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Dudney v. State of Georgia Dep't of Defense

The intra-military affairs doctrine barred the plaintiff's action, since it was undisputed that the injuries alleged in his complaint arose out of activities incident to military service.

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Larry Dudney, a former brigadier general and joint staff director for the Georgia Army National Guard, appeals from the trial court’s dismissal of his complaint against the State of Georgia Department of Defense, Jim Butterworth in his official capacity as the adjutant general of the State of Georgia, and William Nesbitt in his official capacity as the former adjutant general of the State of Georgia. Dudney contends the trial court erred in concluding: 1 that his complaint for damages under OCGA § 45-1-4 e 1 hereinafter “the whistleblower statute” is barred by the intra-military affairs doctrine; and 2 that he is not a “public employee” protected by the whistleblower statute. For the reasons explained below, we affirm.

On appeal, we review the trial court’s grant of a motion to dismiss de novo. South Point Retail Partners v. North American Properties, 304 Ga. App. 419, 420 696 SE2d 136 2010.

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