X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Miller, Presiding Judge. This is a lawsuit involving an incident between Keturah Hall, a high school student, and Antwan Acker, a school security officer, wherein Acker allegedly pepper sprayed Hall in the face and then failed to wash the spray off for a considerable amount of time thereafter. The trial court granted Acker’s motion for summary judgment after concluding that he was entitled to official immunity because the acts Acker took against Hall were discretionary acts and because Hall failed to present evidence that Acker acted with actual malice or intent to injure, and Hall now appeals. While we agree with the trial court that Hall has not shown that Acker acted with actual malice or intent to injure, we agree with Hall that Acker’s failure to wash or remove the pepper spray from Hall’s face as per the school policy was a ministerial act. Because the policy clearly stated that “[o]fficers will flush the eyes and face of the affected subject with clean water,” the policy did not leave any room for thought or discretion. Accordingly, we reverse the grant of summary judgment on the issue of official immunity in part, and we remand this case for the trial court to address whether genuine issues of material fact remain on Hall’s claims. “On appeal from the grant of summary judgment, legal questions are reviewed de novo, and this Court also conducts a de novo review of the evidence, viewed in the light most favorable to the nonmoving party, to determine if there is a genuine issue of material fact.” (Citation omitted.) Erickson v. Walker, 359 Ga. App. 630, 631 (859 SE2d 804) (2021). The parties’ accounts of the events greatly differ, but viewed in the light most favorable to the plaintiff, the record shows that at the time of the incident, Hall was a sixteen-year-old student at Cedar Grove High School. During class one day, Hall’s Spanish teacher, Olivia Jordan, announced that she was going to count a particular test grade twice. Hall verbally expressed frustration with this decision, and Ms. Jordan ordered Hall to step into the hallway while she contacted security. Acker and another officer responded to the situation to assist Ms. Jordan. Acker then asked Hall to leave the classroom and come with him. The following exchange[1] occurred: ACKER: All I’m asking you is to come talk to me. HALL: All right. MS. JORDAN: Oh, no. Take your stuff. HALL: No, I’m not leaving because I didn’t do nothing wrong. MS. JORDAN: Well, when you walk out the door, don’t come back in. . . . . ACKER: Now, ladies. Bring your stuff. Come on. MS. JORDAN: Now, they’re being nice. HALL: I’m being — (inaudible) ACKER: (inaudible) come on and we – - we are going ahead and talk like we have a reason or you wind up getting disruptive in school and you wind up going to jail for something stupid. I mean, it’s just idiotic. That’s why I’m asking – - that’s why I’m asking you to step out. It’s just that easy. Just get up and step out because if I have to come over there – - like I told you before, staff members can’t put their hands on you. I am the police. I can put my hands on you and can’t nobody, your mama, you[r] daddy, say nothing. UNIDENTIFIED VOICE: Oh, my God. ACKER: You’ve got a choice. You’ve got a choice. Get up on your own or you can put on bracelets and you going anyway. I’m just – - I’m asking will you come with me . . . (inaudible)? Just come – - just come talk to me. That’s all I’m asking you. HALL: So you could put – - man, what – - you not fixing to touch me, bro. ACKER: Ma’am. I’m not going to (inaudible). Do you understand? HALL: (inaudible) no. I don’t give a fuck. (inaudible) you not fixing to put your mother-fucking hands on me. (inaudible) ACKER: (Inaudible) nuh-uh. It’s too late now. Come on now. Don’t make this hard. Come on now. . . .

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

The University of New Mexico (UNM) (https://www.unm.edu/) is seeking nominations, inquiries, and applications for the position of General Co...


Apply Now ›

Maslon LLP is seeking attorney candidates with 4-6 years of experience to join its Insurance Coverage Team. Maslon s Insurance Recovery Grou...


Apply Now ›

New York-based indie music company seeks full-time litigation attorney. Must have 2 years music business experience. Must be admitted to S...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›