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City of Atlanta v. Mitcham

Sovereign immunity and official immunity did not apply to the plaintiff's claim that he was injured as a result of the defendants' failure to provide the medical care he needed while he was in their custody, as the provision of medical care to inmates is a ministerial act.

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Barto Mitcham filed a negligence action against the City of Atlanta “City” and George Turner in Turner’s official capacity as “Police Chief for City of Atlanta”, alleging that Mitcham was injured as a result of the City’s and Turner’s failure to provide the medical care he needed while he was in their custody. The City and Turner appeal from the trial court’s denial of their motion to dismiss the complaint for failure to state a claim upon which relief could be granted. Finding no error, we affirm.

A motion to dismiss brought under OCGA § 9-11-12 b 6 for failure to state a claim upon which relief can be granted should be granted only when the allegations of the complaint disclose with certainty that the claimant would not be entitled to relief under any state of provable facts asserted in support thereof; and the movant establishes that the claimant could not possibly introduce evidence within the framework of the complaint sufficient to warrant a grant of the relief sought.1

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