Local Government
O’Neal, Jacob Stalvey, Britt, Russell A., King, Dana A., Herzog, Jennifer Dorminey, Kinsley, Nicholas A. & Walker, M. Blake
Abstract
Last year’s survey showed that the appellate courts in Georgia were reluctant to rule that a public official had violated a ministerial duty and thus were willing to hold that public officials were entitled to official immunity. This year, however, at least one case showed a swing in the other direction, with the Court of Appeals of Georgia holding that official immunity can be overcome, despite the existence of some discretionary language in a policy.