Board of Comm'rs of Spalding County v. Stewart

A county sheriff's duties include the duty to provide medical care to prisoners placed in his custody and, to fulfill that duty, a sheriff is necessarily vested with the authority to enter into contracts with medical care providers.

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Sheriff Dee Stewart brought suit against the Board of Commissioners of Spalding County to determine, inter alia, whether the sheriff is authorized to enter into a contract to provide medical services to inmates at the county jail. Finding that the sheriff —and not the board —is so authorized, the trial court enjoined the board from interfering with the sheriff’s selection of a medical provider. This appeal followed. In 2005 the board contracted with Georgia Correctional Health, LLC “GCH” to provide medical services to prisoners at the jail. Although the contract was for a term of one year and was renewable by mutual agreement, it could be terminated by either party on 60days notice. Two years later, the sheriff notified GCH that he intended to terminate the contract. Simultaneously, the sheriff entered into a medical services contract with Inmate Physician Services, Inc. “IPS”. Thereafter, the board informed the sheriff that his attempt to terminate the contract with GCH was a nullity and that the contract between the sheriff and IPS was void.

The sheriff sued the board seeking a declaration of his rights and duties as a constitutional officer, an injunction preventing the board from interfering with his ability to contract for medical services, and a writ of mandamus compelling the board to honor his contract with IPS. The trial court granted declaratory relief, finding that, inasmuch as the sheriff is obligated to furnish medical aid to inmates at the jail, he is authorized to contract with a medical services provider to fulfill his obligation. The trial court added, however, that the sheriff cannot require the board “to pay monies which are not included in the budget.” With regard to injunctive relief, the trial court enjoined the board from interfering with the sheriff’s contract with IPS “only to the extent the board has sought to prevent the sheriff from selecting the independent contractor.” The sheriff’s request for a writ of mandamus was denied. The board appeals and we affirm.

Board of Comm'rs of Spalding County v. Stewart

A county sheriff's duties include the duty to provide medical care to prisoners placed in his custody and, to fulfill that duty, a sheriff is necessarily vested with the authority to enter into contracts with medical care providers.

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