government actor immunity (Georgia) · Go Syfert
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government actor immunity in Georgia

5 Georgia opinions name it 1 courts 1996–2017 0 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 (4)

CaseFollowedCited
BD. OF COM'RS OF EFFINGHAM CTY. v. Farmergreen
gactapp · 1997 · cited in 3 Georgia opinions naming this issue, 2003–2017
2 sentences

2017Board of Commissioners of Effingham County , supra at 824 (2), 493 S.E.2d 21 . (citation and punctuation omitted) Stated another way, "[u]nless a government agent's act is so obviously wrong ... that only a plainly incompetent officer or one who was knowingly violating the law would have done such a thing, the government actor has immunity from suit." Maxwell v. Mayor & Aldermen of the City of Savannah , 226 Ga. App. 705 , 707 (1), 487 S.E.2d 478 (1997) (citation and punctuation omitted). " In all but the most exceptional cases , qualified immunity protects government officials performing disc

2017Board of Commissioners of Effingham County , supra at 824 (2), 493 S.E.2d 21 . (citation and punctuation omitted) Stated another way, "[u]nless a government agent's act is so obviously wrong ... that only a plainly incompetent officer or one who was knowingly violating the law would have done such a thing, the government actor has immunity from suit." Maxwell v. Mayor & Aldermen of the City of Savannah , 226 Ga. App. 705 , 707 (1), 487 S.E.2d 478 (1997) (citation and punctuation omitted). " In all but the most exceptional cases , qualified immunity protects government officials performing disc

23
Maxwell v. MAYOR & ALDER. OF SAVANNAHgreen
gactapp · 1997 · cited in 3 Georgia opinions naming this issue, 2003–2017
2 sentences

2017Board of Commissioners of Effingham County , supra at 824 (2), 493 S.E.2d 21 . (citation and punctuation omitted) Stated another way, "[u]nless a government agent's act is so obviously wrong ... that only a plainly incompetent officer or one who was knowingly violating the law would have done such a thing, the government actor has immunity from suit." Maxwell v. Mayor & Aldermen of the City of Savannah , 226 Ga. App. 705 , 707 (1), 487 S.E.2d 478 (1997) (citation and punctuation omitted). " In all but the most exceptional cases , qualified immunity protects government officials performing disc

2017Board of Commissioners of Effingham County , supra at 824 (2), 493 S.E.2d 21 . (citation and punctuation omitted) Stated another way, "[u]nless a government agent's act is so obviously wrong ... that only a plainly incompetent officer or one who was knowingly violating the law would have done such a thing, the government actor has immunity from suit." Maxwell v. Mayor & Aldermen of the City of Savannah , 226 Ga. App. 705 , 707 (1), 487 S.E.2d 478 (1997) (citation and punctuation omitted). " In all but the most exceptional cases , qualified immunity protects government officials performing disc

23
Thomas v. Holtgreen
gactapp · 1996 · cited in 1 Georgia opinions naming this issue, 1997–1997
2 sentences

1997Citing federal law, this Court has recognized that “[government officials performing discretionary functions are granted a qualified immunity shielding them from imposition of personal liability pursuant to 42 USC § 1983 insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” (Citations and punctuation omitted.) Thomas v. Holt, 221 Ga. App. 345, 347-348 (1) ( 471 SE2d 300 ) (1996). “ ‘Unless a government agent’s act is so obviously wrong, in the light of pre-existing law, that only a plainly incompetent of

1997Citing federal law, this Court has recognized that “[government officials performing discretionary functions are granted a qualified immunity shielding them from imposition of personal liability pursuant to 42 USC § 1983 insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” (Citations and punctuation omitted.) Thomas v. Holt, 221 Ga. App. 345, 347-348 (1) ( 471 SE2d 300 ) (1996). “ ‘Unless a government agent’s act is so obviously wrong, in the light of pre-existing law, that only a plainly incompetent of

11
Lassiter v. Alabamared
ca11 · 1994 · cited in 1 Georgia opinions naming this issue, 1996–1996
1 sentence

1996For the law to be clearly established to the point that qualified immunity does not apply, the law must have earlier been developed in such a concrete and factually defined context to make it obvious to all reasonable government actors, in the defendant’s place, that ‘what he is doing’ violates federal law. [Cit.]” Lassiter v. Alabama A & M Univ., Bd. of Trustees, 28 F3d 1146, 1149 (11th Cir. 1994). “[P]laintiffs must prove the existence of a clear, factually-defined, well-recognized right of which a reasonable police officer should have known. [Cit.]” Barts v. Joyner, 865 F2d 1187, 1190 (1) (

11

Distinguished, questioned or overruled (0)

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

Statutes the citing opinions construe

USC § 42u.s.c.1983 (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.

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