SEARCH

Thomas v. Gregory

The highly fact-specific inquiry of whether the officer's act of erroneously entering a handgun's model number, rather than its serial number, into the NCIC database—which led to an incorrect return that the gun had been stolen and the plaintiff's arrest—was ministerial or discretionary could not be definitively answered at the motion to dismiss stage.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

David Neil Thomas filed a complaint seeking recovery for injuries sustained when DeKalb County police officer Nathan C. Gregory placed him under arrest after erroneously entering the model number rather than the serial number of Thomas’s handgun while checking the gun’s registration, leading to an incorrect return that the gun had been stolen. Pursuant to OCGA § 9-11-12 b 6, Gregory filed a motion to dismiss, asserting that Thomas’s claims were barred by the doctrine of official immunity. The trial court granted his motion, finding that Thomas’s complaint alleged a discretionary act rather than a ministerial one. Thomas now appeals, and for the reasons discussed below, we reverse.

“On appeal, we review a trial court’s decision to grant or deny a motion to dismiss de novo.” Liberty County School Dist. v. Halliburton, 328 Ga. App. 422, 423 762 SE2d 138 2014.1 And “in reviewing the grant of a motion to dismiss, an appellate court must construe the pleadings in the light most favorable to the appellant with all doubts resolved in the appellant’s favor.” Citation and punctuation omitted. Ewing v. City of Atlanta, 281 Ga. 652, 653 2 642 SE2d 100 2007. We may also consider any exhibits attached to and incorporated into the complaint and the answer, also construing them in the appellant’s favor. Trop, Inc. v. City of Brookhaven, 296 Ga. 85, 89 2 764 SE2d 398 2014.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Southeastern Legal Awards 2025

May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.

Learn More

GlobeSt. Healthcare Real Estate 2024

December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More

(NEW) JUNIOR-MID LEVEL LITIGATION ASSOCIATE WANTED FOR ELITE LITIGATION BOUTIQUE FIRM (Atlanta, GA)

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a junior-mid level associate their rapidly ...

Apply Now ›

CORPORATE ASSOCIATE - CT or Remote

Shipman & Goodwin LLP is seeking an associate to join our corporate and transactional practice. Candidates must have four to eight years...

Apply Now ›

Senior Associate - Boutique -A&D (NYC)

SENIOR ASSOCIATE ATTORNEY, BOUTIQUE LAW FIRM, CORPORATE LAW We provide strategic advisory and legal services to the world's leading archite...

Apply Now ›