Georgia Voters Approve Ballot Measure for Sovereign Immunity Waiver

November 16, 2020

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 While much of the media coverage of the election has been on the race for the presidency, a significant ballot measure, Georgia Amendment 2, passed in Georgia by a 3 to 1 margin. This measure waives part of the state's sovereign immunity, thereby allowing residents to seek declaratory relief through the superior courts from state or local laws that are found to violate the U.S. Constitution, state Constitution, or state law. Under the amendment, a court cannot award damages, attorney's fees, or other costs of litigation unless authorized by the state legislature. After granting declaratory judgment, a court would be able to enjoin (block) the law or act in question. The state's waiver of sovereign immunity applies to acts occurring on or after January 1, 2021.

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The measure was placed on the ballot in response to a number of cases in recent years disallowing certain court level challenges to local, state and federal laws where the law did not include an express waiver of the state’s sovereign immunity in the area.  Legislative efforts to include a post hoc declaration of waiver as to specific and future laws were met with a veto.  This enactment, being an amendment to the Georgia Constitution is not subject to veto powers or court challenges.  How and to what extent the amendment’s passage will impact the volume of cases filed remains to be seen.

Buckley Christopher and Co-counsel Successfully Defend County's Right to Remove Confederate Monument

October 30, 2020

Taylor Hensel and the firm recently secured dismissal of all claims and requests for injunctive relief against a metro Atlanta county for their removal of a confederate monument which was located in front of the county courthouse.  In finding for the county commission chairman client, the Court ruled he was entitled to official immunity, that there was sovereign immunity to cover all claims against the county, and that the statute relied upon by the plaintiff group of confederate enthusiasts was so poorly written it could not possibly provide for any relief against the county or its commission.  

Buckley Christopher Obtains Summary Judgment on Claims Against Sheriff

July 20, 2020

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In the Middle District of Georgia, Tim Buckley and Eric O’Brien secured dismissal of claims brought by an inmate alleging deliberate indifference to a serious medical need.  Specifically, the inmate alleged that his medical treatment was denied due to budgetary constraints. The team from Buckley Christopher argued that there was no evidence to show that the Washington County Sheriff (the “Sheriff”) personally participated in the alleged deprivation of the inmate's rights.  The Sheriff never denied the inmate’s request to be referred to an outside provider, orthopedic or otherwise, due to budgetary constraints of Washington County because no such order was ever issued by the jail’s medical staff. The inmate was treated by the medical staff least eleven times and the Sheriff was entitled to rely on medical judgments made by medical professionals responsible for prisoner care.  Williams v. Limestone Cty., Ala., 198 Fed. Appx. 893, 897–98 (11th Cir. 2006). As such, the Sheriff was entitled to qualified immunity as to the inmate’s claims.