Smith v. Lott
317 Ga. App. 37
Ga. Ct. App.2012Background
- Shirley Smith, former finance director of Albany, was terminated and sued City Manager Lott in his personal capacity for defamation, IIED, and tortious interference.
- Trial court granted summary judgment finding Lott protected by official (qualified) immunity.
- Appeal contends some statements were made with actual malice and outside the scope of Lott’s duties, defeating immunity.
- Court reviews de novo whether any genuine material fact supports liability when summary judgment was granted.
- Court assumes, for argument, Smith’s accountability and Lott’s discretion in disciplinary matters, and proceeds to analyze the statements at issue.
- Court ultimately holds Lott is entitled to official immunity for all challenged statements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lott is entitled to official immunity for all statements | Smith argues some statements were outside scope or made with actual malice | Lott acted within discretionary duties; statements were within scope or not malice-based | Yes; Lott entitled to official immunity for all statements |
| Whether any statements were made with actual malice to defeat immunity | Some statements show deliberate malice toward Smith | Actual malice under Georgia law requires deliberate intent to do wrong, not First Amendment standard | No; no evidence of deliberate intent to harm beyond reasoned conclusion |
| Whether statements published in media or to Open Records Act request defeat immunity | Public statements/publications outside official duties negate immunity | No publication by others; some statements were within scope and properly publicized as part of duties | No; immunity remains for these statements |
Key Cases Cited
- Cameron v. Lang, 274 Ga. 122 (Ga. 2001) (immunity applied to official acts of city mayor)
- Murphy v. Bajjani, 282 Ga. 197 (Ga. 2007) (official immunity for acts within duties; state law claims barred)
- Purvis v. Ballantine, 226 Ga. App. 246 (Ga. App. 1997) (discretionary acts require deliberation and judgment; immunity applies)
- Cartwright v. Wilbanks, 247 Ga. App. 187 (Ga. App. 2000) (Open Records Act context; publication considerations under immunity)
- Lowry v. Norris Lake Shores Dev. Corp., 231 Ga. 547 (Ga. 1974) (summary judgment record completeness; assumption of correctness of trial court findings)
- Sapp v. Canal Ins. Co., 288 Ga. 681 (Ga. 2011) (transcript not always required where record shows evidence; standard for appellate review on summary judgment)