Legal Question in Personal Injury in Georgia

As a general rule, thanks to the voters of the state of Georgia making a very poor decision a few years ago in a statewide vote, the state has soverign immunity from most suits.

Realistically, you have a political problem where many argue that the governor and legislator are giving less funding to your agency than it needs to do its operations, and arguably they are doing the same to many other agencies, such as the courts. As you note, the result is more than just poor customer service.

I don't have an answer for you except to say that if someone comes in and threatens anyone or acts in a boisterous manner, dial 911. That is far better than getting shot.

And the rest of the answer is in the next legislative elections, study the positions of the candidates of both parties in a race and determine which is more likely to adequately fund the programs and agencies you feel need funding.

The state of Georgia, like other states, has sovereign immunity from suit. The only exception to this rule is when the legislature creates one or when the State itself waives its immunity, e.g. in the context of the state obtaining auto insurance for its vehicles.

Your question hints at a deeper more complex issue of immunity, i.e. the liability of government actors. When an individual sues State actors/employees, the issue becomes one of official immunity. Most State employees have broad immunity for discretionary rather than ministerial acts. It is rare to find a scenario where a government employee/supervisor fails to adhere to a ministerial requirement and thereby exposing himself to suit.

If you have further questions or concerns, feel free to contact us at: [email protected]

Best of luck,