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Georgia State Board of Pardons and Paroles v. Finch9/30/2004
We granted the application of the Georgia State Board of Pardons and Paroles (the board) for an interlocutory appeal from the trial court's denial of its motion to dismiss this action against it brought by Finch. Because we conclude that the trial court should have granted the board's motion, we reverse.
The record shows that Randy Lamar Finch was convicted of a felony in 1990 and was sentenced under the First Offender Act, OCGA §§ 42-8-60 through 42-8-66. In 1993, Finch's probation was revoked and he was sentenced to ten years, with five to serve in custody and the remainder on probation. He was released on parole in May 1996. Finch filed this action in July 1998 against his parole officer, Thaddeus Stephens, Stephens's superiors Carol Deems and Charles Andrews, and the board. He alleged in his complaint that in September 1996, while he was on parole and living in Sumter County, Stephens issued a warrant for his arrest. Finch was released on bond granted by the superior court. After his release, Stephens again arrested him even though bond had been posted and no other outstanding warrant existed. Stephens attempted to incarcerate Finch unsuccessfully in Sumter County and in Columbus, but officials refused to accept Finch. Stephens then drove to Albany, where Finch was accepted at the common jail of Dougherty County. Finch was again released after posting the bond granted by the Superior Court of Sumter County.
Finch also alleged in his complaint that Stephens "intimidated and coerced" a woman into prosecuting unfounded claims of battery and simple battery against Finch. In addition, Finch alleged that Stephens offered an unnamed jail inmate cash and a promise of quick release if the inmate would swear falsely that he overheard Finch trying to arrange for Stephens's murder. Finch's parole was revoked in January 1997.
In the complaint, Finch alleged various claims against the defendants, including claims under 28 U.S.C. §§ 1983 and 1985 for violating his civil rights, a personal injury claim under OCGA § 51-1- 13, battery, intentional infliction of emotional harm, negligent retention, false arrest, false imprisonment, and kidnaping. Finch sought compensatory damages including pain and suffering, punitive damages, expenses, and attorney fees. He also showed that he had complied with the notice requirements of the Georgia Tort Claims Act, OCGA § 50-21-35 (the Act).
The defendants filed a notice of removal to United States District Court, which dismissed the federal claims against the defendants in their official capacities on Eleventh Amendment grounds and remanded the pendent state claims to the superior court. Defendants then moved to dismiss the complaint. The superior court held a hearing and entered an order dismissing Deems and Andrews on the ground that all claims against them related to actions within the scope of their official duties and therefore under the Act they were immune from suit. Finding that whether Stephens acted within the scope of his official duties was a jury question and that if a jury found that he was acting within that scope the board could be liable for his actions, the superior court denied the board's and Stephens's motions to dismiss. The trial court also granted a certificate of immediate review, and we granted the board's application for an interlocutory appeal.
1. The board contends the trial court erred in denying its motion to dismiss because it is a state agency, and the State has not waived its sovereign immunity for acts such as those for which the board might be vicariously liable. We agree.
OCGA § 50-21-23 codifies the State's limited waiver of its sovereign immunity. Subsection (a) of that statute
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