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John Joseph Hildebrand, Iiiv.City Of Warner Robins Et Al.

CourtCourt of Appeals of Georgia
Docket No.A19A2487
DecidedMarch 6, 2020
Reporter347 Ga. App. 723
JudgesCourt of Appeals of Georgia
Tags
CivilGovernment LawCivil ProcedureMotion to DismissMandamusAdministrative LawReversalRemand
Case Summary

John Hildebrand sought mandamus against Warner Robins officials, alleging that his demotion and other discipline violated city ordinances, procedures, and an oral agreement. The trial court dismissed the complaint for failure to state a claim. The Georgia Court of Appeals affirmed dismissal of the City because Hildebrand did not challenge that part of the ruling, but reversed as to the mayor and council members. At the pleading stage, the allegations had to be construed in Hildebrand’s favor, and they did not foreclose the possibility that evidence could support mandamus against public officials. The court explained that mandamus is a personal action against officials in their official capacities rather than an action against the government itself. It therefore remanded for further proceedings on the claim against the individual officials.

Opinion

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John Joseph Hildebrand, Iii V. City Of Warner Robins Et Al. — The Atlanta Gleaner