328 Ga. App. 473
Ga. Ct. App.2014Background
- Georgia Supreme Court reversed part of our Greenway v. Northside Hosp. and adopted the Supreme Court’s opinion on official immunity.
- Remand directed us to consider whether Deputy Roper acted with actual malice or intent to injure.
- Constitutional standard: officials may be liable for actual malice or actual intent to cause injury in performance of official functions.
- Actual malice requires deliberate intent to do wrong, beyond mere reckless disregard.
- Evidence shows Deputy Roper allegedly misrepresented his affiliation, failed to correct medical statements, refused to read a release, and pressured Greenway to sign while under medication.
- Viewed in Greenway’s favor, the record could permit a jury to find malice or intent to injure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a genuine issue of material fact on actual malice? | Greenway argues Roper acted with malice to injure. | Roper contends no actual malice shown beyond irritation. | Yes; genuine issue of malice exists. |
| Does the evidence show deliberate intent to do wrong to defeat immunity? | Greenway alleges coercion and fraud to sign away rights. | Roper’s acts do not prove deliberate wrongdoing. | Yes; evidence could establish deliberate intent to do wrong. |
Key Cases Cited
- Roper v. Greenway, 294 Ga. 112 (Ga. 2013) (reversed Division 1(a); remanded on malice issue)
- Greenway v. Northside Hosp., 317 Ga. App. 371 (Ga. App. 2012) (division vacated; related on immunity analysis)
- Phillips v. Hanse, 281 Ga. 133 (Ga. 2006) (defines actual malice as malice in fact)
- Murphy v. Bajjani, 282 Ga. 197 (Ga. 2007) (deliberate intention to do wrong required for actual malice)
- Barnard v. Turner County, 306 Ga. App. 235 (Ga. App. 2010) (supports interpretation of malice standard)
- Tittle v. Corso, 256 Ga. App. 850 (Ga. App. 2002) (frustration/anger alone not enough to pierce immunity)