Georgia Courts Clarify Official Immunity for Public School Officials

In an action brought by school principal, Laverne Halliburton, claiming racial discrimination against her former school district and district officials, the Court held that the defendants were entitled to sovereign and qualified immunity in their official capacities but that immunity was precluded in their individual capacities. Liberty County School Dist. V. Halliburton, 762 S.E.2d 138 (Ga. App. 2014). In 2011, the Liberty County School Board voted 4-3 to “non-renew” Halliburton’s contract as principal for the following school year. Halliburton claims that this vote was along racial lines and in retaliation for the comments that she made about the performance of a white assistant princip

Georgia Courts Call for More Specific Definitions in Insurance Policies

A landlord’s commercial liability insurer, Georgia Farm Bureau Mutual Insurance Company, brought an action against the landlord and tenant for declaratory judgment that tenant’s personal injury lawsuit was excluded by a pollution clause. Smith v. Georgia Farm Bureau Mut. Ins. Co., 771 S. E.2d 452 (Ga. App. 2015). Plaintiff, Amy Smith, and her daughter, began renting a home from Bobby Chupp in 2007. While they were living there, the paint in the home started to chip and crack, and Smith’s daughter began having health complications consistent with lead poisoning. A physician later diagnosed her with lead in her bloodstream that was likely caused by ingestion of lead based paint. The physi

Georgia Courts Confirm School Supervision is Protected by Official Immunity

Georgia Court of Appeals, in Bartow County, reversed the denial of summary judgment to Kevin Butler, a middle school teacher, in a personal injury action brought by a student. Butler v. Doe, 762 S.E.2d 145 (Ga. App. 2014). Jane Doe sought to recover for injuries she suffered when she was sexually assaulted by another student as a result of Butler’s alleged failure to properly supervise the students. During the afternoon at issue, there was a color guard presentation followed by a choral concert. Butler was an advisor for the color guard and Doe was participating in both events. After the presentation, three of the color guard members went to the chorus room to retrieve their belongings,

Archived Blogs

Click here for a link to our blog archives prior to 2015

Posts by Topic

Posts by Date

© 2019 Buckley Christopher P.C.

2970 Clairmont Road NE

Suite 650

Atlanta, GA  30329

(404) 633-9230