Georgia Supreme Court Upholds Sovereign Immunity in Bray v. Watkins, Clarifying Jurisdictional Questions

The Georgia Supreme Court recently delivered a pivotal decision in Bray v. Watkins, reinforcing the principle of sovereign immunity as a crucial jurisdictional matter. The case involved Latoya Bray’s lawsuit against Sheriff’s Lieutenant Stormie Watkins, alleging negligence in failing to activate a county tornado warning system. Initially, the trial court granted summary judgment in favor of Watkins, citing the public duty doctrine.

The Court of Appeals, in a divided opinion, affirmed this decision. It found that the trial court could grant summary judgment based on the public duty doctrine without addressing sovereign immunity, which Watkins had raised in her defense. The appeals court’s judgment highlighted the nuances between claims against Watkins in her official and individual capacities, along with the application of sovereign immunity to each.

However, the Georgia Supreme Court intervened, granting Bray’s petition for certiorari. It held that the Court of Appeals erred by affirming the summary judgment on the public duty doctrine grounds without first addressing the sovereign immunity issue concerning Bray’s official capacity claims. Consequently, on January 8, 2024, the case was remanded to the trial court to resolve the sovereign immunity question.

The Court of Appeals, while remanding the case, maintained its stance on the individual capacity claim against Watkins, indicating no change in their opinion on that aspect. This case is a crucial precedent for local governments, reaffirming that sovereign immunity remains a primary jurisdictional question. Its outcome may further shape the handling of similar cases in the future and offers insightful implications for the defense strategies of public officials and entities.