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)

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, § 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