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Georgia Association Of Professional Servers, Et Alv.Jackson, Sheriff Et Al.

CourtSupreme Court of Georgia
Docket No.S17A1079
DecidedOctober 16, 2017
JudgesSupreme Court of Georgia
Tags
CivilCivil ProcedureAdministrative LawGovernment LawMandamusSovereign ImmunitySummary JudgmentVacaturRemand
Case Summary

Private process servers sued several Georgia sheriffs, alleging that the sheriffs had obstructed the statewide certified-process-server system and seeking mandamus, declaratory, and injunctive relief. The trial court granted the sheriffs summary judgment, reasoning that the governing statute left them discretion to decide whether certified servers could serve process in their counties. The Supreme Court of Georgia held that sovereign immunity barred the declaratory and injunctive claims against the sheriffs in their official capacities, so those claims should have been dismissed rather than decided on the merits. The court also held that mandamus could not compel the sheriffs to permit certified servers because the statute gave each sheriff threshold discretion to allow service in the county; mandamus could require an official to act but could not dictate a discretionary result. The court vacated the order as to the immune claims, affirmed the remaining summary judgment, and remanded.

Opinion

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