question of sovereign immunity (Georgia) · Go Syfert
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question of sovereign immunity in Georgia

12 Georgia opinions name it 2 courts 1978–2025 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 (12)

CaseFollowedCited
McConnell v. Department of Laborgreen
ga · 2017 · cited in 2 Georgia opinions naming this issue, 2017–2017
2 sentences

2017See McConnell v. Ga. Dept. of Labor, 302 Ga. 18 ( 805 SE2d 79 ) (2017).

2017See McConnell v. Ga. Dept. of Labor, 302 Ga. 18 ( 805 SE2d 79 ) (2017).

22
Kammerer Real Estate Holdings, LLC v. Forsyth County Board of Commissionersgreen
ga · 2017 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019Cf. Kammerer Real Estate Holdings v. Forsyth County Bd. of Commrs. , 302 Ga. 284 , 285, n.2 (1), 806 S.E.2d 561 (2017).

2019Cf. Kammerer Real Estate Holdings v. Forsyth County Bd. of Commrs. , 302 Ga. 284 , 285, n.2 (1), 806 S.E.2d 561 (2017).

12
Georgia Department of Labor v. Rtt Associates, Inc.green
ga · 2016 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021Factual findings are sustained if there is evidence supporting them[.]” (punctuation omitted)); see also Ga. Dep’t of Natural Res. v. Ctr. for a Sustainable Coast, Inc., 294 Ga. 593, 596 (2) ( 755 SE2d 184 ) (2014) (noting that the issue of sovereign immunity is a question of law which is reviewed de novo). 2 See Ga. Dep’t of Labor v. RTT Assoc., Inc., 299 Ga. 78, 81 (1) ( 786 SE2d 840 ) (2016); O’Donnell, 352 Ga. App. at 651 (“[T]he burden of proof is on the party seeking the waiver of immunity.” (punctuation omitted)). 2 Billue and Christopher Monica—were tragically killed with their own ser

2021Factual findings are sustained if there is evidence supporting them[.]” (punctuation omitted)); see also Ga. Dep’t of Natural Res. v. Ctr. for a Sustainable Coast, Inc., 294 Ga. 593, 596 (2) ( 755 SE2d 184 ) (2014) (noting that the issue of sovereign immunity is a question of law which is reviewed de novo). 2 See Ga. Dep’t of Labor v. RTT Assoc., Inc., 299 Ga. 78, 81 (1) ( 786 SE2d 840 ) (2016); O’Donnell, 352 Ga. App. at 651 (“[T]he burden of proof is on the party seeking the waiver of immunity.” (punctuation omitted)). 2 Billue and Christopher Monica—were tragically killed with their own ser

11
Georgia Department of Natural Resources v. Center for a Sustainable Coast, Inc.green
ga · 2014 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021Factual findings are sustained if there is evidence supporting them[.]” (punctuation omitted)); see also Ga. Dep’t of Natural Res. v. Ctr. for a Sustainable Coast, Inc., 294 Ga. 593, 596 (2) ( 755 SE2d 184 ) (2014) (noting that the issue of sovereign immunity is a question of law which is reviewed de novo). 2 See Ga. Dep’t of Labor v. RTT Assoc., Inc., 299 Ga. 78, 81 (1) ( 786 SE2d 840 ) (2016); O’Donnell, 352 Ga. App. at 651 (“[T]he burden of proof is on the party seeking the waiver of immunity.” (punctuation omitted)). 2 Billue and Christopher Monica—were tragically killed with their own ser

2021Factual findings are sustained if there is evidence supporting them[.]” (punctuation omitted)); see also Ga. Dep’t of Natural Res. v. Ctr. for a Sustainable Coast, Inc., 294 Ga. 593, 596 (2) ( 755 SE2d 184 ) (2014) (noting that the issue of sovereign immunity is a question of law which is reviewed de novo). 2 See Ga. Dep’t of Labor v. RTT Assoc., Inc., 299 Ga. 78, 81 (1) ( 786 SE2d 840 ) (2016); O’Donnell, 352 Ga. App. at 651 (“[T]he burden of proof is on the party seeking the waiver of immunity.” (punctuation omitted)). 2 Billue and Christopher Monica—were tragically killed with their own ser

11
Alden v. Mainegreen
scotus · 1999 · cited in 1 Georgia opinions naming this issue, 2018–2018
2 sentences

2018In Alden , the Supreme Court noted that the adoption of the Fourteenth Amendment "required the States to surrender a portion of the sovereignty that had been preserved to them by the original Constitution, so that Congress may authorize private suits against nonconsenting States pursuant to its § 5 enforcement power." 527 U.S. at 756 (III), 119 S.Ct. 2240 .

2018In Alden , the Supreme Court noted that the adoption of the Fourteenth Amendment "required the States to surrender a portion of the sovereignty that had been preserved to them by the original Constitution, so that Congress may authorize private suits against nonconsenting States pursuant to its § 5 enforcement power." 527 U.S. at 756 (III), 119 S.Ct. 2240 .

11
Bennett v. Executive Benefits, Inc.green
gactapp · 1993 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011It is, of course, “well established that the burden is on the party alleging error to show it by the record.” Bennett v. Executive Benefits, Inc., 210 Ga. App. 429, 429 ( 436 SE2d 544 ) (1993) (citation omitted).

2011It is, of course, “well established that the burden is on the party alleging error to show it by the record.” Bennett v. Executive Benefits, Inc., 210 Ga. App. 429, 429 ( 436 SE2d 544 ) (1993) (citation omitted).

11
Department of Transportation v. Dupreegreen
gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011See generally Dep’t of Transp. v. Dupree, 256 Ga. App. 668, 670-76 (1) (a)-(c) ( 570 SE2d 1 ) (2002) (providing an explanation of how and when a trial court considers the question of sovereign immunity). 7 OCGA § 50-21-20 et seq. 8 Id. ; see also Reidling, 280 Ga. App. at 701 (1). 9 See OCGA § 50-21-24; see also Reidling, 280 Ga. App. at 701 (1). 10 Reidling, 280 Ga. App. at 701 (1) (citation omitted). 11 Lewis v. Dep’t of Human Res., 255 Ga. App. 805, 806-07 ( 567 SE2d 65 ) (2002) (punctuation omitted). 12 Dupree, 256 Ga. App. at 676 (1) (c) (citation and punctuation omitted); see also Steele

2011See generally Dep’t of Transp. v. Dupree, 256 Ga. App. 668, 670-76 (1) (a)-(c) ( 570 SE2d 1 ) (2002) (providing an explanation of how and when a trial court considers the question of sovereign immunity). 7 OCGA § 50-21-20 et seq. 8 Id. ; see also Reidling, 280 Ga. App. at 701 (1). 9 See OCGA § 50-21-24; see also Reidling, 280 Ga. App. at 701 (1). 10 Reidling, 280 Ga. App. at 701 (1) (citation omitted). 11 Lewis v. Dep’t of Human Res., 255 Ga. App. 805, 806-07 ( 567 SE2d 65 ) (2002) (punctuation omitted). 12 Dupree, 256 Ga. App. at 676 (1) (c) (citation and punctuation omitted); see also Steele

11
Lewis v. Department of Human Resourcesgreen
gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011See generally Dep’t of Transp. v. Dupree, 256 Ga. App. 668, 670-76 (1) (a)-(c) ( 570 SE2d 1 ) (2002) (providing an explanation of how and when a trial court considers the question of sovereign immunity). 7 OCGA § 50-21-20 et seq. 8 Id. ; see also Reidling, 280 Ga. App. at 701 (1). 9 See OCGA § 50-21-24; see also Reidling, 280 Ga. App. at 701 (1). 10 Reidling, 280 Ga. App. at 701 (1) (citation omitted). 11 Lewis v. Dep’t of Human Res., 255 Ga. App. 805, 806-07 ( 567 SE2d 65 ) (2002) (punctuation omitted). 12 Dupree, 256 Ga. App. at 676 (1) (c) (citation and punctuation omitted); see also Steele

2011See generally Dep’t of Transp. v. Dupree, 256 Ga. App. 668, 670-76 (1) (a)-(c) ( 570 SE2d 1 ) (2002) (providing an explanation of how and when a trial court considers the question of sovereign immunity). 7 OCGA § 50-21-20 et seq. 8 Id. ; see also Reidling, 280 Ga. App. at 701 (1). 9 See OCGA § 50-21-24; see also Reidling, 280 Ga. App. at 701 (1). 10 Reidling, 280 Ga. App. at 701 (1) (citation omitted). 11 Lewis v. Dep’t of Human Res., 255 Ga. App. 805, 806-07 ( 567 SE2d 65 ) (2002) (punctuation omitted). 12 Dupree, 256 Ga. App. at 676 (1) (c) (citation and punctuation omitted); see also Steele

11
Department of Transportation v. Mikellgreen
gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011See generally Dep’t of Transp. v. Dupree, 256 Ga. App. 668, 670-76 (1) (a)-(c) ( 570 SE2d 1 ) (2002) (providing an explanation of how and when a trial court considers the question of sovereign immunity). 7 OCGA § 50-21-20 et seq. 8 Id. ; see also Reidling, 280 Ga. App. at 701 (1). 9 See OCGA § 50-21-24; see also Reidling, 280 Ga. App. at 701 (1). 10 Reidling, 280 Ga. App. at 701 (1) (citation omitted). 11 Lewis v. Dep’t of Human Res., 255 Ga. App. 805, 806-07 ( 567 SE2d 65 ) (2002) (punctuation omitted). 12 Dupree, 256 Ga. App. at 676 (1) (c) (citation and punctuation omitted); see also Steele

2011See generally Dep’t of Transp. v. Dupree, 256 Ga. App. 668, 670-76 (1) (a)-(c) ( 570 SE2d 1 ) (2002) (providing an explanation of how and when a trial court considers the question of sovereign immunity). 7 OCGA § 50-21-20 et seq. 8 Id. ; see also Reidling, 280 Ga. App. at 701 (1). 9 See OCGA § 50-21-24; see also Reidling, 280 Ga. App. at 701 (1). 10 Reidling, 280 Ga. App. at 701 (1) (citation omitted). 11 Lewis v. Dep’t of Human Res., 255 Ga. App. 805, 806-07 ( 567 SE2d 65 ) (2002) (punctuation omitted). 12 Dupree, 256 Ga. App. at 676 (1) (c) (citation and punctuation omitted); see also Steele

11
Reidling v. City of Gainesvillegreen
gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011See generally Dep’t of Transp. v. Dupree, 256 Ga. App. 668, 670-76 (1) (a)-(c) ( 570 SE2d 1 ) (2002) (providing an explanation of how and when a trial court considers the question of sovereign immunity). 7 OCGA § 50-21-20 et seq. 8 Id. ; see also Reidling, 280 Ga. App. at 701 (1). 9 See OCGA § 50-21-24; see also Reidling, 280 Ga. App. at 701 (1). 10 Reidling, 280 Ga. App. at 701 (1) (citation omitted). 11 Lewis v. Dep’t of Human Res., 255 Ga. App. 805, 806-07 ( 567 SE2d 65 ) (2002) (punctuation omitted). 12 Dupree, 256 Ga. App. at 676 (1) (c) (citation and punctuation omitted); see also Steele

2011See generally Dep’t of Transp. v. Dupree, 256 Ga. App. 668, 670-76 (1) (a)-(c) ( 570 SE2d 1 ) (2002) (providing an explanation of how and when a trial court considers the question of sovereign immunity). 7 OCGA § 50-21-20 et seq. 8 Id. ; see also Reidling, 280 Ga. App. at 701 (1). 9 See OCGA § 50-21-24; see also Reidling, 280 Ga. App. at 701 (1). 10 Reidling, 280 Ga. App. at 701 (1) (citation omitted). 11 Lewis v. Dep’t of Human Res., 255 Ga. App. 805, 806-07 ( 567 SE2d 65 ) (2002) (punctuation omitted). 12 Dupree, 256 Ga. App. at 676 (1) (c) (citation and punctuation omitted); see also Steele

11
Steele v. Georgia Department of Transportationgreen
gactapp · 2005 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011See generally Dep’t of Transp. v. Dupree, 256 Ga. App. 668, 670-76 (1) (a)-(c) ( 570 SE2d 1 ) (2002) (providing an explanation of how and when a trial court considers the question of sovereign immunity). 7 OCGA § 50-21-20 et seq. 8 Id. ; see also Reidling, 280 Ga. App. at 701 (1). 9 See OCGA § 50-21-24; see also Reidling, 280 Ga. App. at 701 (1). 10 Reidling, 280 Ga. App. at 701 (1) (citation omitted). 11 Lewis v. Dep’t of Human Res., 255 Ga. App. 805, 806-07 ( 567 SE2d 65 ) (2002) (punctuation omitted). 12 Dupree, 256 Ga. App. at 676 (1) (c) (citation and punctuation omitted); see also Steele

2011See generally Dep’t of Transp. v. Dupree, 256 Ga. App. 668, 670-76 (1) (a)-(c) ( 570 SE2d 1 ) (2002) (providing an explanation of how and when a trial court considers the question of sovereign immunity). 7 OCGA § 50-21-20 et seq. 8 Id. ; see also Reidling, 280 Ga. App. at 701 (1). 9 See OCGA § 50-21-24; see also Reidling, 280 Ga. App. at 701 (1). 10 Reidling, 280 Ga. App. at 701 (1) (citation omitted). 11 Lewis v. Dep’t of Human Res., 255 Ga. App. 805, 806-07 ( 567 SE2d 65 ) (2002) (punctuation omitted). 12 Dupree, 256 Ga. App. at 676 (1) (c) (citation and punctuation omitted); see also Steele

11
Daniels v. Department of Transportationgreen
gactapp · 1996 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011See generally Dep’t of Transp. v. Dupree, 256 Ga. App. 668, 670-76 (1) (a)-(c) ( 570 SE2d 1 ) (2002) (providing an explanation of how and when a trial court considers the question of sovereign immunity). 7 OCGA § 50-21-20 et seq. 8 Id. ; see also Reidling, 280 Ga. App. at 701 (1). 9 See OCGA § 50-21-24; see also Reidling, 280 Ga. App. at 701 (1). 10 Reidling, 280 Ga. App. at 701 (1) (citation omitted). 11 Lewis v. Dep’t of Human Res., 255 Ga. App. 805, 806-07 ( 567 SE2d 65 ) (2002) (punctuation omitted). 12 Dupree, 256 Ga. App. at 676 (1) (c) (citation and punctuation omitted); see also Steele

2011See generally Dep’t of Transp. v. Dupree, 256 Ga. App. 668, 670-76 (1) (a)-(c) ( 570 SE2d 1 ) (2002) (providing an explanation of how and when a trial court considers the question of sovereign immunity). 7 OCGA § 50-21-20 et seq. 8 Id. ; see also Reidling, 280 Ga. App. at 701 (1). 9 See OCGA § 50-21-24; see also Reidling, 280 Ga. App. at 701 (1). 10 Reidling, 280 Ga. App. at 701 (1) (citation omitted). 11 Lewis v. Dep’t of Human Res., 255 Ga. App. 805, 806-07 ( 567 SE2d 65 ) (2002) (punctuation omitted). 12 Dupree, 256 Ga. App. at 676 (1) (c) (citation and punctuation omitted); see also Steele

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
BRAY v. WATKINS green
ga · 2023
1 sentence

2025Bray II, 317 Ga. at 703 .

12025–2025
STATE of Georgia Et Al. v. INTERNATIONAL INDEMNITY COMPANY Et Al. Regulatory Technologies, Inc. v. State of Georgia. green
gactapp · 2017
1 sentence

2019Although the question of sovereign immunity's applicability to Reg Tech is not before this Court because Sun States did not file a petition for certiorari to challenge the Court of Appeals' sovereign immunity holding, we note that it does not appear that the Court of Appeals held that sovereign immunity protects Reg Tech (which obviously is not a state agency or department), because on that issue the Court of Appeals reversed the trial court "to the extent it found that the government has waived sovereign immunity ... and that the state/liquidator could be held liable." Id. at 653, 809 S.E.2d

12019–2019
Crews v. McQueen green
gactapp · 1989
2 sentences

1990Appellee Wright relies upon the case of Crews v. McQueen, 192 Ga. App. 560 ( 385 SE2d 712 ) (1989), in which the Court of Appeals considered the question of sovereign immunity in the case of a child whose arm was broken during a paddling by a school principal.

1990Appellee Wright relies upon the case of Crews v. McQueen, 192 Ga. App. 560 ( 385 SE2d 712 ) (1989), in which the Court of Appeals considered the question of sovereign immunity in the case of a child whose arm was broken during a paddling by a school principal.

11990–1990
Hipp v. Hospital Authority of City of Marietta green
gactapp · 1961
2 sentences

1982In Hipp v. Hospital Authority, 104 Ga. App. 174 ( 121 SE2d 273 ) (1961), the court was once again asked to consider the question of sovereign immunity for a hospital authority and held that the issue was considered to be settled as a hospital authority is subject to suit the same as any private corporation.

1982In Hipp v. Hospital Authority, 104 Ga. App. 174 ( 121 SE2d 273 ) (1961), the court was once again asked to consider the question of sovereign immunity for a hospital authority and held that the issue was considered to be settled as a hospital authority is subject to suit the same as any private corporation.

11982–1982
Columbus Railroad v. Moore neutral
gactapp · 1922
2 sentences

1978Co. v. Moore, 29 Ga. App. 79 ( 113 SE2d 820 ) (1922) and points out that these cases did not involve the question of sovereign immunity but were negligence actions involving tort liability of nongovernmental parties.

1978Co. v. Moore, 29 Ga. App. 79 ( 113 SE2d 820 ) (1922) and points out that these cases did not involve the question of sovereign immunity but were negligence actions involving tort liability of non governmental parties.

11978–1978

Statutes the citing opinions construe

GA § 50-21-20 (4) GA § 50-21-23 (3)

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

GA 12 (1978–2025) FL 10 (1961–2021) NV 5 (2018–2018) CO 5 (2006–2026) NC 4 (1993–2016) NE 4 (2022–2026) AL 4 (1969–2006) VA 4 (2001–2024) NY 4 (1988–2025) MS 3 (1984–2011) CT 3 (1966–1991) KY 3 (1980–2024) DE 2 (1979–1995) TN 2 (1984–2025) MA 2 (2014–2015) UT 2 (1960–1989) AK 2 (1988–2017) IN 2 (1971–1987) MO 2 (1988–2004) WY 2 (1977–1979)

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.

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