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Dedrain E. Franklinv.John H. Eaves, In His Official Capacity As Chairman Of The Fulton County Board Of Commissioners

CourtCourt of Appeals of Georgia
Docket No.A16A0616
DecidedJune 3, 2016
Reporter324 Ga. App. 502
JudgesCourt of Appeals of Georgia
Tags
CivilEmployment LawEmployment DiscriminationCivil ProcedureSummary JudgmentStatutory InterpretationReversal
Case Summary

Dedrain Franklin sued Fulton County officials under the Georgia Whistleblower Act, alleging retaliation after she reported concerns about county conduct and later was not selected for a position. The trial court opened a prejudgment default and granted the County summary judgment on the ground that Franklin filed her action outside the applicable limitations period. The Court of Appeals affirmed the order opening the default but reversed the summary judgment. The court held that the record contained evidence from which a factfinder could determine when Franklin’s retaliation claim accrued, including an alleged adverse employment action occurring within the limitations period. Timeliness was an affirmative defense that the County had to establish on summary judgment; Franklin’s complaint and supporting evidence could not be rejected merely because the County disputed her account. The appellate court declined to decide whether the alleged conduct ultimately constituted actionable retaliation because the trial court had not reached that issue. The judgment was affirmed in part and reversed in part. Two judges concurred.

Opinion

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