IMMUNITY - GEORGIA

Ratliff v. McDonald

Court of Appeals of Georgia - March 18, 2014 - S.E.2d - 2014 WL 1013746

 Visitor to county detention facility who was assaulted by another visitor brought personal injury action against, among others, county sheriff and several of his deputies arising out of deputies’ failure to protect her from the assault. The trial court awarded summary judgment to sheriff and deputies. Visitor appealed.

The Court of Appeals held that:

  • Respondeat superior claim against sheriff was barred by sovereign immunity;
  • Any claims asserted against deputies in their official capacities were barred by sovereign immunity; and
  • Visitor failed to establish that the assault was reasonably foreseeable, and that deputies had superior knowledge of the danger, as necessary to support her premises liability claim.

 



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