Legal Opinion
Georgia Department of Human Services v. Spruill
Supreme Court of Georgia
Decided November 18, 2013No. S12G2002PublishedCited by 11 opinions
1Opinion of the Court
Blackwell, Justice.
As a general rule, the sovereign immunity of the State and its departments is waived by the Georgia Tort Claims Act for “the torts of state officers and employees . . . acting within the scope of their official duties or employment,” OCGA § 50-21-23 (a), but there are exceptions to the general rule. See OCGA § 50-21-24 (1)-(13). This *101case concerns one of these exceptions, commonly known as the “discretionary function” exception. See OCGA § 50-21-24 (2). Here, the guardians of two infant boys sued the Department of Human Services (DHS), alleging that the Clayton County…
2Cases cited24 opinions
- Stanley v. IllinoisSupreme Court of the United States · 1972
- Troxel v. GranvilleSupreme Court of the United States · 2000
- United States v. GaubertSupreme Court of the United States · 1991
- United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
- Parham v. J. R.Supreme Court of the United States · 1979
19 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Department of Transportation v. KovalcikCourt of Appeals of Georgia · 2014
- Cowart v. Georgia Department of Human ServicesCourt of Appeals of Georgia · 2017
- Greenfield v. DFS Director MilesSupreme Court of Delaware · 2019
- Carol Grant v. Georgia Forestry CommissionCourt of Appeals of Georgia · 2016
- Board of Trustees of Georgia Military College v. Rose O'DonnellCourt of Appeals of Georgia · 2019
6 more not listed; retrieve them via the Exa API.