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Tricoli v. Watts

Since waiver of sovereign immunity for a breach of contract action requires a written contract and the plaintiff failed to prove the existence of a valid, written employment contract, the doctrine of sovereign immunity barred his breach of contract claim against the Board of Regents of the University System of Georgia, Board of Regents members and the Georgia Attorney General.

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Anthony Tricoli served as President of Georgia Perimeter College GPC for six years until he was blamed for a $16 million budget shortfall and resigned. He subsequently sued numerous individuals affiliated with GPC, the Board of Regents of the University System of Georgia, Board of Regents members, and the Georgia Attorney General for fraud, breach of contract, and violations of the Georgia Racketeer Influenced and Corrupt Organizations Act RICO. The trial court granted the defendants’ motion to dismiss, and this appeal followed.

On appeal, Tricoli contends the trial court erred by: 1 finding there was no enforceable written employment contract between Tricoli and the Board of Regents; 2 concluding that the Georgia Tort Claims Act GTCA, OCGA § 50-21-20 et seq., barred his RICO claims; 3 rejecting his claims for fraud, extortion, and intentional infliction of emotional distress; 4 failing to consider his claims under the Open Records Act; 5 ignoring his abusive litigation claim; and 6 ignoring his motion for preliminary injunction. We find the trial court thoroughly addressed all the issues in this case and correctly concluded that Tricoli’s claims failed under the Georgia Tort Claims Act GTCA and the doctrine of sovereign immunity.

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