Limits on Use of Vehicle Sovereign Immunity Waiver
Officer Lorne Alston (“Alston”), employed by the City of Roswell (“City”) Police Department, was driving his patrol car when he learned...
Opinion Makes Clear the Need to Address Federal and State Immunities in Dispositive Motions
In Weeks v. Grady, Civil Action 1:18-CV-01373-SDG (N.D. Ga. 7-8-2022), the defendant deputy appealed a report and recommendation...
History of Unrelated Complaints Insufficient to Support Section 1983 Liability
In 2019, Audrey Malone (“Malone”) filed a pro se 42 U.S.C. § 1983 action against the City of Atlanta, Georgia (“City”). In her action,...
Discovery May Be Required to Determine Whether Duty is Ministerial or Discretionary
For purposes of qualified/official immunity, a plaintiff may have the right to perform at least limited discovery to determine whether a...
School Employees Shielded by Official Immunity When Sued Over School Parking Permits
On May 10, 2017, high school student Lily Price was standing in the school parking lot waiting for a ride when fellow student Bryce...