Darnell v. Houston County Bd. of Educ.
| Decision Date | 18 August 1998 |
| Docket Number | No. A98A0869.,A98A0869. |
| Citation | 234 Ga. App. 488,506 S.E.2d 385 |
| Parties | DARNELL v. HOUSTON COUNTY BOARD OF EDUCATION, et al. |
| Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Pamela Richards-Greenway, for appellant.
Daniel, Lawson, Tuggle & Jerles, William R. Jerles, Jr., Perry, Chambers, Mabry, McClelland & Brooks, Virginia J. Reed, Atlanta, for appellees.
HAROLD R. BANKE, Senior Appellate Judge.
Seeking damages for incidents occurring during and after he officiated a school basketball game, Lowell E. Darnell sued the Houston County Board of Education ("Board"), James Snyder, as Tabor Middle School principal and individually, along with James Moneypenny, Robert Davis, and Reginald West. Enumerating three errors, Darnell appeals the summary judgment awarded to the defendants.
The evidence, when viewed most favorably toward Darnell, was as follows. Bird v. Kmart, 229 Ga.App. 630, 494 S.E.2d 541 (1997). During a middle school boys' basketball game, after Coach Moneypenny of Tabor Middle School became upset with an officiating call, Darnell gave him a technical foul. Moneypenny then continued to berate Darnell and the other referee claiming they were "blind," "stunk," and were "chicken sh—." According to Darnell, Moneypenny slammed his body into him and bumped into him. Darnell then gave Moneypenny a second technical foul and ejected him from the game. Feeling that he had been unduly threatened, Darnell began inquiring into the process for obtaining an assault warrant against Moneypenny.
At the conclusion of the game, Principal Snyder instructed a security officer, Deputy Davis, who was assisted by Officer West, to remove Darnell for security reasons from the gymnasium. According to Synder, he feared the possibility of trouble triggered by the intense rivalry between the two schools. When Darnell refused to leave and resisted, the officers escorted him out anyway. According to Darnell, he had intended to await the arrival of a police officer to discuss possible criminal charges against Moneypenny and had not completed his post-game officiating duties.
Darnell brought suit against Moneypenny, the Board, Synder, and the two police officers who escorted him out. Darnell sued Moneypenny for being verbally abusive and for bumping him. He sued Synder for failing to ensure his safety and for having him forcibly removed. Darnell asserted that the Board, through its agents, Moneypenny and Synder, failed to ensure his safety and failed to properly instruct its agents and employees. Darnell brought claims for false arrest, use of excessive force, and 42 USC § 1983 against the two officers. Although Darnell asserted that he was "humiliated, embarrassed and traumatized," he admitted that he never sought any counseling for any mental or emotional complaints, depression, or anxiety. Nor did he seek any other medical attention. Darnell conceded that he was fully compensated for his officiating work. Held:
1. In order to consider Darnell's contention that material issues of disputed fact precluded summary judgment, we must separately consider his claims against each defendant.
Sovereign immunity extends to the State and all its departments and agencies unless it is waived by a legislative act. Gilbert v. Richardson, 264 Ga. 744, 747(2), 452 S.E.2d 476 (1994). Thus, the Board, as an entity of the State, in the absence of any applicable exception or statutory waiver, was shielded by sovereign immunity, and Darnell could not proceed against it. Davis v. Dublin City Bd. of Ed., 219 Ga.App. 121, 122, 464 S.E.2d 251 (1995). See Coffee County School Dist. v. Snipes, 216 Ga.App. 293, 294, 454 S.E.2d 149 (1995); accord Woodard v. Laurens County, 265 Ga. 404, 405(1), 456 S.E.2d 581 (1995).
Nor could Darnell prevail against the Board on his claims asserted under 42 USC § 1983 for alleged deprivation of federal rights under color of state law. In order to impose liability under 42 USC § 1983, Darnell had to show a nexus between a policy of the Board and the alleged violation of his federally protected rights. Tillman v. Mastin, 216 Ga.App. 3, 4, 453 S.E.2d 85 (1995). This he failed to do. Darnell offered no evidence that the Board intentionally or deliberately promulgated or tolerated any impermissible policy. Tillman, 216 Ga.App. at 4, 453 S.E.2d 85. See Ga. Dept. of Human Resour. v. Poss, 263 Ga. 347, 348(1), 434 S.E.2d 488 (1993) ().
Further, because Snyder had official immunity in these circumstances, he was entitled to summary judgment. State law imposes a duty upon every principal to exercise control over school buildings and grounds to prohibit the presence of persons who do not have a legitimate need to be on the school premises. OCGA § 20-2-1180. Even assuming for the sake of argument only that Snyder improperly exercised his discretion by having Darnell removed from the gymnasium, he and the Board were entitled to immunity. Hemak v. Houston County School Dist., 220 Ga.App. 110, 114, 469 S.E.2d 679 (1996).
As to the claims lodged against Davis and West, Darnell failed to offer evidence that their actions were wilful, malicious, or corrupt or undertaken in reckless disregard for his safety. Alford v. Osei-Kwasi, 203 Ga.App. 716, 721(2), 418 S.E.2d 79 (1992). The officers did not place Darnell under arrest and Darnell admitted that they did not inflict any injury which necessitated medical attention. Even assuming arguendo that Davis and West acted negligently in the manner in which they escorted Darnell, as law enforcement officials, they were entitled to qualified immunity for discretionary acts performed in a negligent manner. Banks v. Patton, 202 Ga.App. 168, 169(2), 413 S.E.2d 744 (1991); Joyce v. Van Arsdale, 196 Ga. App. 95, 96, 395 S.E.2d 275 (1990). See Christensen v. State of Ga, 219 Ga.App. 10, 14(7), 464 S.E.2d 14 (1995).
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