Firing a School Cannon Provides Potential Liability
5/4/16
By: Wayne Melnick
Georgia law is traditionally favorable to educators when state law claims are brought against them in their individual capacities. If the educator can show their actions were taken as part of a discretionary and not ministerial duty, …
Second Amendment Right to Bear Arms Includes Stun Guns
4/7/16
By: M. Michelle Youngblood
Picture it: a mother of two gets off work and walks outside to find her violent ex-boyfriend, against whom she has obtained several restraining orders, waiting on her. He begins screaming at her, threatening her. …
Supreme Court of Georgia Eliminates Direct Appeals from Denials of Immunity at Motion to Dismiss Stage
3/28/16
By: Andy Treese
Since 2009, government defendants in Georgia state courts have been authorized to directly appeal from denials of immunity-based motions to dismiss. The underlying premise has been that such rulings, though not “final orders,” fell within a narrow …
11th Circuit: Exclusionary Rule is Inapplicable to Malicious Prosecution Claims
3/8/16
By: Kevin Stone and Andy Treese
The Eleventh Circuit Court of Appeals recently published an opinion in which it held that the exclusionary rule cannot be used against police officers in a civil suit.
In Black v. Wigington, 15-10848, 2016 …
Can You Hear (or See) Me Now? No, and that May Constitute Spoliation
2/24/16
By: Andy Treese
The Georgia Court of Appeals recently held that a municipality may be subject to sanctions for failure to preserve audio recordings of a police pursuit when the recordings were destroyed in the ordinary course of business before …
It is All a Matter of Perspective in “Takings” Jurisprudence
2/18/16
By: Coleen Hosack
Imagine having title for decades to prime undeveloped lake-front property that is buildable in all respects, but the land use ordinance forbids building on it and “Takings” law says the government does not have to compensate you …
A Case of Mistaken (Political) Identity: Can Government Employers Punish Workers for Their Unexercised First Amendment Rights?
2/4/16
By: Wes Jackson
Does the First Amendment protect citizens’ speech and association, or does it prohibit the government’s retaliation to such conduct? At first glance, these goals would appear to be two sides of the same coin—citizens’ free speech is …
Arbitration Agreements Cannot Change the Rules for Judicial Review of a Final Award
11/18/15
By: Bart Gary
Agreements to arbitrate are now uniformly enforceable throughout the country. While some states have shown reluctance to enforce arbitration agreements because they are seen as ousting the courts of jurisdictions, an agreement that evidences commerce among the …
U.S. Supreme Court Reverses Fifth Circuit on Whether Officer is Entitled to Qualified Immunity
11/16/15
By: Coleen Hosack
On November 9, 2015, the Supreme Court reversed the Fifth Circuit’s decision to uphold a district court ruling denying summary judgment to Texas Department of Public Safety Trooper Chadrin Mullenix, the sole issue being whether Mullenix was …
Homeland Security Alert for Georgia Local Governments: Don't Miss End of Year Deadlines
11/12/15
By: Coleen Hosack
I. Public Benefits Report pursuant to O.C.G.A. § 50-36-4 and Immigration Compliance Reports pursuant to O.C.G.A. §§ 36-60-6(e) & 13-10-91(7)(A)
An annual immigration compliance report to the Department of Audits and Accounts (http://www.audits.ga.gov/) is due …
FMG Government Practice Section Obtains Summary Judgment in First-Of-Its-Kind Case in Eleventh Circuit Obtaining Qualified Immunity for Officers Accused of Burning a Woman with a Flash Bang Device
10/14/15
By: Wayne Melnick
In a truly team effort, Freeman Mathis & Gary partners Wayne S. Melnick and Brian R. Dempsey, along with of counsel Chuck Reed and associate Ali Sabzevari, won summary judgment in a first-of-its-kind case in …
Off-Duty Police Officer Immune from Excessive Force Claim
10/2/15
By: Brian Dempsey
In a recent opinion, the Georgia Court of Appeals granted official immunity to an off-duty police officer, Jose Vidal, who was providing security at an IHOP restaurant when he arrested a patron and allegedly used excessive force. …