Cowart v. Georgia Department of Human Services
340 Ga. App. 183
Ga. Ct. App.2017Background
- One-year-old J.C. died after months in the care of his mother; prior reports alleged the mother used methamphetamine and J.C. was in imminent danger.
- J.C.’s uncle reported the danger and provided the mother’s location to a Bartow County DFCS case manager in August 2013.
- Cowart (administratrix of J.C.’s estate) sued DHS alleging the DFCS case manager failed to investigate as required by DFCS policy, asserting claims for negligence, wrongful death, and an Open Records Act violation.
- DHS moved to dismiss based on sovereign immunity exceptions: assault-and-battery (for injuries caused by third-party criminal acts) and the discretionary-function exception.
- Cowart amended her complaint to replace allegations of intentional torture by third parties with allegations of negligence and neglect by J.C.’s mother and her boyfriend; Cowart does not challenge dismissal of assault-and-battery claims.
- The trial court dismissed negligence/neglect claims under the discretionary-function exception; the Court of Appeals affirmed dismissal as to assault-and-battery but reversed dismissal under the discretionary-function exception as to negligence on the existing record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sovereign immunity bars negligence claims against DHS under the discretionary-function exception | Cowart: DFCS policy required investigation; case manager had a ministerial duty and thus no discretionary immunity | DHS: Case manager’s conduct involved discretionary policy judgments protected by the discretionary-function exception | Reversed in part — on the record, court cannot conclude the case manager had discretion to do nothing; dismissal under discretionary-function exception was error |
| Whether sovereign immunity bars claims for losses resulting from assault and battery | Cowart: (did not appeal) | DHS: OCGA § 50-21-24(7) bars recovery when injuries caused by third-party assault/battery | Affirmed — assault-and-battery exception bars recovery for injuries resulting from third-party battery |
Key Cases Cited
- Pelham v. Bd. of Regents of Univ. System of Ga., 321 Ga. App. 791 (discusses assault-and-battery exception and waiver burden)
- Ga. Dept. of Human Svcs. v. Spruill, 294 Ga. 100 (explains requirement that discretionary act involve policy judgment based on social, political, or economic factors)
- Grant v. Ga. Forestry Comm., 338 Ga. App. 146 (discretionary-function analysis and limits on dismissal without factual record)
- James v. Ga. Dept. of Pub. Safety, 337 Ga. App. 864 (pleading standard when reviewing dismissal on sovereign immunity grounds)
- McCoy v. Ga. Dept. of Admin. Svcs., 326 Ga. App. 853 (treating factual allegations as true where trial court made no jurisdictional factual findings)
- Georgia-Pacific, LLC v. Fields, 293 Ga. 499 (amendments prevent original pleadings from serving as binding admissions in judicio)
- Citrus Tower Boulevard Imaging Ctr., LLC v. Owens, 325 Ga. App. 1 (distinguishes factual admissions from legal conclusions)