City of Atlanta v. Lockett

Sovereign immunity is waived on claims for the negligent use of a covered motor vehicle, and an allegation that an officer acted with reckless disregard for proper law enforcement procedures in pursuing a fleeing suspect comes within the ambit of such claims.

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Wendy Lockett brought a lawsuit against the City of Atlanta the “City”, alleging that she was injured as a result of the reckless conduct of two Atlanta Police Department “APD” officers during their pursuit of a fleeing suspect. The City filed a motion for summary judgment, which the trial court denied. The City appeals, contending that the trial court erroneously denied summary judgment because the City was entitled to sovereign immunity under OCGA § 36-92-2 a. Discerning no error, we affirm. “Summary judgment is warranted when any material fact is undisputed, as shown by the pleadings and record evidence, and this fact entitles the moving party to judgment as a matter of law. . . . We review the denial of summary judgment de novo.” Citations and punctuation omitted. Strength v. Lovett , __Ga. App.___, 4 2 Case No. A11A0672, decided July 14, 2011.

So viewed, the record shows that at approximately 5:00 p.m. on July 22, 2008, two APD officers identified a white Chevrolet Monte Carlo that appeared to be exceeding the speed limit, and which they believed matched the description of a vehicle that had been reported stolen earlier in the day. Upon learning that the vehicle’s registration had been suspended, the officers attempted to initiate a traffic stop by activating the emergency lights and siren of their marked City of Atlanta law enforcement police vehicle. The officers began pursuing the white Monte Carlo when its driver refused to stop or slow down and instead accelerated to the next intersection. One of the officers admitted that the pursuit of the white Monte Carlo violated the APD’s written policy identifying the circumstances in which its officers were permitted to initiate and continue emergency vehicle pursuits.

City of Atlanta v. Lockett

Sovereign immunity is waived on claims for the negligent use of a covered motor vehicle, and an allegation that an officer acted with reckless disregard for proper law enforcement procedures in pursuing a fleeing suspect comes within the ambit of such claims.

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