basis of official immunity in Georgia

12 Georgia opinions name it 2 courts 1999–2023 2 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

Case	Followed	Cited
Cameron v. Langgreen ga · 2001 · cited in 2 Georgia opinions naming this issue, 2002–2014 2 sentences 2014Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.4 [O]n appeal from the denial or grant of summary judgment[,] the appellate court is to conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and 3 Taylor v. Campbell, 320 Ga. App. 362, 363, n. 3 ( 739 SE2d 801 ) (2013) (citations and punctuation omitted); Bd. of Regents of the University Sys. of Ga. v. Canas, 295 Ga. App. 505, 507 (1) ( 672 SE2d 471 ) (2009); see Cameron v. Lang, 274 Ga. 122, 124 ( 549 SE2d 2014Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.4 [O]n appeal from the denial or grant of summary judgment[,] the appellate court is to conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and 3 Taylor v. Campbell, 320 Ga. App. 362, 363, n. 3 ( 739 SE2d 801 ) (2013) (citations and punctuation omitted); Bd. of Regents of the University Sys. of Ga. v. Canas, 295 Ga. App. 505, 507 (1) ( 672 SE2d 471 ) (2009); see Cameron v. Lang, 274 Ga. 122, 124 ( 549 SE2d	2	2
Clive v. Gregorygreen gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2018–2018 2 sentences 2018But he has failed to show by the record that there are no genuine issues of material fact as to the issue of such immunity. "[T]he doctrine of official immunity provides that a public officer or employee may be personally liable for his negligent ministerial acts, but he may not be held liable for his discretionary acts unless such acts are wilful, wanton, or outside the scope of his authority." Clive v. Gregory , 280 Ga. App. 836 , 841 (2), 635 S.E.2d 188 (2006) (citation omitted). 2018But he has failed to show by the record that there are no genuine issues of material fact as to the issue of such immunity. "[T]he doctrine of official immunity provides that a public officer or employee may be personally liable for his negligent ministerial acts, but he may not be held liable for his discretionary acts unless such acts are wilful, wanton, or outside the scope of his authority." Clive v. Gregory , 280 Ga. App. 836 , 841 (2), 635 S.E.2d 188 (2006) (citation omitted).	1	1
Glass v. Gatesgreen gactapp · 2011 · cited in 1 Georgia opinions naming this issue, 2017–2017 2 sentences 2017See Glass , 311 Ga. App. at 575-576 (2), 716 S.E.2d 611 (if relevant facts pertaining to immunity are in dispute, the trial court is without authority to resolve those factual issues on a motion for summary judgment). 2. 2017See Glass , 311 Ga. App. at 575-576 (2), 716 S.E.2d 611 (if relevant facts pertaining to immunity are in dispute, the trial court is without authority to resolve those factual issues on a motion for summary judgment). 2.	1	1
Delong v. Domenicigreen gactapp · 2005 · cited in 1 Georgia opinions naming this issue, 2016–2016 1 sentence 2016See Delong, 271 Ga. App. at 759 (1) (reversing denial of summary judgment after finding the police officer was entitled to official immunity); see also Stephens v. Zimmerman, 333 Ga. App. 586, 591-593 (1) (b) ( 774 SE2d 811 ) (2015). 2.	1	1
STEPHENS Et Al. v. ZIMMERMANgreen gactapp · 2015 · cited in 1 Georgia opinions naming this issue, 2016–2016 2 sentences 2016See Delong, 271 Ga. App. at 759 (1) (reversing denial of summary judgment after finding the police officer was entitled to official immunity); see also Stephens v. Zimmerman, 333 Ga. App. 586, 591-593 (1) (b) ( 774 SE2d 811 ) (2015). 2. 2016See Delong, 271 Ga. App. at 759 (1) (reversing denial of summary judgment after finding the police officer was entitled to official immunity); see also Stephens v. Zimmerman, 333 Ga. App. 586, 591-593 (1) (b) ( 774 SE2d 811 ) (2015). 2.	1	1
McDowell v. Smithgreen ga · 2009 · cited in 1 Georgia opinions naming this issue, 2015–2015 2 sentences 2015See McDowell v. Smith, 285 Ga. at 593 . 2015See McDowell v. Smith, 285 Ga. at 593 .	1	1
Board of Regents v. Canasgreen gactapp · 2009 · cited in 1 Georgia opinions naming this issue, 2014–2014 2 sentences 2014Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.4 [O]n appeal from the denial or grant of summary judgment[,] the appellate court is to conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and 3 Taylor v. Campbell, 320 Ga. App. 362, 363, n. 3 ( 739 SE2d 801 ) (2013) (citations and punctuation omitted); Bd. of Regents of the University Sys. of Ga. v. Canas, 295 Ga. App. 505, 507 (1) ( 672 SE2d 471 ) (2009); see Cameron v. Lang, 274 Ga. 122, 124 ( 549 SE2d 2014Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.4 [O]n appeal from the denial or grant of summary judgment[,] the appellate court is to conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and 3 Taylor v. Campbell, 320 Ga. App. 362, 363, n. 3 ( 739 SE2d 801 ) (2013) (citations and punctuation omitted); Bd. of Regents of the University Sys. of Ga. v. Canas, 295 Ga. App. 505, 507 (1) ( 672 SE2d 471 ) (2009); see Cameron v. Lang, 274 Ga. 122, 124 ( 549 SE2d	1	1
Taylor v. Campbellgreen gactapp · 2013 · cited in 1 Georgia opinions naming this issue, 2014–2014 1 sentence 2014Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.4 [O]n appeal from the denial or grant of summary judgment[,] the appellate court is to conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and 3 Taylor v. Campbell, 320 Ga. App. 362, 363, n. 3 ( 739 SE2d 801 ) (2013) (citations and punctuation omitted); Bd. of Regents of the University Sys. of Ga. v. Canas, 295 Ga. App. 505, 507 (1) ( 672 SE2d 471 ) (2009); see Cameron v. Lang, 274 Ga. 122, 124 ( 549 SE2d	1	1
Gamble v. Ware County Board of Educationgreen gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2003–2003 2 sentences 2003In Gamble v. Ware County Bd. of Ed., 253 Ga. App. 819, 824 (2) (b) ( 561 SE2d 837 ) (2002), this court addressed the issue of whether certain school employees were immune from liability for supervising students on the school bus. 2003In Gamble v. Ware County Bd. of Ed., 253 Ga. App. 819, 824 (2) (b) ( 561 SE2d 837 ) (2002), this court addressed the issue of whether certain school employees were immune from liability for supervising students on the school bus.	1	1
Gardner v. Rogersgreen gactapp · 1996 · cited in 1 Georgia opinions naming this issue, 1999–1999 1 sentence 1999Compare Gardner v. Rogers, supra. The trial court correctly granted Appellees’ motions for summary judgment on the basis of official immunity.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (7)

Case	Cited	Years
Austin v. Clark green ga · 2014 1 sentence 2023See generally OCGA § 9-11-56; Austin, 294 Ga. at 774-775 ; Griffith, 366 Ga. App. at 871 (3) (“When a defendant moves for summary judgment on the basis of official immunity, he bears the burden of establishing that he was entitled to the protection of said immunity.”) (citation and punctuation omitted).	1	2023–2023
Wanless v. Tatum green gactapp · 2000 1 sentence 2022Id. at 884 .	1	2022–2022
Johnson v. Gwinnett County green gactapp · 1994 2 sentences 2019Unlike sovereign immunity, "a claim of immunity under [this Code Section] cannot be waived by those persons to whom the statute applies[.]"(Citation and punctuation omitted.) Johnson v. Gwinnett County , 215 Ga. App. 79 , 80 (1), 449 S.E.2d 856 (1994). 2019Unlike sovereign immunity, "a claim of immunity under [this Code Section] cannot be waived by those persons to whom the statute applies[.]"(Citation and punctuation omitted.) Johnson v. Gwinnett County , 215 Ga. App. 79 , 80 (1), 449 S.E.2d 856 (1994).	1	2019–2019
Greene County School District v. Circle Y Construction, Inc. green gactapp · 2013 1 sentence 2014Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.4 [O]n appeal from the denial or grant of summary judgment[,] the appellate court is to conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and 3 Taylor v. Campbell, 320 Ga. App. 362, 363, n. 3 ( 739 SE2d 801 ) (2013) (citations and punctuation omitted); Bd. of Regents of the University Sys. of Ga. v. Canas, 295 Ga. App. 505, 507 (1) ( 672 SE2d 471 ) (2009); see Cameron v. Lang, 274 Ga. 122, 124 ( 549 SE2d	1	2014–2014
Brantley v. Department of Human Resources green ga · 1999 2 sentences 2003We reject the Aliffis’ argument that the definition of “discretionary function,” which the Supreme Court discussed in Brantley v. Dept. of Human Resources, 271 Ga. 679 ( 523 SE2d 571 ) (2000), and Edwards v. Dept. of Children &c. 2003We reject the Aliffis’ argument that the definition of “discretionary function,” which the Supreme Court discussed in Brantley v. Dept. of Human Resources, 271 Ga. 679 ( 523 SE2d 571 ) (2000), and Edwards v. Dept. of Children &c.	1	2003–2003
Williams v. Solomon green gactapp · 2000 2 sentences 2001Roundtree contends that summary judgment in favor of Officers Cloud and Torres on the basis of official immunity as applied in Williams v. Solomon, 242 Ga. App. 807 ( 531 SE2d 734 ) (2000), was error because the trial court failed to give effect to OCGA § 40-6-6. 2001Roundtree contends that summary judgment in favor of Officers Cloud and Torres on the basis of official immunity as applied in Williams v. Solomon, 242 Ga. App. 807 ( 531 SE2d 734 ) (2000), was error because the trial court failed to give effect to OCGA § 40-6-6.	1	2001–2001
Lang v. Becham green gactapp · 2000 2 sentences 2001This argument is premised on an apparent conflict between Williams, supra, and Lang v. Becham, 243 Ga. App. 132 ( 530 SE2d 746 ) (2000). 2001This argument is premised on an apparent conflict between Williams, supra, and Lang v. Becham, 243 Ga. App. 132 ( 530 SE2d 746 ) (2000).	1	2001–2001

Statutes the citing opinions construe

GA § 9-11-56 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 19 (1991–2016) GA 12 (1999–2023) MO 5 (1986–2021) MN 4 (1992–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check