Colon v. Fulton County
294 Ga. 93
| Ga. | 2013Background
- Colon and Warren sued Fulton County under OCGA § 45-1-4 for retaliation after they disclosed violations and refused to cover up wrongdoing.
- County moved to dismiss arguing sovereign immunity and that § 45-1-4 (d) claims require relation to a state-funded program or operation.
- Trial court denied the motions; Court of Appeals held § 45-1-4 creates an express waiver but remanded on whether claims relate to state-funded programs.
- Supreme Court granted certiorari to resolve (i) whether § 45-1-4 waives immunity and (ii) how (b) and (d) interact.
- Court split: affirmed waiver of immunity (S12G1911, S12G1912) but reversed Court of Appeals on the reading of (b) and (d) in S12G1905.
- Court held that the statute’s plain language does not require retaliation claims to be tied to state-funded programs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does OCGA § 45-1-4 waive sovereign immunity for retaliation claims? | § 45-1-4 creates an express waiver to recover damages. | Immunity may limit claims unless explicitly tied to authorized provisions. | Yes, the statute creates a specific waiver. |
| Should subsections (b) and (d) be read together to limit retaliation claims to state-funded programs? | Read together to show only state-funded programs are protected. | Subsections (b) and (d) operate independently; retaliation protection not tied to state funds. | No; read separately, (b) does not limit (d); Court erred in grafting (b) onto (d). |
Key Cases Cited
- City of Atlanta v. Gilmere, 252 Ga. 406 (1984) (implied waivers of governmental immunity not favored; but express waivers may exist)
- Sawnee Elec. Membership Corp. v. Ga. Dept. of Revenue, 279 Ga. 22 (2005) (statutory waivers need not use magic words)
- City of Atlanta v. Barnes, 276 Ga. 449 (2003) (right to tax refunds as express waiver and extent of waiver)
- Chatman v. Findley, 274 Ga. 54 (2001) (interpretation to avoid rendering statutory provisions meaningless)
- Williamson v. Dept. of Human Resources, 258 Ga. App. 113 (2002) (separation of powers; courts cannot rewrite statutes)
- Forrester v. Ga. Dept. of Human Svcs., 308 Ga. App. 716 (2003) (OCGA § 45-1-4 covers complaints of abuse, fraud, and waste in context of investigations)
- Six Flags over Ga. II, L.P. v. Kull, 276 Ga. 210 (2003) (statutory construction; avoid surplusage; effectuate legislative intent)
- Fair v. State, 288 Ga. 244 (2010) (language of statute construed in light of legislative intent)
- State v. Fielden, 280 Ga. 444 (2006) (cannot rewrite statutes; follow plain meaning)