Tyre et al v. Carter et al

Filing 25

ORDER re 22 Response filed by Samantha Jacobs, 21 Response filed by John Carter, Robert L. Brantley, Jr., 13 MOTION to Dismiss. Deputy Brantley is entitled to dismissal on all state law claims. Signed by Judge Lisa G. Wood on 6/27/2017. (ca)

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In t|ie ?Hntteb States! Bisstntt Conrt tor ttie ^onttiem SitOtrtct ot <(^eorstn iinmiertotclfe Bttitfi(ion FILED Scott L. Poff, Clerk United States District Court By casbell at 4:13 pm, Jun 27, 2017 GARY TYRE, individually; SAMANTHA JACOBS, as Administrator of the Estate of JERROD WEBSTER TYRE; and YVONNE GILDER, individually; Plaintiffs, CV 216-110 V. SHERIFF JOHN CARTER, in his individual capacity; ROBERT BRANTLEY, JR., in his individual capacity; and JOHN DOES 1-3, in their individual capacities; Defendants. ORDER The Court previously reserved ruling on the issue of Official Immunity as to Defendant Robert Brantley, Jr. in order to allow the parties regarding that claim. so. Dkt. Nos. 21, 22. to Dismiss (Dkt. No. to clarify Dkt. No. 20. their respective positions The parties have now done Upon review. Defendants' Partial Motion 13) will Specifically, Plaintiff Samantha be GRANTED in its entirety. Jacobs has confirmed that she intends to pursue state law tort claims against Deputy Brantley A0 72A (Rev. 8/82) in his official capacity, and these claims will be dismissed. Dkt. No. Georgia 22. law, individual These claims governmental capacities for must be dismissed employees who discretionary are acts because sued under in performed their within the scope of their employment are entitled to official immunity. Ga. Const, art. I, ยง II, para. IX(d); Gilbert v. Richardson, 452 S.E.2d 476 (Ga. 1994); Brown v. Taylor, 596 S.E.2d 403 (Ga. Ct. App. 2004); Standard 2003). Hobbs, 589 S.E.2d 634 (Ga. Ct. App. Here, Deputy Brantley's actions were discretionary and performed within the enforcement official. would v. allow outside of a his scope Plaintiffs plausible role of as inference a law his employment as a law have alleged no facts which that Deputy enforcement Brantley officer. As acted such. Deputy Brantley is entitled to dismissal on all state law claims, SO OPDERED, this 27th day of June, 2017. HON. IflSA GODBEY ttOOD, JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

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