Johns v. Ridley
| Decision Date | 21 July 2000 |
| Docket Number | No. A00A1294, No. A00A1295. |
| Citation | 537 S.E.2d 746,245 Ga. App. 710 |
| Court | Georgia Court of Appeals |
| Parties | JOHNS et al. v. RIDLEY et al. Heard County Department of Family & Children Services v. Johns et al. |
OPINION TEXT STARTS HERE
David C. Moss, for appellants.
Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Loretta L. Pinkston, Senior Assistant Attorney General, Kimberly L. Schwartz, Assistant Attorney General, for appellees. JOHNSON, Chief Judge.
Jane Johns worked for Heard County Department of Family & Children Services ("DFCS") as a child protective services worker. She claims that from May 1994 to June 1995 she was harassed by Jere Ridley, her supervisor at DFCS, resulting in claims of libel, slander, intentional infliction of emotional distress and invasion of privacy. Her husband, Thomas Johns, alleges he suffered a loss of consortium and intentional infliction of emotional distress. Both these appeals stem from the trial court's order granting summary judgment to Ridley and partial summary judgment to DFCS.
In Johns v. Ridley, Jane and Thomas Johns appeal the trial court's grant of summary judgment to Ridley. At issue is whether Ridley is immune from liability under OCGA § 50-21-25(a), which holds that a state employee who commits a tort while acting within his official duties or employment is not subject to lawsuit or liability therefor. Jane Johns claims that Ridley should be individually liable because he acted with actual malice or with an intent to cause injury in the performance of his official functions. Other issues include whether the trial court erred in finding Jane Johns' claim for invasion of privacy should be dismissed and whether the trial court erred in finding that Thomas Johns does not have a direct claim against Ridley.
1. Jane Johns claims the trial court erred in finding that statutory immunity barred all claims against Ridley individually. We agree.
OCGA § 50-21-25(a) provides:
This article constitutes the exclusive remedy for any tort committed by a state officer or employee. A state officer or employee who commits a tort while acting within the scope of his or her official duties or employment is not subject to lawsuit or liability therefor. However, nothing in this article shall be construed to give a state officer or employee immunity from suit and liability if it is proved that the officer's or employee's conduct was not within the scope of his or her official duties or employment.
The trial court found that Ridley's conduct fell within the scope of his employment and, therefore, Johns' suit against him was barred by statutory immunity. Johns apparently concedes that Ridley's conduct fell within his scope of employment since she does not allege this finding as error on appeal. However, Johns argues that the trial court erred in applying statutory immunity because Ridley acted with actual malice or with actual intent to cause injury in the performance of his official functions.
The 1991 amendment to the Georgia Constitution provides that state officers and employees "may be liable for injuries and damages if they act with actual malice or with actual intent to cause injury in the performance of their official functions."1 In the context of official immunity, actual malice means a deliberate intention to do a wrongful act, and such an act may be accomplished with or without ill will and whether or not injury was intended.2
On Ridley's motion for summary judgment, we must construe the evidence in favor of Johns and her husband; Johns and her husband are given the benefit of all doubts and all reasonable inferences therefrom are indulged in their favor.3 The burden is on Ridley to show that no genuine issue of material fact exists and that he is entitled to summary judgment as a matter of law.4 Since Ridley has failed to meet this burden, the grant of summary judgment based on statutory immunity was error.
The 13-month course of conduct to which Jane Johns attests establishes that Ridley may have acted with actual malice or with actual intent to cause injury in the performance of his official functions as Director of DFCS and Johns' supervisor. For example, the evidence shows that when Johns told Ridley she was going to call personnel and report his conduct, Ridley physically threatened her when he stood up, leaned over the desk and drew back his fist as if to hit her. Johns also claims Ridley called her to his office and told her he had killed a dog and stuffed it in the owner's mailbox because the owner had made him mad. He then reminded Johns that he knew where she lived. Ridley was aware from multiple photographs on Johns' desk that she had a pet dog. Ridley later called Johns into his office and told her, "you screw me in the back again, I'll get you and you won't even know what happened." Johns further describes a number of other deliberate actions taken by Ridley over the 13-month period in an effort to force Johns to quit.
Whether this evidence is credible or rises to the level of actual malice or actual intent to harm is for a jury to decide.5 Jane Johns' complaint and affidavit allege a number of deliberate actions taken by Ridley and assert that Ridley's conduct has been with actual malice and with actual intent to cause injury, including mental and physical distress, loss of enjoyment of life, and loss of her employment. The intention with which an act is done is peculiarly a question for the jury, and proof of actual malice does not readily lend itself to summary disposition.6 Since the evidence, construed in favor of Johns, presents facts from which a rational trier of fact could find the existence of actual malice or actual intent to injure, the trial court erred in granting summary judgment to Ridley.
2. The trial court did not err in finding that Jane Johns' claims for invasion of privacy should be dismissed. An invasion of privacy must fall within one of the following four categories: (1) intrusion upon Johns' seclusion or solitude, or into her private affairs; (2) public disclosure of embarrassing facts about Johns; (3) publicity which places Johns in a false light in the public eye or (4) appropriation of Johns' name or likeness for Ridley's advantage.7 Jane Johns' claims for invasion of privacy are based upon Ridley's alleged intrusion upon her seclusion, solitude and private affairs, specifically her marital relationship and bond.
With regard to this type of invasion of privacy, the Supreme Court has held that the "unreasonable intrusion" aspect involves a prying or intrusion, which would be offensive or objectionable to a reasonable person, into a person's private concerns.8 We agree with the trial court's determination that Jane Johns' allegations do not constitute an unreasonable intrusion which would support a claim of an invasion of privacy.
Johns worked as a DFCS child protective services supervisor. As part of her job, she wore a pager and was on call twenty-four hours a day, seven days a week for the caseworkers working under her, her supervisor and the various police agencies. Johns' affidavit alleges Ridley contacted her at her home on a number of occasions. However, she does not allege that any of these conversations involved a discussion of personal or private matters, or matters unrelated to her employment. Johns' husband spoke with Ridley only one time to tell him that he did not wish to speak with Ridley. Calling Johns at home about work-related matters does not rise to the level of an unreasonable intrusion upon her seclusion or solitude, or into her private affairs. Although Ridley's conduct as a whole may rise to the level of intentional infliction of emotional distress, Jane Johns' affidavit simply does not support a cognizable claim for invasion of privacy.9
3. The trial court did not err in finding that Thomas Johns does not have a direct claim against Ridley. Thomas Johns' testimony is that Ridley intentionally inflicted emotional distress upon him by harassing his wife. He testified to no act committed upon him personally. In fact, Thomas Johns' only direct contact with Ridley was initiated by Thomas Johns, when he attempted to send dead flowers to Ridley's office. None of the conduct allegedly committed by Ridley was committed against Thomas Johns or in his presence. Thus, the record is devoid of any evidence establishing a direct claim against Ridley for either intentional infliction of emotional distress or invasion of privacy.10
Likewise, the record is devoid of any evidence establishing that Thomas Johns has a direct cause of action against DFCS for either intentional infliction of emotional distress or invasion of privacy. Thomas Johns' only contact with a representative of DFCS was a meeting he had with a Department of Human Resources' employee where he discussed the situation between his wife and Ridley. The employee promised to look into the matter. Based on the evidence in the record, Thomas Johns' only possible claim is a derivative loss of consortium claim, and the trial court properly granted Ridley's and DFCS's motions for summary judgment on any independent claim alleged by Thomas Johns.
In Dept. of Family &c. Svcs. v. Johns, DFCS appeals from the trial court's grant of partial summary judgment to DFCS, claiming it was entitled to summary judgment on all grounds. While the trial court dismissed a number of Jane and Thomas Johns' claims, it left pending Jane Johns' claim for intentional infliction of emotional distress, Thomas Johns' claim for loss of consortium, and a claim for attorney fees. DFCS argues on appeal that summary judgment should have been granted in its favor on all claims.
4. DFCS first claims that the trial court erred in denying its motion for summary judgment with regard to Jane Johns' claim for intentional infliction of...
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