Immunity Flashcards
Discretionary Functions (immunities) - GA
In carrying out these functions, an officer is granted immunity as long as he was acting honestly and in good faith.
- No immunity when the gov’t is acting in proprietary function.
- Gov’t retains immunity when engaging in discretionary functions.
GA - Claims against gov’t are governed by the Tort Claims Act. Generally limited to claims for property damage. Municipalities may also be liable for nuisance.
Ministerial Functions (immunities) - GA
Those in which the officer is left no choice of his own; he is carrying out orders of others or established duties of his office. He can be held personally liable for any damages resulting therefrom, regardless of whether he was acting in good faith.
*Charitable immunity has been abolished in most jurisdictions. GA keeps it with regard to charitable assets.
Family Immunity
Modern trend is to abolish spousal immunity and limit parental immunity in negligence cases. There is no immunity for intentional torts
County and School District Immunity in
Georgia (Immunity)
Immune from most types of tort claims. Exceptions:
- Motor Vehicles
- Nuisances to the extent they damage property (taking)
- Ministerial acts
Municipalities liable for these same exceptions to the extent of any insurance
Hospital Authorities (Immunity) GA
Do not enjoy governmental immunity, except for punitive damages
Ante-Litem Notice
Claims against governmental entities usually require the giving of an ante-litem notice.
- Counties - 12 months from the date of inquiry
- Municipalities - 6 months
Immunity of Federal Employees
- Under FTCA U.S. has waived immunity for tortious acts. However, immunity will still attach for
1. Assault
2. Battery
3. False Imprisonment
4. False Arrest
5. Malicious prosecution
6. Abuse of process
7. Libel and slander
8. Misrep. and deceit
9. Interference with contract rights
**Additionally, no waiver for discretionary acts
