ASHLEY WILSON v. CHRISTINE ANDERSON
A24A1331
| Ga. Ct. App. | Mar 10, 2025Background
- Ashley Wilson sued the principal and vice principals of her daughter's school after her daughter, A.L., was stabbed by another student, C.S., who had threatened her with a knife on two consecutive days.
- School Resource Officers reported C.S.'s threats and possession of a knife to the school administration, but Wilson alleges no investigation was conducted.
- Wilson filed suit alleging negligence based on the administrators’ failure to act despite the schools' anti-bullying policy.
- The administrators moved to dismiss, claiming official immunity protected them for discretionary acts; the trial court granted the dismissal.
- Wilson appealed, asserting the administrators’ failure to investigate was a breach of a ministerial duty under school policy.
- The appellate court accepted Wilson’s factual allegations as true due to the procedural posture (motion to dismiss, not summary judgment).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether administrators were entitled to official immunity for failing to investigate bullying | Administrators’ failure to investigate after mandatory reports was a breach of a clear, ministerial duty under school policy | The duty was discretionary, giving administrators judgment as to whether and how to investigate | Not entitled to immunity; failure to initiate any investigation after report violated ministerial duty |
| Constitutionality of OCGA § 20-2-1000(b) | Statute is unconstitutional and cannot bar liability | Statute bars liability for educators | Not decided; trial court did not rule, so appellate court declined to address |
Key Cases Cited
- Grammens v. Dollar, 287 Ga. 618 (2010) (distinguishes discretionary and ministerial acts of public officials)
- Wanless v. Tatum, 244 Ga. App. 882 (2000) (following established policy is a ministerial act even when method is discretionary)
- Bd. of Regents of Univ. System of Ga. v. Brooks, 324 Ga. App. 15 (2013) (motion to dismiss on immunity considers plaintiff's allegations true)
- Wyno v. Lowndes County, 305 Ga. 523 (2019) (ministerial duty can be created by policy or statute)