Rick Strickland and Paul Scott obtain significant ruling for county and “official capacity” defendants, overruling 17 years of case law

Since 1998, the Georgia Court of Appeals has conflated the sovereign and official immunity analysis in the context of medical-care claims, and has held that “because medical care is a fundamental right and is not discretionary in requiring medical care,” such act is not subject to sovereign immunity. See Cantrell v. Thurman, 231 Ga. App. 510 (1998); Middlebrooks v. Bibb County, 261 Ga. App. 382 (2003) and Howard v. City of Columbus, 239 Ga. App. 399 (1999)

On July 13, 2015, a unanimous Georgia Court of Appeals issued a decision in a case handled by Rick Strickland and Paul Scott, expressly holding that sovereign immunity bars state law medical–care claims, and expressly overruling 17 years of case law holding otherwise. This is a significant victory for those defendants entitled to sovereign immunity. The case is Tattnall County v. Armstrong, Case No. A15A0163, (Ga. Ct. App. July 13, 2015) .

Posted in Uncategorized


Brown, Readdick, Bumgartner, Carter, Strickland & Watkins, LLP
5 Glynn Avenue
Brunswick, Georgia 31520

Mailing Address
5 Glynn Avenue, P.O. Box 220
Brunswick, Georgia 31521

Phone (912) 264-8544
Fax (912) 264-9667

Get Directions