Tekemah Russell, individually and as the administrator of the estate of her son Detrick Corbett, Jr., filed an action against Jacquelyn Barrett, in her capacity as Sheriff of Fulton County, the Fulton County Sheriff’s Department the “Department”, and Vivian Dixon Bradford, individually and as the Deputy Sheriff of Fulton County, alleging claims of negligence, failure to train, instruct, and supervise, assault and battery, and respondeat superior. Russell also alleged that the defendants violated the decedent’s civil rights under Section 1983. The defendants filed a motion for summary judgment as to each of Russell’s claims, which the trial court granted without specifying the reasons therefor. On appeal, Russell challenges the trial court’s ruling. We affirm. To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. OCGA § 9-11-56 c. A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case. If there is no evidence sufficient to create a genuine issue as to any essential element of plaintiff’s claim, that claim tumbles like a house of cards. All of the other disputes of fact are rendered immaterial. A defendant who will not bear the burden of proof at trial need not affirmatively disprove the nonmoving party’s case; instead, the burden on the moving party may be discharged by pointing out by reference to the affidavits, depositions and other documents in the record that there is an absence of evidence to support the nonmoving party’s case. If the moving party discharges this burden, the nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue. OCGA § 9-11-56 e.1 Properly viewed, the record shows that at approximately 1:30 a.m. on May 22, 2002, Deputy Sheriff Dixon-Bradford, Deputy Donnie Lee McBee, Deputy Kirby Early, and Sergeant Reginald Poplus of the Fulton County Sheriff Department’s Fugitive Unit were en route to search for an escapee from the Fulton County jail when they approached the scene of an automobile accident. Poplus and McBee were following Bradford and Early in Early’s vehicle. Poplus, who was in charge, indicated that the officers should check out the accident. Bradford and McBee exited their vehicles, and Poplus and Early parked. Bradford testified that she saw a woman lying in the street and a man sitting behind the steering wheel of a vehicle parked in the street. Bradford recalled that just before they stopped, the man ran around the rear of the car and removed a baby from the car. Bradford exited her vehicle and approached the man, identifying herself as a deputy of the sheriff’s office. Bradford testified that the man started walking away from the accident, and when she asked him to talk to her, he ran up the street carrying the baby.
Bradford pursued the man, later identified as Detrick Corbett, Sr., the father of the decedent, who ran on the sidewalk for about half a block then up a driveway to a salvage yard. Bradford testified that because the area was dark and the driveway even darker, she could not see the suspect so she drew her weapon. Bradford recalled that fellow officer McBee was running toward her on the sidewalk at the time but was not close to her yet. Bradford saw Corbett holding the baby as he walked down the driveway toward her so she tried to reholster her gun. Corbett suddenly lunged at her, and they fought for the gun. Bradford recalled that she yelled at McBee that the suspect had her gun. Bradford continued to struggle with Corbett; they both went down and the gun discharged. The bullet hit the baby, and he was killed instantly.
