318 Ga. 48
Ga.2024Background
- Pro se plaintiffs in two separate suits (Lovell in Columbia County and Tullos/McFaddin in Morgan County) sought declaratory and injunctive relief against the Georgia Secretary of State and local election boards/members.
- Plaintiffs challenged actions related to elections, naming specific officials and boards as defendants rather than the State of Georgia or relevant counties.
- Both superior courts dismissed the actions, finding they violated sovereign immunity requirements under Article I, Section II, Paragraph V of the Georgia Constitution ("Paragraph V").
- The cases were consolidated on appeal to the Georgia Supreme Court.
- Appellants relied partially on Paragraph V’s waiver of sovereign immunity but failed to comply with its specific procedural requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether claims for declaratory/injunctive relief against state/local officials bypass sovereign immunity if not named exclusively against the State/county | Waiver of sovereign immunity under Paragraph V allows action against state actors/officers | Sovereign immunity not waived; suits must be strictly against State of Georgia or county, in proper name | Dismissed; actions must be exclusively against (and in the name of) State or local government |
| Whether suing state/local officials in their official capacity satisfies Paragraph V requirements | Suing officials in official capacity equals suing the State/county | Paragraph V text requires exclusive suits in the name of State/county, not officials | Dismissed; naming officials is insufficient |
| Whether partial reliance on Paragraph V’s waiver taints entire complaint if procedural requirements unmet | Claims can proceed if some properly invoke waiver | Noncompliance with Paragraph V dismisses entire action | Dismissed; noncompliance is fatal |
| Proper party to be named for sovereign immunity waiver under Georgia law | State actors/officers acceptable | Only State of Georgia or proper government entity allowed | Only State/county can be defendant in name |
Key Cases Cited
- State v. SASS Grp., LLC, 315 Ga. 893 (limits and procedural specifics of sovereign immunity waiver under Ga. Const. art. I, § II, para. V)
- Kuhlman v. State, 317 Ga. 232 (clarifies requirement for strict compliance with Paragraph V to obtain waiver)
- Lathrop v. Deal, 301 Ga. 408 (explains the doctrine of sovereign immunity applies to officials sued in official capacity)
- Camden County v. Sweatt, 315 Ga. 498 (addresses constitutional text interpretation methods)
- McBrayer v. Scarbrough, 317 Ga. 387 (discusses official capacity suits as suits against the government entity)