Vertner v. Gerber

Sognier, Chief Judge.

Mitchell Vertner brought suit against Fulton County; four county employees, Robert Gerber, W. C. Austin, Al Pierce, and Carl Smithwick; and Gregory Smith, a county prison inmate, to recover damages for injuries incurred when he was attacked by Smith. The trial court granted summary judgment to the county and the four county employees on the grounds of sovereign and official immunity, and Vertner appeals that ruling with regard to the individual defendants.

The record reveals that during the relevant time period, appellee Austin was deputy warden of the Alpharetta…