Legal Opinion

Herndon v. Mosley

Court of Appeals of Georgia

Decided September 19, 2002No. A02A1510PublishedCited by 1 opinion

1Opinion of the Court

Miller, Judge.

A fifteen-year-old student injured when two correctional officers restrained him during his class’s visit to a prison sued those officers individually. Finding undisputed evidence that the officers were acting within the scope of their official state duties, the trial court granted the officers’ motion for summary judgment. The student appeals, claiming that the abusive and malicious nature of the officers’ actions stripped away any immunity protection. We affirm on the ground that where a state officer is performing his official state duties, OCGA § 50-21-25 (a) immunizes those…

2Cases cited5 opinions

  1. Ridley v. JohnsSupreme Court of Georgia · 2001
  2. Mattox v. BaileyCourt of Appeals of Georgia · 1996
  3. Hardin v. PhillipsCourt of Appeals of Georgia · 2001
  4. McGee v. StateCourt of Appeals of Georgia · 1997
  5. Brooks v. BarryCourt of Appeals of Georgia · 1996

3Cited by1 opinion

  1. Rudd v. PadenCourt of Appeals of Georgia · 2006

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