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Minor v. Barwick11/25/2003
tate claims against him. Further, in its order, the trial court specifically addressed these claims.
The Georgia Constitution provides:
Except as specifically provided by the General Assembly in a State Tort Claims Act, all officers and employees of the state or its departments and agencies may be subject to suit and may be liable for injuries and damages caused by the negligent performance of, or negligent failure to perform, their ministerial functions and may be liable for injuries and damages if they act with actual malice or with actual intent to cause injury in the performance of their official functions. Except as provided in this subparagraph, officers and employees of the state or its departments and agencies shall not be subject to suit or liability, and no judgment shall be entered against them, for the performance or nonperformance of their official functions. The provisions of this subparagraph shall not be waived.
Ga. Const., Art. I, Sec. 2, Par. 9 (d). In 1992, the General Assembly enacted the GTCA, which is codified at OCGA § 50-21-20 et. seq. The GTCA is the exclusive remedy for any tort committed by a state officer or employee. OCGA § 50-21-25 (a).
A state officer or employee who commits a tort while acting within the scope of his or her official duties or employment is not subject to lawsuit or liability therefor. However, nothing in this article shall be construed to give a state officer or employee immunity from suit and liability if it is proved that the officer's or employee's conduct was not within the scope of his or her official duties or employment.
OCGA § 50-21-25 (a).
The immunity provided by the GTCA applies even if the officer acted with malice and intent to injure. See Ridley v. Johns, 274 Ga. 241, 242 (552 SE2d 853) (2001). See also Hardin v. Phillips, 249 Ga. App. 541 (547 SE2d 565) (2001) (employees of state college, who denied tenure to plaintiff, were entitled to immunity under the GTCA); Wang v. Moore, 247 Ga. App. 666 (544 SE2d 486) (2001) (employees of state college, who maliciously fired plaintiff, acted within the scope of their duties and were, therefore, entitled to immunity under the GTCA); Mattox v. Bailey, 221 Ga. App. 546 (1) (472 SE2d 130) (1996) (correctional officer who, while escorting a prisoner, slammed that prisoner's head into a door and then beat him was entitled to immunity under the GTCA). In Ridley, the Supreme Court reversed our decision in Johns v. Ridley, 245 Ga. App. 710 (537 SE2d 746) (2000), finding that neither malice nor intent to injure can strip a state officer of the immunity granted by the GTCA for torts committed within the scope of that officer's official duties or employment. Ridley, supra at 243. In that case, the defendant, plaintiff's supervisor at the Heard County Department of Family and Children Services, threatened plaintiff verbally and with his fist, and told her, "`you screw me in the back again, I'll get you and you won't even know what happened.'" Johns, supra at 711 (1).
It is undisputed that Minor was a state employee. Moreover, plaintiffs have failed to prove that Minor was acting outside the scope of his official duties or employment. Consequently, even if Minor acted with malice or intent to injure Barwick, he is immune from liability. Because we find that Minor is entitled to immunity under the GTCA, we reverse the trial court's denial of Minor's motion for summary judgment on plaintiffs' state tort claims.
Judgment affirmed in part and reversed in part. Johnson, P. J., and Eldridge, J., concur.
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