Tyre et al v. Carter et al
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)
In t|ie ?Hntteb States! Bisstntt Conrt
tor ttie ^onttiem SitOtrtct ot <(^eorstn
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
SHERIFF JOHN CARTER, in his
individual capacity; ROBERT
BRANTLEY, JR., in his
individual capacity; and JOHN
DOES 1-3, in their individual
Official Immunity as to Defendant Robert Brantley, Jr. in order
regarding that claim.
so. Dkt. Nos. 21, 22.
Dkt. No. 20.
The parties have now done
Upon review. Defendants' Partial Motion
Specifically, Plaintiff Samantha
Jacobs has confirmed that she
intends to pursue state law tort claims against Deputy Brantley
in his official capacity, and these claims will be dismissed.
the scope of their employment are entitled to official immunity.
Ga. Const, art. I, § II, para. IX(d); Gilbert v. Richardson, 452
S.E.2d 476 (Ga. 1994); Brown v. Taylor, 596 S.E.2d 403 (Ga. Ct.
Here, Deputy Brantley's actions were discretionary and
have alleged no facts which
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
DISTRICT OF GEORGIA
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