Agnes Scott College Et Alv.Amanda Hartley
Amanda Hartley alleged that Agnes Scott College campus police failed to investigate a reported assault before obtaining warrants that led to her arrest; prosecutors later dropped the criminal charges. She sued the officers and the college for false arrest or imprisonment, intentional infliction of emotional distress, and related relief. The trial court held that private-college campus police were not State employees under the Georgia Tort Claims Act and allowed claims against the college to proceed. The Georgia Court of Appeals reversed. It read the Campus Policeman Act together with the Tort Claims Act and held that certified campus officers exercising statutory law-enforcement powers act on behalf of or in service to the State, even when employed by a private college. The officers therefore fell within the Act’s definition of State officers for purposes of the immunity provisions. The court also held that the complaint did not allege facts connecting the college itself to the officers’ investigative or arrest decisions, so the college was entitled to dismissal of the respondeat-superior claims. Presiding Judge Miller and other judges dissented, disputing both conclusions. The judgment was reversed.
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