County or Sheriff? Georgia Supreme Court Ruling Provides Clarity in Presentment Dispute | Daily Report

















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NEWS

“[B]ringing claims against the appropriate government officials in their official capacities was a recognized way to proceed against a governmental entity—be it the State or one of its counties,” read the high court opinion.

January 18, 2024 at 11:18 AM

7 minute read

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What You Need to Know

  • Supreme Court of Georgia clarifies statutory framework used to distinguish sheriff’s office employees from counties.
  • Justices rule claims against a county sheriff for the purported negligent use of a county-owned motor vehicle are claims against counties under state law.
  • High court remands dismissal of personal injury dispute brought against Clayton County, sheriff and deputy sheriff for reconsideration.

The Supreme Court of Georgia has clarified the statutory framework used to distinguish sheriff’s office employees from counties.

According to a high court decision issued on Jan. 17, claims against a county sheriff for the purported negligent use of a county-owned motor vehicle are claims against counties under state law.

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