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Huntington v. City of Atlanta

The public duty doctrine barred plaintiff's claims that the police did not properly investigate drug sales and use in apartment complexes he owned.

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On July 31, 1995, Michael G. Huntington, pro se, sued the City of Atlanta, Mayor Bill Campbell, and Clifford E. Hardwick, IV, involving the years 1980 through 1993. In a rambling confused complaint, Huntington claimed damages for the following: inadequate police services; damage to his asphalt drive and parking area by city garbage trucks at two of his apartment complexes; excess garbage fees; failure of the Bureau of Buildings to timely inspect repairs of code violations; excess ad valorem tax assessments. The complaint does not name or allege any claim against either Mayor Bill Campbell or Clifford E. Hardwick, IV; the only reference to the individual defendants comes in the process for service upon the City of Atlanta. Atlanta and the other defendants answered and filed a motion to dismiss, which the trial court granted. Because Huntington’s complaint fails to set forth a claim entitling him to relief under any state of facts provable at trial, we affirm.

1. Huntington’s first enumeration of error is that the trial court erred in dismissing the complaint, because no “special relationship” need exist to sue the City of Atlanta for fraud and corruption.

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