Board of Regents of the University System v. Barnes
322 Ga. App. 47
| Ga. Ct. App. | 2013Background
- Barnes sued the Board of Regents of the University System of Georgia for breach of contract related to his expulsion from VSU without notice or hearing.
- The Board asserted sovereign immunity as a defense and moved to dismiss.
- The trial court denied the motion, finding Barnes had established valid written contracts that waived immunity.
- On appeal, the court finds no valid written contract formed between Barnes and the Board.
- The trial court relied on unauthenticated, outside-record documents (a partial student code of conduct and a counseling center consent form) to infer a binding contract.
- The opinion reverses, holding sovereign immunity bars Barnes’s contract claims because there was no signed, contemporaneous contract evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a valid written contract waiving sovereign immunity? | Barnes | Board | No; no signed contemporaneous writings forming a binding contract. |
| Was the trial court correct to consider unauthenticated outside documents? | Barnes | Board | No; improper to rely on unauthenticated, non-record documents outside the pleadings. |
Key Cases Cited
- Bd. of Regents of Univ. System v. Ruff, 315 Ga. App. 452 (2012) (sovereign immunity waiver requires signed writings or combined documents with intent to contract)
- Ga. Dept. of Corrections v. James, 312 Ga. App. 190 (2011) (burden on plaintiff to prove waiver by written contract; signed contemporaneous documents needed)
- Tyson v. Bd. of Regents, 261 Ga. 368 (1991) (signed contemporaneous writings necessary for waiver of immunity)