"Sovereign Citizen” Top Terrorist Threat?
8/27/14
By: Michelle Youngblood
By now, most local governments at least have heard of the so-called “Sovereign Citizen” movement, even if they have not had the dubious pleasure of dealing with one of its members. The term “Sovereign Citizen” applies to …
Don't Sue The County if Your Car is Damaged by a Pothole…One Time
7/31/14
By: Coleen D. Hosack
Can you maintain suit against the county that builds and maintains your roads if your car hits a pothole and is damaged as a result? Probably not — unless your car hits that pothole more than …
Municipal Liability: Failing to Provide Inmates with Adequate Medical Attention
7/9/14
By: A. Ali Sabzevari
The Georgia Supreme Court is set to hear oral argument this September and will hopefully address and bring clarity to what the proper analysis is for determining whether a municipality is entitled to sovereign immunity for …
Historic Flood? Not the City’s Fault.
6/19/14
By: Bart Gary and Stephanie Stewart
No one in the greater Atlanta area will forget the devastating and deadly floods in September 2009, which spawned a great deal of litigation. One such case finally found its way to the Georgia …
Private University Campus Police Officers Not Entitled to Immunity Under Georgia Tort Claims Act
6/19/14
By: Wayne Melnick
On Monday, June 16, 2014, the Georgia Supreme Court ruled that police officers working for private universities in Georgia are not entitled to immunity from suit under the Georgia Tort Claims Act (“GTCA”). In Hartley v. Agnes …
Does the First Amendment Protect the Right to Videotape the Police?
6/5/14
By: Mark Begnaud
Yes, according to the First Circuit Court of Appeals.
On May 23, 2014, the First Circuit reaffirmed the right to videorecord officers performing their duties in public, and held that this right is so “clearly established” that …
Tolan v. Cotton: Protecting the Summary Judgment Standard or Improper Interference in “Factbound” Qualified Immunity Cases?
5/19/14
By: Peter Munk
On May 5, 2014, the Supreme Court issued a per curium opinion in Tolan v. Cotton in which it vacated the Fifth Circuit’s grant of summary judgment to a police officer on the basis of qualified immunity. …
Supreme Court Upholds Prayer During Local Legislative Body Meetings
5/16/14
By: Bill Buechner
Recently, the United States Supreme Court issued a 5-4 decision upholding a town’s practice of inviting a local minister to deliver an invocation at the beginning of the town’s monthly board meetings. Town of Greece, N.Y. v. …
Cell Phone Searches: The Next Battle Regarding the Fourth Amendment
4/29/14
By: Wayne S. Melnick
On Tuesday, April 29, 2014, the United States Supreme Court heard argument focused on a question that is being closely watched by many and has the potential to affect a great portion of the United States …
The Questions That “Presence” Presents
2/28/14
By: Katie Dod
The Supreme Court recently further defined when law enforcement may enter a home pursuant to the consent of one resident of the home without violating the constitutional rights of other residents. It has long been established that …
Blowing The Whistle: Georgia's Whistleblower Act Waives A County's Entitlement To Sovereign Immunity
2/6/14
By: Ali Sabzevari
The doctrine of sovereign immunity set forth in the Georgia Constitution is often asserted as a defense to state law claims against counties. But in certain circumstances, an Act of the General Assembly can operate to waive …
See Something? Say Something! Just Make Sure It’s Not Materially False.
2/5/14
By: William Ezzell
Last Tuesday, in Air Wisconsin v. Hoeper, No. 12-315, 2014 WL 27329, at *1 (U.S. Jan. 27, 2014), the U.S. Supreme Court issued an important ruling concerning the scope of immunity granted to airlines. That immunity is …