"Key to Georgia Court of Appeals’ Recent Clarification Establishing the Limits of Official Immunity for School Administrators”
Swift Currie attorneys Marcus Dean and Ashley Ferguson authored an article for the Daily Report discussing the recent ruling by the Georgia Court in Appeals in Wilson v. Anderson, which clarified when official immunity protects school officials and when it does not.
The ruling clarified that administrators have discretion when it comes to how to investigate an issue, but they have a mandatory duty to investigate issues once a credible report has been documented. Dean and Feguson highlighted the significance of the ruling in upsetting the long-standing belief that public education officials are automatically protected from liability as actors on behalf of the government.
“Immunity doctrines will continue to evolve, but the principle is clear,” said Dean and Ferguson. “When the law or institutional policy imposes a duty, failure to perform it can transform administrative oversight into personal liability.”
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