Eshleman v. Key
297 Ga. 364
Ga.2015Background
- Lynn Eshleman, a DeKalb County police officer and K-9 handler, kept her police dog Andor at her private home when off-duty.
- Andor escaped from a portable kennel at Eshleman’s home after the kennel door was apparently unsecured and attacked Benjamin Key’s 11-year-old son, causing serious arm injuries.
- Key sued Eshleman for failing to restrain the dog; Eshleman moved for summary judgment asserting official immunity.
- The trial court denied summary judgment; the Court of Appeals affirmed. The Supreme Court of Georgia granted certiorari.
- The central legal question was whether Eshleman’s duty to restrain a dangerous animal was ministerial (no immunity) or discretionary (official immunity).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Eshleman is entitled to official immunity for alleged failure to restrain her police dog | Key: OCGA § 51-2-7 and Walton County ordinances impose an absolute, ministerial duty to keep a dangerous animal restrained; thus no immunity | Eshleman: as officer responsible for a police dog she performed an official function, but the restraint duty requires judgment about reasonable measures and is discretionary, so official immunity applies | Held: Official immunity applies. The duty created by the statute and ordinances is discretionary (requires personal deliberation and judgment), not ministerial, so summary judgment should have been granted. |
Key Cases Cited
- Roper v. Greenway, 294 Ga. 112 (2013) (general rule: county law enforcement officers entitled to official immunity)
- Cameron v. Lang, 274 Ga. 122 (2001) (high-speed pursuit is discretionary—official immunity applies)
- Gilbert v. Richardson, 264 Ga. 744 (1994) (constitutional basis and application of official immunity to county officers)
- Murphy v. Bajjani, 282 Ga. 197 (2007) (distinguishing ministerial vs. discretionary duties—statute requiring action still discretionary when it demands judgment)
- Grammens v. Dollar, 287 Ga. 618 (2010) (policy that requires discretion does not create ministerial duty)
- Logan v. Hope, 139 Ga. 589 (1913) (keeper of vicious animals liable for lack of ordinary care; historical recognition that duty is negligence-based)