Taylor v. Campbell
320 Ga. App. 362
| Ga. Ct. App. | 2013Background
- Raquel Campbell sued Sergeant Ramone Taylor in a slip-and-fall suit after allegedly slipping on a puddle outside an elevator at a DeKalb County jail.
- Taylor supervised 4–6 detention officers who oversaw an inmate work crew responsible for floor cleaning and maintenance; he did not personally perform the floor work.
- Taylor asserted official (qualified) immunity, arguing he was performing discretionary functions when Campbell was injured.
- The trial court denied Taylor’s summary-judgment motion, ruling there were material facts about discretionary versus ministerial acts, and possible negligence.
- On appeal, the court held Taylor’s supervisory role involved discretionary functions, and thus he was entitled to official immunity; the trial court’s inference of ministerial negligence was improper.
- The court reversed the denial of summary judgment and dismissed personal-liability claims against Taylor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Taylor is entitled to official immunity. | Campbell argues Taylor liability is personal because he supervised but did not perform the work. | Taylor contends his supervisory, discretionary duties entitle him to official immunity. | Yes; Taylor entitled to official immunity for personal liability. |
| Whether Taylor's acts were discretionary or ministerial. | Supervision could be ministerial if Taylor negligently failed to inspect. | Taylor's affidavit shows discretionary supervisory duties not ministerial. | Discretionary; Taylor's actions fall within official-immunity scope. |
| Whether there is evidence of personal negligence by Taylor. | There could be implied oversight of the puddle. | No evidence Taylor observed or caused the puddle; mere supervision is not ministerial negligence. | No evidence of ministerial negligence; immunity applies. |
Key Cases Cited
- Cameron v. Lang, 274 Ga. 122 (Ga. 2001) (immunity is an entitlement not to stand trial)
- Benton v. Benton, 280 Ga. 468 (Ga. 2006) (official immunity considerations)
- Parrish v. State of Ga., 270 Ga. 878 (Ga. 1999) (supervision of a prisoner work detail is discretionary)
- Reece v. Turner, 284 Ga. App. 282 (Ga. App. 2007) (school supervision decisions are discretionary)
- Whitfield v. Brown, 318 Ga. App. 391 (Ga. App. 2012) (ministerial acts require established policy or definite duties)
- Hendricks v. Dupree, 311 Ga. App. 96 (Ga. App. 2011) (supervision of tasks can be discretionary)
- Gentry v. Hutchins, 319 Ga. App. 636 (Ga. App. 2013) (collateral-order appeal defining official-immunity rulings)
- Isbell v. Credit Nation Lending Svc., 319 Ga. App. 19 (Ga. App. 2012) (immunity considerations in discretionary acts)
- Ladner v. Northside Hosp., 314 Ga. App. 136 (Ga. App. 2012) (official-immunity related standards)