BUTLER v. DOE Et Al., 328 Ga. App. 431

Butler supervised a color-guard group at the School after a color-guard function and helped students retrieve equipment.
Doe, a color-guard participant, later performed in a choral concert and then left the chorus room to change clothes.
Butler left the chorus room and joined a large audience in the gymnasium, not supervising the remaining students.
Doe was allegedly sexually assaulted by another student while unsupervised in the chorus room after Butler left.
The trial court denied Butler's summary judgment claim of official immunity, finding a ministerial duty to supervise.
The majority held that Butler's actions were discretionary, entitling him to official immunity; the dissent would affirm summary judgment on disputed facts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether supervision of students is discretionary or ministerial	Butler failed to supervise and thus breached ministerial duty	Supervision is discretionary and protected by official immunity	Discretionary; Butler entitled to immunity
Whether policy or job description converts supervision to ministerial duty	Policy mandated attendance and supervision	Policy did not convert to ministerial duty; discretion remains	Discretionary; immunity applies
Whether disputed facts preclude summary judgment on immunity	There are genuine issues about Butler's duties	Facts show discretionary judgment	Issues of material fact preclude grant of summary judgment

Chamlee v. Henry Cnty. Bd. of Educ., 239 Ga. App. 183 (1999) (concluding discretionary supervision sufficient for official immunity)
Kelly v. Lewis, 221 Ga. App. 506 (1996) (teacher's failure to supervise front-door safety held discretionary)
Perkins v. Morgan Cnty. Sch. Dist., 222 Ga. App. 831 (1996) (failure to enforce policy about attendance deemed discretionary)
Wright v. Ashe, 220 Ga. App. 91 (1996) (supervision of students generally discretionary)