Miller v. Department of Public Safety

Andrews, Judge.

Miller sued the Georgia Department of Public Safety (DPS) alleging that a Georgia State Patrol officer employed in the Uniform Division of the DPS used excessive force amounting to an unprovoked assault and battery upon his person while the officer was arresting him for a motor vehicle violation. In his complaint, Miller alleged causes of action under 42 USC § 1983 and under the Georgia Tort Claims Act (OCGA § 50-21-20 et seq.). The DPS answered and moved for dismissal of the complaint contending it was not subject to suit under 42 USC § 1983 and that it was entitled to the…