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Gish v. Thomas

O.C.G.A. § 45-5-2 does not contain an express waiver of sovereign immunity for claims brought under that section against a county for medical care.

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On December 9, 2005, Beverly Gish, as Administratrix of the Estate of her son, Jesse Brandon Gish, filed a complaint for damages asserting both federal and state law claims in the United States District Court for the Northern District of Georgia against Pike County, Georgia; Jimmy Thomas, the Sheriff of Pike County; and William Gilmer, a Pike County Deputy Sheriff. Thomas and Gilmer were sued in both their individual and official capacities. The District Court granted the defendants’ motion for summary judgment on the federal law claims on March 7, 2007, and dismissed all the state law claims without prejudice. On August 21, 2007, Gish, individually and as Administratrix of the Estate of her son, filed a complaint for wrongful death and damages pursuant to OCGA § 9-2-61 a and c the renewal statute. Defendants answered and then moved for summary judgment on the grounds, inter alia, that they were shielded from suit by the doctrines of sovereign and official immunity. After the trial court denied the motion in part and granted the motion in part, the parties filed their appeals to this Court. Gish’s appeal has been docketed in this Court as Case Number A09A1855 and the County’s cross-appeal has been docketed in this Court as Case Number A09A1944. We have consolidated these appeals for our review.

The critical facts here are essentially undisputed, and will be taken verbatim from the trial court’s extensive order1:

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