Hall v. Acker, A22A1309, 2023 WL 2471304 (Ga. Ct. App. Mar. 13, 2023)
I don’t normally send these personal-injury cases, but this one looked interesting. It involved a school security officer’s official immunity. Here’s the court’s conclusion:
Accordingly, DeKalb County’s policy requiring Acker to flush out Hall’s eyes after using pepper spray sets out a specific duty that is ministerial in nature such that Hall need only prove that Acker acted negligently in carrying out said policy. Because there is evidence in the record to create a fact issue as to such negligence, we conclude that the trial court erred by granting official immunity to Acker for his alleged failure to decontaminate Hall following his use of pepper spray.
The court also found the plaintiff failed to show actual malice.