Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Spruill v. Georgia Dep't of Human Servs.

A DFACS caseworker's allegedly negligent investigation of reported neglect and malnourishment of 1-year-old twins, including his failure to undress the children to properly assess their condition, did not constitute a discretionary function for which the state is protected from liability by sovereign immunity.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Denise Spruill and Lisa Scroggins, as the permanent legal guardians of minor twins A.M. and A.M., filed a lawsuit against the Georgia Department of Human Services and the Georgia Department of Human Resources collectively, “the department”, claiming negligent investigation of a report that the twins were suffering from neglect and malnourishment. The department moved to dismiss the complaint on the basis of sovereign immunity. The trial court granted the motion and dismissed the complaint, finding that the state’s waiver of sovereign immunity under the Georgia Tort Claims Act, OCGA § 50-21-20 et seq., did not apply based on the discretionary function exception to such waiver. Spruill and Scroggins appeal. Because the allegedly negligent investigation did not constitute a discretionary function as that term is defined in the Act, the department is not protected by sovereign immunity and we therefore reverse.

“We review de novo a trial court’s ruling on a motion to dismiss based on sovereign immunity grounds, which is a matter of law. Factual findings are sustained if there is evidence supporting them, and the burden of proof is on the party seeking the waiver of immunity.” Citations and punctuation omitted. Georgia Dept. of Transp. v. Smith, 314 Ga. App. 412, 413 1 724 SE2d 430 2012.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
BUSINESS LITIGATION ATTORNEY -- HARTFORD, CT

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›
Associate Litigator

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›
Gwinnett County: State Court Staff Attorney

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›
Go to Lawjobs