Walker v. Owens, Comr.
298 Ga. 516
| Ga. | 2016Background
- Walker was sentenced under the Georgia First Offender Act in 2011 and placed on five years’ probation.
- Walker alleges a judge signed an order terminating his probation, but the order was never filed and Chief Probation Officer Chiquiti Dean destroyed it; he was later arrested on a revocation warrant and detained 21 days before revocation proceedings were dismissed.
- In March 2015 Walker sued for a declaratory judgment and a writ of mandamus against state officials (individually and officially), alleging Officer Dean was not bonded as required by OCGA § 42-8-26(d).
- Walker asserted the State’s “Great American” fidelity/indemnity policy did not satisfy the statutory bond requirement and sought a declaration that the policy should be construed to allow individual claims against the surety and principal under a “read in/read out” theory.
- Respondents moved to dismiss, arguing sovereign immunity and that Walker’s declaratory-judgment claim was premature and would be advisory; the trial court granted dismissal as premature.
- Walker appealed only the dismissal of the declaratory judgment claim; the Supreme Court of Georgia affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Walker’s declaratory-judgment claim is ripe/not advisory | Walker sought a declaration that the State’s Great American policy does not satisfy OCGA § 42-8-26(d) and must be read to permit individual claims against the surety/principal | Respondents argued the issue is premature/advisory (and also raised sovereign immunity) because no judgment exists against Dean and Walker has not pursued a statutory bond claim | Court held the declaratory-judgment claim is premature and would be advisory; dismissal affirmed |
Key Cases Cited
- Anderson v. Flake, 267 Ga. 498 (480 SE2d 10) (motion to dismiss standard)
- Leitch v. Fleming, 291 Ga. 669 (732 SE2d 401) (scope of Declaratory Judgment Act; actual controversy requirement)
- State Highway Dept. v. Georgia Southern & Florida Railway Co., 216 Ga. 547 (117 SE2d 897) (purpose of declaratory relief to avoid uncertainty)
- SJN Properties, LLC v. Fulton County Board of Assessors, 296 Ga. 793 (770 SE2d 832) (declaratory relief adjudicates rights governing future conduct)
- Morgan v. Guaranty National Companies, 268 Ga. 343 (489 SE2d 803) (declaratory relief proper where necessary to guide/protect plaintiff from uncertainty about future acts)
- Porter v. Houghton, 273 Ga. 407 (542 SE2d 491) (same)
- Baker v. City of Marietta, 271 Ga. 210 (518 SE2d 879) (dismissal proper when plaintiff not in position of uncertainty; courts must avoid issuing advisory opinions)