Official Code of Georgia Annotated

Title 36. LOCAL GOVERNMENT · Chapter 33. LIABILITY OF MUNICIPAL CORPORATIONS FOR ACTS OR OMISSIONS

36-33-4. Personal liability of councilmembers and other municipal officers.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Members of the council and other officers of a municipal corporation shall be personally liable to one who sustains special damages as the result of any official act of such officers if done oppressively, maliciously, corruptly, or without authority of law.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Civil Code 1895, § 752; Civil Code 1910, § 901; Code 1933, § 69-208.

Cross references

False arrest, false imprisonment, and malicious prosecution, § 51-7-1 et seq.

Law reviews

For article, “Cities and Towns in Georgia: A Distinction with a Difference?,” see 14 Mercer L. Rev. 385 (1963). For note discussing governmental immunity from tort liability in Georgia, see 5 Ga. St. B. J. 494 (1969). For article, “Georgia Local Government Officers: Rights for Their Wrongs,” see 13 Ga. L. Rev. 747 (1979). For article discussing origin and construction of Georgia law of personal liability for municipal officials, see 14 Ga. L. Rev. 239 (1980). For article, “Individual Liability in Georgia Local Government Law: The Haunting Hiatus of Hennessy,” see 40 Mercer L. Rev. 27 (1988). For article, “Local Government Tort Liability: The Summer of ’92,” see 9 Ga. St. U.L. Rev. 405 (1993).

Other notes

History of Code section.: This Code section is derived from the decision in Pruden v. Love, 67 Ga. 190 (1881).

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Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t35-t36-ch1-59-(v27)-2025-pdf.pdf, Volume V27, 2025 edition, page 645; merge action: bound only; file SHA-256 6c7b6bcea397.

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