Watson v. Georgia Dept. of Corrections

The plaintiff could not assert a § 1983 claim against the state or the Georgia Department of Corrections, since neither entity is a person within the meaning of § 1983.

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Thomas Watson appeals the dismissal of his tort and 42 USC § 1983 claims against the Georgia Department of Corrections the “Department”, arguing that the trial court erred in finding that his claims were barred under the Georgia Tort Claims Act “GTCA”.1 For the reasons set forth below, we affirm. “We review the trial court’s ruling on a motion to dismiss under the de novo standard of review.” Punctuation omitted. Welch v. Ga. Dept. of Transp. 2 The record demonstrates that Watson was arrested on burglary charges on August 1, 1999, and remained in custody continuously prior to pleading guilty to those charges on April 30, 2001. Following his plea, he received a 15-year sentence, with three years to be served in confinement and the remainder on probation. Because Watson had been incarcerated since the time of his arrest, the sentencing court ordered that he receive credit for time served. Based on this credit, Watson should have been released on August 1, 2002. However, the Department did not release Watson until November 3, 2003, and only after the original sentencing court issued another order reiterating that he receive credit for time served.

Watson filed suit against the Department,3 alleging a tort claim based on the Department negligently incarcerating him beyond his scheduled release date and a claim under 42 USC § 1983 that this same tort violated his federal constitutional rights. The Department filed an answer and a motion to dismiss Watson’s complaint, arguing that his tort claim was barred because sovereign immunity was not waived for this type of tort claim under the GTCA, and that Watson was barred from specifically suing the State or a State agency under 42 USC § 1983. The trial court agreed and dismissed Watson’s complaint. This appeal followed.

Watson v. Georgia Dept. of Corrections

The plaintiff could not assert a § 1983 claim against the state or the Georgia Department of Corrections, since neither entity is a person within the meaning of § 1983.

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