Prison Health Services, Inc. v. Mitchell

POPE, Presiding Judge.

The sole issue in this case is whether a plaintiff can file a renewal action in a Georgia court under OCGA § 9-2-61 within six months following the dismissal of claims in a prior federal action, without first paying the litigation expenses submitted by a defendant in a bill of costs to the federal district court. We hold that the payment of such expenses is not a prerequisite to the filing of a renewal action in this state.

The litigation in this case arose after Alfonso Roberson died in October 1997 while in custody at the Chatham County jail. His parents, Nash Mitchell…