301 Ga. 408
Ga.2017Background
- In 2012 three Georgia OB-GYNs sued the Governor and 19 state officers (official capacities) seeking declaratory and injunctive relief that HB 954 (abortion-related restrictions and reporting) violated provisions of the Georgia Constitution.
- The complaint alleged violations of the Due Process (privacy), Freedom of Conscience, Inherent Rights, Equal Protection, and vagueness doctrines; plaintiffs sought to enjoin enforcement and obtain declarations of unconstitutionality.
- After initial litigation, the State defendants moved to dismiss under sovereign immunity, relying on this Court’s decision in Georgia Dept. of Natural Resources v. Center for a Sustainable Coast (Sustainable Coast) and related precedent.
- Plaintiffs argued constitutional claims (privacy, etc.) and the Judicial Review Clause waived sovereign immunity for declaratory/injunctive relief; they also argued a structural separation-of-powers problem if courts could not enjoin unconstitutional laws.
- The Supreme Court of Georgia held sovereign immunity (as constitutionally reserved) bars suits against the State, its departments, and its officers in their official capacities for injunctive or declaratory relief to redress allegedly unconstitutional official acts, and affirmed dismissal.
- The Court explained remedies remain: suits against officers in their individual capacities for prospective relief, administrative review (APA), the Tort Claims Act, mandamus, and other statutory mechanisms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sovereign immunity bars suits against the State and officers in their official capacities for injunctive relief from alleged unconstitutional acts | Lathrop: constitutional rights (e.g., privacy) imply a cause of action against the State permitting declaratory/injunctive relief | Deal: official-capacity suits are suits against the State and barred by sovereign immunity unless waived by Constitution or statute | Held: Sovereign immunity bars official-capacity suits for injunctive relief absent constitutional or statutory waiver (affirmed) |
| Whether sovereign immunity bars suits for declaratory relief challenging statutes' constitutionality | Lathrop: Judicial Review Clause and Bill of Rights implicitly allow declaratory suits against the State | Deal: Declaratory relief against the State is likewise barred absent waiver | Held: Declaratory relief against the State is barred absent waiver; Judicial Review Clause does not itself waive sovereign immunity |
| Whether constitutional provisions (e.g., Due Process right to privacy) imply a private right of action that waives sovereign immunity | Lathrop: fundamental constitutional rights imply an available judicial remedy against the State | Deal: only narrow constitutional text (e.g., Takings Clause) has been held to imply consent to suit; other guarantees do not waive immunity | Held: Other constitutional guarantees (including Due Process/privacy) do not by implication waive sovereign immunity; Takings Clause is distinguishable |
| Whether Article I, Sec. II, Par. IX(d) (official immunity) bars individual-capacity suits for prospective relief (injunctions/declaratory judgments) | Lathrop: If official immunity bars suits in individual capacities, plaintiffs would be left without redress | Deal: The 1991 amendment bars suits and judgments against officers for performance/nonperformance of official functions | Held: Par. IX(d) addresses retrospective liability (monetary damages/tort suits); it does not preclude prospective equitable relief against officers in their individual capacities |
Key Cases Cited
- Georgia Dept. of Natural Resources v. Center for a Sustainable Coast, 294 Ga. 593 (Ga. 2014) (reaffirmed that sovereign immunity bars official-capacity injunctive suits absent waiver)
- Olvera v. Univ. System of Ga. Board of Regents, 298 Ga. 425 (Ga. 2016) (held sovereign immunity extends to declaratory relief absent waiver)
- Dennison Mfg. Co. v. Wright, 156 Ga. 789 (Ga. 1923) (officer sued individually for acts without lawful authority is not protected by sovereign immunity)
- Holcombe v. Ga. Milk Producers Confederation, 188 Ga. 358 (Ga. 1939) (permitting injunctions against officers acting under allegedly unconstitutional statutes when sued in individual capacity)
- IBM Corp. v. Evans, 265 Ga. 215 (Ga. 1995) (later overruled by Sustainable Coast — had created an exception for injunctive relief)
- Bailey v. Fulton County, 111 Ga. 313 (Ga. 1900) (Due Process Clause does not by itself create a cause of action against the State)
- Marbury v. Madison, 5 U.S. 137 (U.S. 1803) (articulated judicial review: courts decide conflicts between statutes and the Constitution)