51, n. 9 ( 775 SE2d 573 ) (2015). 15 See Austin v. Clark, 294 Ga. 773, 774 ( 755 SE2d 796 ) (2014). 16 (Citations and punctuation omitted.) Id. at 774 . 17 OCGA § 45…

See Cantrell v. Thurman, 231 Ga. App. 510 , 514–15 (1998) (“[T]he General Assembly had the clear intent that the sheriff and deputy sheriffs continue to be liable under bond . . 8 . .”), overruled on other grounds by Tattnall Cty. v. Armstrong, 333 Ga. App. 46, 47 (2015).