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Ramosv.Owens

CourtCourt of Appeals of Georgia
Docket No.A22A1409
DecidedNovember 21, 2022
Reporter366 Ga. App. 216; 881 S.E.2d 464; 2022 Ga. App. LEXIS 539; 2022 WL 17088528
JudgesLand, J., authored the opinion; McFadden, P.J., and Gobeil, J., concurred.
Tags
CivilSovereign ImmunitySheriff Official CapacityInmate InjuryMotion to DismissInsurance WaiverSubject Matter Jurisdiction
Case Summary

Michael Ramos sued the Cobb County Sheriff in his official capacity after injuring his knee while performing detention-center landscaping work without what he said was proper footwear. The issue was whether Ramos had carried his burden to show a waiver of sovereign immunity, particularly through alleged liability insurance. The Court of Appeals of Georgia affirmed dismissal for lack of subject-matter jurisdiction. It held that the liability-insurance waiver in OCGA § 33-24-51 applies to negligent use of a covered motor vehicle, not this landscaping injury; Ramos identified no other statute or policy details establishing a waiver. Sovereign immunity is a jurisdictional bar, and the plaintiff bears the burden of pleading and proving a specific waiver. Ramos could not shift that burden by invoking failure-to-state-a-claim standards or asking for discovery for the first time on appeal.

Opinion

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