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Tracy Boatrightv.Scarlett Miles Copeland et al.

CourtCourt of Appeals of Georgia
Docket No.A15A2043
DecidedMarch 9, 2016
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawGovernment LawOfficial ImmunityStatutory InterpretationMotion to DismissReversal
Case Summary

Tracy Boatright sued an Appling County school superintendent and board members after a cannon used in connection with school activities injured him. The defendants asserted official immunity, and the trial court dismissed the personal-injury claims. The Court of Appeals of Georgia reversed. It held that interpreting the criminal statute governing weapons in a school safety zone was not a discretionary act within the officials’ lawful authority. The complaint also plausibly alleged that the defendants exercised control over a cannon owned by the school district and knew of and encouraged its use. At the motion-to-dismiss stage, those allegations could not be rejected as incapable of supporting relief.

Opinion

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