Legal Opinion

McDowell v. Smith

Supreme Court of Georgia

Decided June 29, 2009No. S08G1967PublishedCited by 45 opinions

1Opinion of the Court

Carley, Justice.

Antuan Smith filed a complaint alleging, among other things, that school receptionist Stacey McDowell is liable for negligently releasing Ms. Smith’s first-grade daughter to the girl’s noncustodial father. The trial court granted Ms. McDowell’s motion for summary judgment, finding that her discretionary actions in releasing the child to the father are protected by official immunity. The Court of Appeals reversed the grant of summary judgment, finding that Ms. McDowell’s acts were ministerial, and thus not within the scope of official immunity. Smith v. McDowell, 292 Ga. App.…

2Cases cited7 opinions

  1. Cameron v. LangSupreme Court of Georgia · 2001
  2. Murphy v. BajjaniSupreme Court of Georgia · 2007
  3. Merlino v. City of AtlantaSupreme Court of Georgia · 2008
  4. Balmer v. Elan Corp.Supreme Court of Georgia · 2004
  5. Payne v. Twiggs County School DistrictCourt of Appeals of Georgia · 1998

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3Cited by45 opinions

  1. Nilesh S. Patel v. James SmithCourt of Appeals for the Eleventh Circuit · 2020
  2. Grammens v. DollarSupreme Court of Georgia · 2010
  3. City of Atlanta v. MitchamSupreme Court of Georgia · 2015
  4. Roper v. GreenwaySupreme Court of Georgia · 2013
  5. Hicks v. McGeeSupreme Court of Georgia · 2011

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

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