Legal Opinion

Datz v. Brinson

Court of Appeals of Georgia

Decided April 5, 1993No. A93A0646PublishedCited by 9 opinions

1Opinion of the Court

Beasley, Judge.

Datz sued certain correction officers and officials at Hays Correctional Institute, where he was incarcerated in August 1991, alleging that their negligence allowed other inmates to steal items of personal property from his locker. The court granted defendants’ motion to dismiss for failure to state a claim,, for the reason that OCGA §§ 50-21-21 and 50-21-25 rendered defendants immune from suit, even if they were negligent.

Those statutes, part of the Georgia Tort Claims Act (“the Act”), OCGA § 50-21-20 et seq., provide that “[a] state officer or employee who commits a tort…

2Cases cited7 opinions

  1. Collins v. YoungbloodSupreme Court of the United States · 1990
  2. Martinez v. CaliforniaSupreme Court of the United States · 1980
  3. Curtis v. Board of Regents of the University System of GeorgiaSupreme Court of Georgia · 1992
  4. Collier v. WhitworthCourt of Appeals of Georgia · 1992
  5. Houston v. CavanaghCourt of Appeals of Georgia · 1991

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Mattox v. BaileyCourt of Appeals of Georgia · 1996
  2. Dalton v. VoCourt of Appeals of Georgia · 1998
  3. Howard v. BurchCourt of Appeals of Georgia · 1993
  4. Byrd v. CavenaughCourt of Appeals of Georgia · 2004
  5. Ray v. City of GriffinCourt of Appeals of Georgia · 2012

4 more not listed; retrieve them via the Exa API.

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