Last week, The Georgia Supreme Court cited and quoted from Georgia Law of Torts - Trial Preparation and Practice in its unanimous decision in Hartley v. Agnes Scott College (link) , authored by Justice David Nahmias. The case involved claims against the private college and three campus police officers for false arrest, false imprisonment, and intentional infliction of emotional distress. The defendants sought to have the case dismissed, arguing that the Georgia Tort Claims Act (GTCA) was applicable and provided immunity for the claims. The trial court denied the motion, but the Georgia Court of Appeals reversed, finding that the officers qualified as "state officers or employees" within the meaning of the GTCA and were therefore entitled to immunity. In last week's decision, the Supreme Court disagreed, finding that a private campus security force did not fall under the GTCA and therefore the immunity claims were without merit.
Georgia Law of Torts - Trial Preparation and Practice is published by Thomson Reuters Westlaw and authored by John Hadden and Kenneth Shigley. In support of its decision, the Supreme Court cited Chapter 17, which provides a comprehensive review and analysis of sovereign immunity issues in Georgia, including claims brought under the Georgia Tort Claims Act.