Tuttle v. Board of Regents of the University System
326 Ga. App. 350
| Ga. Ct. App. | 2014Background
- Tuttle, a deputy chief of police at GPC, was employed August 1, 2007 and later terminated July 31, 2009 amid organizational restructuring.
- Alleged retaliation arose from Tuttle's whistleblower activities, including concerns about laptop investigations, stalking case handling, and Adams hiring for a non-sworn Public Safety role.
- GPC investigations into a stalking incident in 2008 and a laptop-theft case in 2008-2009 involved Tuttle and supervisors, including Tricoli, Carruth, and Truesdale; Tuttle raised objections to supervisory interference.
- In February 2009, Tuttle received two written reprimands regarding his handling of the stalking case.
- In June 2009, Tuttle was informed the Deputy Chief of Public Safety position would be eliminated effective July 31, 2009 due to restructuring; suit filed August 2010 alleging GWA retaliation.
- The trial court granted BOR summary judgment on statute-of-limitations grounds; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the GWA claim was timely | Tuttle (plaintiff) argues disputes exist about when retaliation was discovered. | BOR contends accrual occurred on June 2, 2009, starting the one-year clock. | Accrual on June 2, 2009; timely issue resolved in favor of BOR. |
| Whether fraud tolls the limitations period | Tuttle asserts fraud tolling could extend limitations. | BOR argues no applicable fraud tolling since gravamen is termination, not fraud. | No tolling under OCGA 9-3-96; fraud tolling not applicable. |
| Whether ante litem notice under GTCA tolls the GWA period | Tuttle suggests GTCA notice tolled the period for GWA claim. | BOR argues GTCA notice is not applicable to GWA and does not toll its period. | GTCA ante litem notice does not toll the GWA statute of limitations. |
Key Cases Cited
- Opensided MRI of Atlanta v. Chandler, 287 Ga. 406 (Ga. 2010) (plain-language statute interpreted by its meaning)
- Sandy Springs Toyota v. Classic Cadillac Atlanta Corp., 269 Ga. App. 470 (Ga. App. 2004) (accrual is based on when plaintiff could first maintain action)
- Trust Co. Bank v. Union Circulation Co., 241 Ga. 343 (Ga. 1978) (strictly construed tolling only for cases of actual fraud and specific circumstances)
- Edmonds v. Bd. of Regents of the Univ. System of Ga., 302 Ga. App. 1 (Ga. App. 2009) (summary-judgment standard applied de novo)
- Colon v. Fulton County, 294 Ga. 93 (Ga. 2013) (distinct waiver of sovereign immunity; GWA separate from GTCA)