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Agnes Scott College v. Hartley

Law enforcement officers employed by private colleges and universities are entitled to official immunity, since they act on behalf of the state in investigating alleged crimes.

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This case arises from an investigation of an alleged assault involving a student of Agnes Scott College hereinafter, “ASC”, in DeKalb County, Georgia, which resulted in Amanda Hartley’s arrest for aggravated and sexual battery, sexual battery, and simple battery. After the District Attorney dropped the charges, Hartley filed suit against ASC and three of its campus policemen, Gaetano Antinozzi, Gregory Scott, and Henry Hope collectively, “Defendants”. In her complaint, Hartley raised claims for false arrest, false imprisonment, intentional infliction of emotional distress and punitive damages. Defendants moved to dismiss Hartley’s complaint for lack of subject matter jurisdiction due to official immunity and failure to state a claim. Following a hearing, the trial court denied Defendants’ motion to dismiss. This Court granted Defendants’ application for interlocutory appeal. For the reasons that follow, we reverse the trial court’s decision.

“On appeal, this Court reviews the denial of a motion to dismiss de novo. However, we construe the pleadings in the light most favorable to the plaintiff with any doubts resolved in the plaintiff’s favor.” Citation and punctuation omitted. Ga. Dept. of Community Health v. Data Inquiry, LLC, 313 Ga. App. 683 722 SE2d 403 2012.

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