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Tucker v. Pearce

An officer's acts, including his failure to medically screen a detainee before placing him in a holding cell, were not the proximate cause of the detainee's suicide, which was an unforeseeable act.

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Tammy Pearce “the Plaintiff”, individually and as administrator of the estate of her husband, Christopher Pearce “Pearce”, filed a wrongful death suit against Glynn County Police Officer Henry Tucker after Pearce committed suicide while in the custody of the Glynn County Police Department. Officer Tucker filed a motion for summary judgment, and, following a hearing, the trial court denied in part Officer Tucker’s motion.1 Officer Tucker appeals, contending that the trial court erred by denying his motion for summary judgment because any negligent acts on his part were discretionary and because there was insufficient evidence that his acts proximately caused Pearce’s death. For the reasons that follow, we reverse.

To prevail at summary judgment under OCGA § 9 11 56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.2

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