Hartley v. Agnes Scott College
295 Ga. 458
Ga.2014Background
- Hartley sued Agnes Scott College and three campus police officers for false arrest, false imprisonment, and intentional infliction of emotional distress.
- Disputed issue: whether private campus police acting on behalf of a private college fall within GTCA immunity as state officers or employees.
- Hartley alleged the officers acted within the scope of their college employment when torts occurred.
- GTCA immunity requires acting for a specific state government entity, not just licensure or training under state acts.
- Georgia Supreme Court reversed the Court of Appeals, holding Agnes Scott officers were not acting for a state government entity and thus not immune under GTCA.
- Constitutional official immunity argument reserved for potential future proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Agnes Scott campus police are state officers or employees under GTCA | Hartley argues they are state officers or employees | Agnes Scott officers are private-entity employees, not state personnel | No; not acting for a state government entity |
| If not GTCA, can the officers rely on official immunity | Hartley seeks constitutional immunity | Constitutional immunity not clearly established for these actors | Not decided; not raised below; no ruling on official immunity |
| Is GTCA immunity triggered by POST certification or by campus policing authority | Certification would not alone make them state officers | Certification and oversight are insufficient to render them state officers | No, not state officers under GTCA without acting for a state entity |
| Does GTCA require substituting a state government entity for the officer | Plaintiff can name the officer; substitute entity not required | GTCA requires a state entity to be sued in place of officer | GTCA requires action against the state government entity, not the private college officer |
Key Cases Cited
- Shekhawat v. Jones, 293 Ga. 468 (2013) (GTCA immunity hinges on acting for a state entity)
- Hendry v. Hendry, 292 Ga. 1 (2012) (Statutory context; interpretation of related provisions)
- Mercer Univ v. Barrett & Farahany, LLP, 271 Ga. App. 501 (2005) (Campus police context; open records/authority discussion)
- DeLoach v. Elliott, 298 Ga. 319 (2011) (GTCA framework and sovereign immunity scope)
- Nichols v. Prather, 286 Ga. App. 889 (2007) (LICENSING oversight; GTCA applicability)