Pearce v. Tucker, 299 Ga. 224

Background

Christopher Pearce, who suffered from major depressive disorder, arrived at his pastor’s home with a pistol; officers Tucker and Tomlinson responded and removed the firearm, handcuffed Pearce, and transported him to the Glynn County PD holding cell.
Department Policy 22.16.3(E) required officers to complete a "Holding Cell Medical Information" screening form (inquiring into health, medications, behavior/mental status, and body injuries) before placing detainees in a holding cell.
Tucker had Pearce remove shoes, belt, tie, and pocket contents but did not complete the screening form and did not remove Pearce’s socks. About 15–20 minutes after placement in the cell, Pearce hanged himself with his socks.
Appellant (Tammy Pearce) sued Tucker for wrongful death, alleging negligence for failing to have Pearce remove socks and for failing to perform/record a medical screening.
The trial court denied Tucker’s summary-judgment motion; the Court of Appeals reversed on proximate-cause/suicide intervening-cause grounds. The Georgia Supreme Court granted certiorari.
The Supreme Court held Tucker entitled to qualified (official) immunity because the asserted duty to conduct a "medical screening" (as distinct from filling out the form) was discretionary, and thus affirmed the Court of Appeals’ reversal on any correct-ground rule.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Tucker is protected by qualified immunity for failing to conduct/record a medical screening	Pearce: Policy imposed a ministerial duty to initiate a medical screening (distinct from simply filling the form); failure to initiate is non‑discretionary so no immunity	Tucker: Any screening obligation was discretionary in method; completing the form (ministerial) was the only definite duty, and he is immune for discretionary acts	Held: Qualified immunity applies — the duty as framed by plaintiff (conducting a medical screening that would reveal suicidality) is discretionary; immunity shields Tucker
Whether failure to complete the medical screening form (ministerial) precludes immunity	Pearce: Form obligation is ministerial; failure to complete it removes immunity	Tucker: He is immune or, alternatively, any incomplete form did not proximately cause death	Held: Court did not decide form-based liability because plaintiff abandoned claim that completing the form would have prevented death; decision rests on immunity for the broader screening claim
Whether suicide was an unforeseeable intervening cause absolving Tucker	Pearce: Screening omission could have prevented suicide, so not unforeseeable	Tucker: Suicide was an intervening, unforeseeable act breaking causation	Held: Court affirmed Court of Appeals’ judgment (on immunity ground); Court of Appeals had held suicide was unforeseeable but Supreme Court resolved case on immunity and did not reach broad suicide‑causation rule
Whether department policy creates a non‑discretionary, enforceable ministerial duty separate from the form	Pearce: Policy mandates inquiry — a ministerial duty to launch screening regardless of form completion	Tucker: Policy prescribes what to record but not how to conduct screening; the substantive screening is discretionary	Held: Court: policy does not specify method; plaintiff’s framing made screening discretionary; duty as argued is discretionary so immunity applies

Key Cases Cited

Cameron v. Lang, 274 Ga. 122 (sets standard for official/qualified immunity)
Grammens v. Dollar, 287 Ga. 618 (distinguishing ministerial vs. discretionary duties)
Murphy v. Bajjani, 282 Ga. 197 (definition and test for ministerial/discretionary acts)
McDowell v. Smith, 285 Ga. 592 (case‑by‑case character of duty analysis)
Golden v. Vickery, 285 Ga. App. 216 (focus on specific act’s character)
Meagher v. Quick, 264 Ga. App. 639 (example where written duty was ministerial)
Precise v. City of Rossville, 261 Ga. 210 (right‑for‑any‑reason affirmance principle)
Donaldson v. Dept. of Transp., 262 Ga. 49 (distinguishing official‑capacity suits and sovereign immunity)
Harvey v. Nichols, 260 Ga. App. 187 (prior prisoner‑suicide precedent)
Happoldt v. Kutscher, 256 Ga. App. 96 (ministerial duty defeats official immunity when unperformed)