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DeKalb Cnty. v. Kirkland

Sovereign immunity barred the plaintiffs' breach of contract claims regarding accrued compensatory time, as the overtime-exempt county employees did not have written employment contracts.

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Timothy W. Kirkland and Steven L. Pruitt “the Plaintiffs” sued DeKalb County “the County” for, inter alia, breach of contract based on the County’s refusal to allow the Plaintiffs to use their accrued compensatory time or compensate them for that time. The County filed a motion for summary judgment, asserting that the Plaintiffs’ claims were barred by sovereign immunity and the statute of limitations. The trial court denied the County’s motion for summary judgment, and the County appeals.1 For the reasons that follow, we reverse.

“Summary judgment is appropriate when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. We apply a de novo standard of appellate review and view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.” Footnote omitted. Community Marketplace Properties, LLC v. SunTrust Bank, 303 Ga. App. 403, 404 693 SE2d 602 2010.

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