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GEORGIA DEPT. OF HUMAN SERVICES v. SPRUILL

No. S12G2002.

751 S.E.2d 315 (2013)

294 Ga. 100

GEORGIA DEPARTMENT OF HUMAN SERVICES et al. v. SPRUILL et al.

Supreme Court of Georgia.

November 18, 2013.

Attorney(s) appearing for the Case

James Arthur Attwood , The Attwood Law Firm, LLC, Decatur, for appellee.

Ronald Steve Boyter, Jr. , Kathleen M. Pacious , Dep. Atty. Gen., Loretta L. Pinkston , Senior Asst. Atty. Gen., Jennifer L. Dalton , Senior Asst. Atty. Gen., Samuel S. Olens , Atty. Gen., Robert Lee Bunner , Asst. Atty. Gen., Department of Law, Atlanta, for appellant.

BLACKWELL, Justice.

As a general rule, the sovereign immunity of the State and its departments is waived by the Georgia Tort Claims Act for "the torts of state officers and employees ... acting within the scope of their official duties or employment," OCGA § 50-21-23(a), but there are exceptions to the general rule. See OCGA § 50-21-24(1)-(13). This case concerns one of these exceptions, commonly known as the "discretionary function" exception. See OCGA...

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