Massey v. Roth

Barnes, Chief Judge.

Marguerite Massey and Wesley J. Kolar appeal the denial of their motion to dismiss an invasion of privacy claim brought against them by Stella M. Roth, contending that, as state employees who were acting within the scope of their employment, these claims are barred by the Georgia Tort Claims Act and sovereign immunity. We agree, and therefore reverse.

The defendant has the burden of proving facts necessary to support a judgment of dismissal on jurisdictional grounds, and the trial court makes the determination as the trier of fact. We review the ruling de novo. Tootle v.…