Eshleman v. Key
326 Ga. App. 883
Ga. Ct. App.2014Background
- 11-year-old Chandler Key was bitten by Andor, a police canine, while on the neighbor’s yard.
- Andor was owned by the DeKalb County Police Department and assigned to Officer Lynn Eshleman, a department canine handler.
- Key, on behalf of himself and his father, sued Eshleman for negligence alleging failure to secure the canine.
- Eshleman answered and asserted official immunity as a defense to liability.
- Eshleman admitted the kennel door was not securely closed and Andor escaped the truck and bit Key.
- The trial court denied Eshleman’s summary judgment motion; the court of appeals affirmed, addressing whether official immunity barred liability and whether the restraint act was discretionary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Eshleman is entitled to official immunity for the alleged negligent restraint | Key argues immunity does not apply to breach of a ministerial duty | Eshleman contends the restraint act was discretionary within official authority | Not entitled; act was not discretionary; summary judgment denied |
| Whether the act of restraining the canine was discretionary for purposes of official immunity | Facts show the restraint was ministerial and not discretionary | Actions taken while caring for the canine were within official authority and discretionary | Restraint was ministerial, not discretionary; immunity not established on this act |
| Whether the denial of summary judgment was proper given disputed facts | Evidence shows no genuine issue of material fact against immunity | Disputed facts about care and maintenance raise issues for jury | Judgment affirmed; issue for jury if facts render discretionary immunity applicable |
Key Cases Cited
- Howell v. Willis, 317 Ga. App. 199 (2012) (official immunity framework in Georgia)
- Taylor v. Campbell, 320 Ga. App. 362 (2013) (immunity threshold treatment and prior authorities)
- Roper v. Greenway, 294 Ga. 112 (2013) (distinguishing ministerial vs discretionary acts)
- Cameron v. Lang, 274 Ga. 122 (2001) (immunity as entitlement not to stand trial)
- Pearce v. Shanks, 153 Ga. App. 693 (1980) (evidentiary standards for cataloging cited authorities)