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TITLE 31 HEALTH

2A. Department of Public Health, 31-2A-1 through 31-2A-57.

ARTICLE 1 GENERAL PROVISIONS

31-2A-10. Venue of actions against department or board.

Actions at law and in equity against the department, the board, or any of its members predicated upon omissions or acts done in their official capacity or under color thereof shall be brought in the appropriate county; provided, however, that nothing in this Code section shall be construed as waiving the immunity of the state to be sued without its consent.

(Code 1933, § 88-118, enacted by Ga. L. 1964, p. 499, § 1; Code 1981, §31-2-5; Ga. L. 1991, p. 94, § 31; Code 1981, §31-2-10, as redesignated by Ga. L. 2009, p. 453, § 1-1/HB 228; Code 1981, §31-2A-10, as redesignated by Ga. L. 2011, p. 705, § 3-2/HB 214.)

The 2011 amendment, effective July 1, 2011, redesignated former Code Section 31-2-10 as present Code Section 31-2A-10.

JUDICIAL DECISIONS

"Appropriate county" means the county in which the cause of action originated. Newsome v. Department of Human Resources, 199 Ga. App. 419, 405 S.E.2d 61, cert. denied, 199 Ga. App. 906, 405 S.E.2d 61 (1991).

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Health, § 33.

C.J.S.

- 39A C.J.S., Health and Environment, § 26.

ALR.

- Right of one detained pursuant to quarantine to habeas corpus, 2 A.L.R. 1542.

Tort liability of governmental unit for injury or damage resulting from insecticide and vermin eradication operations, 25 A.L.R.2d 1057.

Liability for wrongful autopsy, 18 A.L.R.4th 858.