Ford v. Caffrey

No question of fact remained as to whether the defendant was a state employee when he allegedly made defamatory statements about the plaintiff to members of various state and federal law enforcement agencies.

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Robert Ford was a Georgia Bureau of Investigation GBI employee assigned to a federally-funded, multi-jurisdictional drug task force based in Atlanta. While employed by the United States Drug Enforcement Agency DEA, Ronald Caffrey was appointed as director of the Atlanta task force. Ford brought this action complaining that during his directorship Caffrey made defamatory statements about him to members of various state and federal law enforcement agencies. Caffrey moved for summary judgment or to dismiss under the Georgia Tort Claims Act GTCA, on grounds that he had become an employee of the GBI at the time in question and that any statements he made concerning Ford were within the scope of his official duties. Ford appeals the trial court’s grant of Caffrey’s motion. We find no error and affirm. “Since the trial court considered matters outside the pleadings, the motion to dismiss was converted to one for summary judgment.”1 Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.2 Further, “a defendant need not produce any evidence to obtain summary judgment, but must only point to an absence of evidence supporting at least one essential element of the plaintiff’s claim.”3

The task force of which Ford and Caffrey were members is known as the High Intensity Drug Trafficking Area HIDTA. The federal government provides funding for the task force, and law enforcement agencies at all levels of government provide manpower. There are approximately 28 HIDTA’s throughout the country. The Atlanta HIDTA is governed by an executive board. The Atlanta HIDTA director is responsible for the daily operations of the task force and is hired and fired by the executive board. Caffrey, a longtime DEA special agent and administrator, began serving as the Atlanta HIDTA director in 1997. Ford, who had been a special agent of the GBI, was assigned to and became a special agent at HIDTA in 1995.

Ford v. Caffrey

No question of fact remained as to whether the defendant was a state employee when he allegedly made defamatory statements about the plaintiff to members of various state and federal law enforcement agencies.

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