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Kevin Butlerv.Jane Doe et al.

CourtCourt of Appeals of Georgia
Docket No.A14A0448
DecidedJuly 16, 2014
Reporter328 Ga. App. 431, 762 S.E.2d 145 (2014)
JudgesJudge Dillard authored the majority opinion; Presiding Judges Andrews, Ellington, Doyle, and Judge McMillian concurred; Chief Judge Phipps and Judge Miller dissented
Tags
CivilEducation LawNegligenceOfficial ImmunitySummary JudgmentReversalDissent
Case Summary

Jane Doe alleged that teacher Kevin Butler negligently left her and another student alone in a locked chorus room during an after-school activity, where another student sexually assaulted her. Butler sought summary judgment based on official immunity, arguing that his supervision decisions were discretionary; the trial court denied his motion. The Court of Appeals assessed the specific supervision decisions and held that they were discretionary because no policy directed how Butler had to supervise students at the after-school functions, leaving those decisions to professional judgment. It therefore held that official immunity entitled Butler to summary judgment. Chief Judge Phipps and Judge Miller dissented, concluding that conflicting evidence about Doe’s required attendance and Butler’s supervisory duties prevented summary judgment. The court reversed the denial of Butler’s motion, entitling him to summary judgment.

Opinion

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