Official Code of Georgia Annotated
Title 50. STATE GOVERNMENT · Chapter 21. WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS · Article 2. STATE TORT CLAIMS
50-21-25. Immunity of state officers or employees for acts within scope of official duties or employment; officer or employee not named in action against state; settlement or judgment.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
This article constitutes the exclusive remedy for any tort committed by a state officer or employee. 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.#
- (b)
A person bringing an action against the state under the provisions of this article must name as a party defendant only the state government entity for which the state officer or employee was acting and shall not name the state officer or employee individually. In the event that the state officer or employee is individually named for an act or omission for which the state is liable under this article, the state government entity for which the state officer or employee was acting must be substituted as the party defendant.#
- (c)
A settlement or judgment in an action or a settlement of a claim under this article constitutes a complete bar to any further action by the claimant against a state officer or employee or the state by reason of the same occurrence.#
History
Code 1981, § 50-21-25, enacted by Ga. L. 1992, p. 1883, § 1.
Law reviews
For note, ‘‘Finding Immunity: Manders v. Lee and the Erosion of 1983 Liability,’’ see 55 Mercer L. Rev. 1505 (2004).
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t50-ch13-40-(v38a)-2021-pdf.pdf, Volume V38A, 2021 edition, page 442; merge action: annotated; file SHA-256 1cacff3315fb.