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Bobby Schroeder, Iiiv.Dekalb County, Georgia Et Al.

CourtCourt of Appeals of Georgia
Docket No.A17A0551
DecidedMay 8, 2019
Reporter304 Ga. 394
JudgesCourt of Appeals of Georgia
Tags
CivilCivil RightsCivil ProcedureDue ProcessReversalRemand
Case Summary

Bobby Schroeder’s civil-rights lawsuit returned to the Georgia Court of Appeals after the Supreme Court of Georgia held that a former recorder’s-court chief judge and court administrator were protected by judicial and quasi-judicial immunity. The Supreme Court left several other appellate holdings undisturbed, including rulings concerning an untimely ante litem notice, claims against unidentified defendants, and the county’s treatment of a federal civil-rights claim. On remand, the Court of Appeals adopted the Supreme Court’s judgment as its own. It affirmed judgment on the pleadings for the two protected officials in their individual capacities and remanded for further proceedings on the claims that remained viable under the earlier appellate decision. The short opinion is notable as an example of appellate remand practice and the binding effect of an intervening higher-court decision, rather than as a new merits ruling on every underlying claim.

Opinion

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