Securealert, Inc. D/B/A Track Group, Inc. Et Al.v.Candace Boggs Et Al.
Candace Boggs and other plaintiffs sued companies that provided electronic pretrial-release and monitoring services after two men allegedly left home confinement and killed Jamey Spurlock during an armed robbery. The plaintiffs claimed that the providers lost the ability to track the men, failed to report repeated violations of their release conditions, and thereby caused the death. They pleaded negligence, negligence per se, and breach of contract as third-party beneficiaries. The Georgia Court of Appeals reversed the trial court’s denial of the providers’ motions to dismiss. Georgia’s electronic-monitoring statute states that neither an approved provider nor the sheriff is civilly liable for the criminal acts of a defendant released under the program. The court held that the statutory language was plain and applied to the claims based on the Prices’ criminal conduct, even though the plaintiffs argued that immunity would weaken incentives for providers to monitor people properly. Policy arguments could not authorize the court to rewrite the statute. The case was remanded for dismissal of the claims against the providers.
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