McDay v. City of Atlanta
| Decision Date | 10 June 1992 |
| Docket Number | No. A92A0561,A92A0561 |
| Citation | 204 Ga.App. 621,420 S.E.2d 75 |
| Parties | McDAY v. CITY OF ATLANTA et al. |
| Court | Georgia Court of Appeals |
Katrina L. Breeding, Atlanta, for appellant.
June D. Green, Overtis H. Brantley, Michael V. Coleman, Atlanta, for appellees.
The undisputed material facts in this wrongful death action are as follows: Appellee-defendants Carl Price and S.C. Cartwright, who are police officers of appellee-defendant City of Atlanta, arrested appellant-plaintiff's decedent, Robert Wadley, on a charge of murder. The suspected murder weapon, a loaded pistol, was confiscated from Wadley's residence. Wadley was handcuffed, and brought to a police station for questioning. There, Officer Price placed on the desk in his office two unsealed evidence envelopes. One envelope contained Wadley's pistol, which had been unloaded, and the other envelope contained the bullets. Meanwhile, Wadley had been taken into an interview room where, after being uncuffed and questioned, he gave a statement admitting the shooting, but claiming self-defense. Wadley was then left unattended and unrestrained while he examined his transcribed statement. Unobserved, he left the interview room and entered Officer Price's office, which was unlocked and unoccupied. There, he removed the pistol from the evidence envelope on the desk, loaded it with the bullets from the other envelope, and shot himself.
On this evidence, the trial court granted summary judgment in favor of appellees. Appellant appeals, urging that genuine issues of material fact remain as to her right to recover for the death of Wadley.
1. As against appellee-defendant former Police Chief Redding, the complaint alleges a claim of direct liability in that he failed adequately to "train and supervise [Officers] Price and Cartwright...." OCGA § 36-33-4.
The operation of a police department, including the degree of training and supervision to be provided its officers, is a discretionary governmental function of the municipality as opposed to a ministerial, proprietary, or administratively routine function. See City of Atlanta v. Fry, 148 Ga.App. 269, 251 S.E.2d 90 (1978), aff'd 243 Ga. 517, 255 S.E.2d 48 (1979); Peeples v. City of Atlanta, 189 Ga.App. 888, 890-891, 377 S.E.2d 889 (1989). " " (Emphasis in original.) Hennessy v. Webb, 245 Ga. 329, 330-331, 264 S.E.2d 878 (1980). "The record in the present case is utterly devoid of any conduct by [Chief Redding] which could remotely be construed as being sufficient to lift the shield that protects public officers acting colore officii." Partain v. Maddox, 131 Ga.App. 778, 785, 206 S.E.2d 618 (1974). Accordingly, the trial court correctly granted summary judgment in favor of Chief Redding. Merely styling a suit against a public officer as one brought against him personally does not deprive him of any immunity to which he might otherwise be entitled for his official acts. Hennessy v. Webb, supra, 245 Ga. at 331, 264 S.E.2d 878.
2. There is unrebutted evidence that the decision whether to uncuff a suspect during a custodial interview is within the discretion of the officer. Absent evidence of malice, wilfulness, or corruption, a public officer is afforded immunity from liability to those who may be injured by the exercise of his discretion in the performance of his official duties. Hennessy v. Webb, supra at 330-331, 264 S.E.2d 878. Officers Price and Cartwright failed to anticipate and prevent the suicide of Wadley,...
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