Agnes Scott College v. Hartley

I respectfully dissent from Division 1 of the majority’s opinion because campus policemen who are employed by private colleges and universities do not fall within the statutory definition of a State employee under the Georgia Tort Claims Act (“GTCA”), OCGA § 50-21-20 et seq.

The Georgia Constitution [as amended in 1991] provides that sovereign immunity extends to the State and all of its departments and agencies, and that the State’s sovereign immunity can only be waived by a constitutional provision or an Act of the General Assembly that specifically provides for such waiver and the extent…