Youngblood v. Gwinnett Rockdale Newton Community Service Board

I concur in Divisions 1, 3, 4, and in the judgment. However, I cannot join the holding of Division 2 that OCGA § 37-2-11.1 (c) (1) is unconstitutional. The majority apparently concludes that the waiver of immunity in that statute is not sufficiently specific. To the contrary, the statute specifically provides that community service boards “shall have the same immunity as provided for counties.” OCGA § 37-2-11.1 (c) (1). The immunity of counties and the extent of waiver thereof are specifically set forth by statute, as mandated by the 1991 amendment to the Georgia Constitution of 1983, Art. I,…