330 Ga. App. 575
Ga. Ct. App.2015Background
- Plaintiff Hartley sued Agnes Scott College (ASC) and three campus police officers alleging torts committed by the officers while employed by ASC.
- The Court of Appeals in Hartley I reversed the trial court’s denial of defendants’ motion to dismiss on GTCA immunity grounds and also reversed denial of ASC’s motion to dismiss respondeat superior claims.
- The Supreme Court of Georgia (Hartley II) reversed Division 1 of Hartley I, holding the campus officers were not state officers/employees under the GTCA and thus not entitled to GTCA immunity; it left Division 2 (respondeat superior) unaddressed.
- On remand, the Court of Appeals vacated its prior Division 1 and adopted the Supreme Court’s ruling that the officers were not state actors for GTCA purposes.
- The Court of Appeals then considered whether its earlier holding on respondeat superior was consistent with the Supreme Court’s decision and concluded ASC had not shown Hartley could not possibly prove the officers acted under ASC’s direction; the trial court’s denial of ASC’s motion to dismiss respondeat superior claim was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether campus officers are entitled to GTCA immunity as state officers | Officers acted under state law enforcement powers; thus GTCA applies | Officers were employed and directed by ASC, not a state entity; GTCA does not apply | Supreme Court held officers were not state officers; GTCA immunity unavailable |
| Whether ASC can be held vicariously liable (respondeat superior) for officers' torts | Hartley: complaint alleges officers acted in scope of employment with ASC, so ASC can be liable | ASC: officers were performing public/state duties independent of ASC, so ASC not liable | Court of Appeals (on remand): complaint could support a finding officers acted under ASC's direction; denial of dismissal affirmed |
Key Cases Cited
- Hartley v. Agnes Scott College, 295 Ga. 458 (759 S.E.2d 857) (Sup. Ct. Ga.) (Supreme Court holding officers were not state officers for GTCA immunity)
- Agnes Scott College v. Hartley, 321 Ga. App. 74 (741 S.E.2d 199) (Ct. App.) (original Court of Appeals opinion reversed in part)
- Shadix v. Carroll County, 274 Ga. 560 (554 S.E.2d 465) (Ga.) (standards for remand when Supreme Court addresses only part of an appellate opinion)
- Liberty County School Dist. v. Halliburton, 328 Ga. App. 422 (762 S.E.2d 138) (Ct. App.) (motion to dismiss standard)