Does Georgia have sovereign immunity?

Penelope

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Jul 15, 2014
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Does Georgia have sovereign immunity?

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In Georgia, the ability to bring a lawsuit against a government office or one of its employees is limited, and some instances entirely prohibited because of the Georgia Sovereign Immunity Law. This is known as “immunity.”
All About Georgia’s Sovereign Immunity Law

All About Georgia's Sovereign Immunity Law - Scholle Law

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One way to conceptualize the concept of immunity is to imagine each governmental office or employee with their own invisible shield or cloak that insulates them from claims and lawsuits. Some shields offer more protection than others. Whether you may pierce this legal shield is often a function of the law and whether the government has “waived” its immunity. If so, the case or cause of action may proceed under the law.

If not, it may be dead on arrival.
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Governmental entities, meaning the offices and departments of the government, have long enjoyed immunity. This protection has its roots in English common law that originated hundreds of years ago and was adopted by Georgia in our State Constitution.
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That means the gov or any state office is above the law.
 
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Didn't dementia man say that gun manufacturers were the only ones that couldn't be sued?

So it turns out the govt has more protection from lawsuits than the gun manufacturers.
Much like the makers of the clot shots that have caused so much harm
 
That means the gov or any state office is above the law.

You may be confused about what this means ... we can sue the government, but we can't sue the individual government employees ... each state is different, but in general:

Consider the City Snow Plow Driver ... this is dangerous work and every year innocent people have their cars totaled ... and if this happens to us, OF COURSE we can sue The City ... and if The City doesn't pay the judgement, we can foreclose on City property ... what we can't do is sue the driver and foreclose on his home ... the driver has immunity, The City does not ... The City is carrying the insurance so the driver doesn't have to ...

A better example is a school teacher bitch-slapping our kid ... the school district pays the hospital bill, but we want "pain and suffering" from the teacher herself ... we're mad and we want to take her home ... and that won't happen in civil court ...

Criminal suits are different, and I don't really know ... Oregon has a system to use another county's law enforcement agencies for any crimes suspected in the law enforcement departments ... so I'm guessing individual civil servants can be prosecuted ... but my comments above are strictly concerning civil suits ...
 
You may be confused about what this means ... we can sue the government, but we can't sue the individual government employees ... each state is different, but in general:

Consider the City Snow Plow Driver ... this is dangerous work and every year innocent people have their cars totaled ... and if this happens to us, OF COURSE we can sue The City ... and if The City doesn't pay the judgement, we can foreclose on City property ... what we can't do is sue the driver and foreclose on his home ... the driver has immunity, The City does not ... The City is carrying the insurance so the driver doesn't have to ...

A better example is a school teacher bitch-slapping our kid ... the school district pays the hospital bill, but we want "pain and suffering" from the teacher herself ... we're mad and we want to take her home ... and that won't happen in civil court ...

Criminal suits are different, and I don't really know ... Oregon has a system to use another county's law enforcement agencies for any crimes suspected in the law enforcement departments ... so I'm guessing individual civil servants can be prosecuted ... but my comments above are strictly concerning civil suits ...
that means the gov or any state office is above the law, but not an ordinary citizen.
 
Does Georgia have sovereign immunity?

Image result for the georgia courts have no right to the governors sovereign


In Georgia, the ability to bring a lawsuit against a government office or one of its employees is limited, and some instances entirely prohibited because of the Georgia Sovereign Immunity Law. This is known as “immunity.”
All About Georgia’s Sovereign Immunity Law

All About Georgia's Sovereign Immunity Law - Scholle Law

----------------------------------------------------------------
One way to conceptualize the concept of immunity is to imagine each governmental office or employee with their own invisible shield or cloak that insulates them from claims and lawsuits. Some shields offer more protection than others. Whether you may pierce this legal shield is often a function of the law and whether the government has “waived” its immunity. If so, the case or cause of action may proceed under the law.

If not, it may be dead on arrival.
snip
Governmental entities, meaning the offices and departments of the government, have long enjoyed immunity. This protection has its roots in English common law that originated hundreds of years ago and was adopted by Georgia in our State Constitution.
---------------------------------------------------
That means the gov or any state office is above the law.

Actually. It means you can’t sue the individual. You can sue the State or Department.
 
Paragraph III. Separation of legislative, judicial, and executive powers. The legislative, judicial, and executive powers shall forever remain separate and distinct; and no person discharging the duties of one shall at the same time exercise the functions of either of the others except as herein provided.

Paragraph IV. Contempts. The power of the courts to punish for contempt shall be limited by legislative acts.

 
that means the gov or any state office is above the law, but not an ordinary citizen.

No. It means the individual who is serving the Government in good faith can not be individually sued.

They can and do face criminal charges. They can and are terminated for violations. But they can’t be sued.

An example. One I know a little about.

A crane operator made a mistake and someone was injured. The Crane Operator as a State Employee was immune to civil suit. However the company as a State Authority was not. The company was sued. The victim got millions in damages.

Frankly this makes a lot more sense for the victims of accidents. The State has a lot more money than the individual worker.
 
Democrats control 22 of the 56 State Senate seats and 77 of the 180 State House seats. Two-year terms of office apply to both chambers, and the entire membership of each body is elected at the same time in even-numbered years.
 
No. It means the individual who is serving the Government in good faith can not be individually sued.

They can and do face criminal charges. They can and are terminated for violations. But they can’t be sued.

An example. One I know a little about.

A crane operator made a mistake and someone was injured. The Crane Operator as a State Employee was immune to civil suit. However the company as a State Authority was not. The company was sued. The victim got millions in damages.

Frankly this makes a lot more sense for the victims of accidents. The State has a lot more money than the individual worker.
As long as the republicans are in charge of the legislature.
 
Now you are in favor of it? At the top of the thread you ranted against it. Now what?
No I am not in favor of it, the gov and the others that work for him are above the law.

It's for the democrats as well.

No one should above the law.
 
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