Georgia Department of Corrections v. Chatham County

Benham, Justice.

This appeal involves a dispute regarding reimbursement of Chatham County for the expense of housing state prisoners in the county’s jail. The County sued the Department of Corrections and the Board of Pardons and Paroles (hereinafter collectively “DOC”), alleging various claims and seeking a declaration that OCGA §§ 42-9-49 and 42-5-51 (c), the statutory provisions controlling reimbursement, are unconstitutional. The trial court dismissed the complaint as to all issues except the constitutional challenges to the statutes. After cross-motions for summary judgments regarding…