O.C.G.A.

O.C.G.A. § 45-1-2 (2019)

Actions by or against public officers who have left office

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) When an action has been commenced by or against a public officer of the state in his official capacity and such officer’s successor in office has been substituted as a party pursuant to subsection (d) of Code

PUBLIC OFFICERS & EMPLOYEES

Section 9-11-25, such action shall proceed as if no change of parties had been made, provided that it shall be within the discretion of the court to allow the successor in office such time as it may deem necessary to appear, plead, or otherwise proceed with such action. (b) This Code section shall not apply to actions against officers for damages on account of tortious acts committed by such officer under color of office, which actions survive against such officer or his personal representatives, notwithstanding the death, resignation, removal, or expiration of the term of such officer. (c) This Code section shall relate only to actions commenced by or against state officers in their official capacity and shall not relate or apply to actions commenced by or against municipal, district, or county officers.

History

(Ga. L. 1941, p. 516, §§ 2, 4, 5; Ga. L. 1990, p. 8, § 45.)

Annotations

RESEARCH REFERENCES Am. Jur. 2d. - 63C Am. Jur. 2d, Public Officers and Employees, § 400. C.J.S. - 67 C.J.S., Officers and Public Employees, §§ 356, 357. ALR. - Responsibility of public officer for negligence of subordinate in operation of vehicle, 3 ALR 149.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it, 2 ALR3d 822.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Rhymer v. Clayton Cnty. Sheriffs Off. (N.D. Ga. 2023).

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Rhymer v. Clayton Cnty. Sheriffs Off. (N.D. Ga. 2023). · cites it 2× “” O.C.G.A. § 45-1-2(c). Therefore, in total, seven of Plaintiff’s claims (Counts VI and VII and Counts IX–XIII) are subject to dismissal on the basis of futility.”

— 45-1-2(c) — 1 case

Rhymer v. Clayton Cnty. Sheriffs Off. (N.D. Ga. 2023). “” O.C.G.A. § 45-1-2(c). Therefore, in total, seven of Plaintiff’s claims (Counts VI and VII and Counts IX–XIII) are subject to dismissal on the basis of futility.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.