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Roper v. Greenway

The decision to act cannot be parsed from the act itself, with official immunity provided to one of the resulting bifurcations but not the other.

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This Court granted a writ of certiorari to the Court of Appeals in Greenway v. Northside Hosp., Inc., 317 Ga. App. 371 730 SE2d 742 2012, to determine if that Court erred in evaluating Deputy Sheriff Terry Roper’s claim that he was entitled to official immunity from liability in connection with the euthanization of two dogs. Finding that the Court of Appeals erred, we reverse that Court’s judgment and remand the case to it for further proceedings.

As the Court of Appeals correctly observed, because the case was resolved in the trial court by granting Roper’s motion for summary judgment, the evidence must be viewed in the light most favorable to nonmovant Mitchell Greenway. Id. at 371-373. So viewed, the facts pertinent to our review are the following. Greenway was taken by ambulance from his home to a hospital; two dogs remained at the home. While Greenway was in the hospital’s emergency department, and uncertain whether he would live, he was pressured to sign an “Owner Release Form” regarding his dogs; the form was given to him by Roper and authorized Forsyth County Animal Control to destroy the dogs. At the time he signed the form, Greenway was unable to read it without his eyeglasses and understood that his dogs were going to the Humane Society; the dogs were euthanized before Greenway was able to recover from his illness and take further action.

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