Augusta Judicial Circuit Office Of The Public Defenderv.Necia Hodge-Peets
Necia Hodge-Peets sued the Augusta Judicial Circuit Office of the Public Defender under the federal Americans with Disabilities Act after alleging that illness-related absences led to discipline, demotions, and termination. The office moved to dismiss on sovereign-immunity grounds, but the trial court relied on an earlier Georgia decision holding that a state waiver under a similar state disability law also waived immunity to federal claims. The Court of Appeals of Georgia held that the earlier decision was wrongly decided. A waiver of immunity under Georgia’s Fair Employment Practices Act did not clearly waive immunity to federal disability claims, and the federal statute and Supremacy Clause did not supply the missing waiver. The court therefore reversed the denial of the motion to dismiss. The presiding judge concurred fully and specially, warning that overruling a twenty-two-year-old rule could have significant policy consequences while agreeing that the legal result was required.
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