Four months after attorneys disputed sovereign immunity afforded to a Georgia sheriff following the death of a detainee restrained inside a patrol car, the Supreme Court of Georgia has clarified that “the ‘use’ of a motor vehicle” as provided under Georgia insurance and liability laws “is not limited by the terms ‘actively in use’ ‘as a vehicle.’”

In a unanimous opinion, the justices determined that “loading a person into and restraining a person in a patrol car constitutes a ‘use’ of a patrol car as to which sovereign immunity is waived under OCGA §§ 33-24-51(b) and 36-92-2.”

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