Agnes Scott College v. Hartley
321 Ga. App. 74
Ga. Ct. App.2013Background
- Hartley, ASC student, was arrested in DeKalb County after an ASC student alleged Hartley assaulted her in a dorm room.
- Hartley sued ASC and three ASC campus policemen (Antinozzi, Scott, Hope) for false arrest, false imprisonment, intentional infliction of emotional distress, and punitive damages.
- Defendants moved to dismiss for lack of subject matter jurisdiction due to official immunity and for failure to state a claim; the trial court denied the motion.
- Hartley alleged the investigation and arrest were not properly corroborated and that Hartley was actually in Knoxville, TN, at the time of the alleged offense.
- Warrants were obtained and Hartley was arrested in Tennessee and extradited; charges were dropped when the time/place could not be proven.
- This Court reversed the trial court, holding campus policemen may be State officers immune under GTCA and ASC may not be vicariously liable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are campus policemen immune under the GTCA? | Hartley argues they are not immune as private employees. | Antinozzi/Scott/Hope contend they are State officers under GTCA. | Yes, immune under GTCA. |
| Is ASC vicariously liable for the campus policemen's actions? | Hartley asserts ASC is liable under respondeat superior. | ASC contends no vicarious liability if officers acted in public duties not at ASC's direction. | No vicarious liability; ASC not liable. |
Key Cases Cited
- Data Inquiry v. Dept. of Community Health, 313 Ga. App. 683 (Ga. App. 2012) (establishes de novo standard with favorable pleadings)
- Smith v. Germania of America, 249 Ga. App. 587 (Ga. App. 2001) (motion to dismiss standards for state claims)
- The Corp. of Mercer Univ. v. Barrett & Farahany, LLP, 271 Ga. App. 501 (Ga. App. 2005) (open records Act; campus police immunity context)
- Nichols v. Prather, 286 Ga. App. 889 (Ga. App. 2007) (GTCA scope; sheriffs not State officers)
- Summerlin v. Ga. Pines Community Svcs Bd., 286 Ga. 593 (Ga. 2010) (borrowed servants; GTCA immunity context)
- Currid v. DeKalb State Court Probation Dept., 285 Ga. 184 (Ga. 2009) (statutory construction; GTCA interpretation)
- Canady v. Ga. Forestry Comm., 280 Ga. 825 (Ga. 2006) (legislative intent; GTCA liability balance)