Securealert, Inc. v. Boggs
Citation | 815 S.E.2d 156 |
Decision Date | 21 May 2018 |
Docket Number | A18A0045,A18A0046 |
Parties | SECUREALERT, INC. et al. v. BOGGS et al. Judicial Electronic Monitoring Service, LLC et al. v. Boggs et al. |
Court | United States Court of Appeals (Georgia) |
Patrick Smith Flynn, Albany, for Appellant (Case No. A18A0045).
George P. Donaldson III, Misty Garrett Haskins, Albany, for Appellant (Case No. A18A0046).
Joseph Pryor Durham Jr., Albany, Rosser Adams Malone, Sidney Leighton Moore III, Atlanta, for Appellee.
Candace Boggs and other plaintiffs brought this wrongful death and personal injury action in the State Court of Dougherty County against SecureAlert, Inc., SecureAlert Monitoring, Inc., SecureAlert Enterprise Solutions, Inc., Emerge Monitoring, LLC, Judicial Electronic Monitoring Service, LLC, and Kathy Taylor-Parker.1 The defendants are electronic pretrial release and monitoring service providers that were responsible for monitoring two men who allegedly shot and killed Jamey C. Spurlock. The trial court denied the providers’ motions to dismiss the complaint. We granted the providers’ applications for interlocutory appeal to consider whether they are protected from civil liability by statute. We have consolidated these appeals,2 and, for the reasons explained below, we reverse.
This Court reviews a trial court’s ruling on a motion to dismiss de novo, viewing all well-pled allegations in the complaint as true. Carter v. Cornwell , 338 Ga. App. 662, 791 S.E.2d 447 (2016). In the complaint, the plaintiffs3 alleged that in December 2013 the providers had contracts with the sheriff of Dougherty County to provide electronic monitoring services for defendants given pretrial release. One or more of the providers were monitoring, via ankle bracelets, Demetrice and Kovarious Price, who were awaiting trial on charges of aggravated assault and robbery (Demetrice) and armed robbery, kidnapping, and possession of a firearm during the commission of a crime (Kovarious). The pretrial release bonds ordered by the Superior Court of Dougherty County required "total lock-down house arrest" and the wearing of GPS electronic monitoring ankle bracelets with wireless cell phones. The plaintiffs alleged that the providers lost the ability to determine the whereabouts of the Prices and failed to notify law enforcement of that fact. The plaintiffs alleged that in the weeks following the Prices’ release under house arrest they repeatedly violated the bond order by leaving their home and that the providers knew, or reasonably should have known, this and failed to notify law enforcement. On December 22, 2013, the Prices allegedly left their residence and shot and killed Jamey C. Spurlock during an armed robbery. The plaintiffs asserted claims for breach of contract (as third party beneficiaries), negligence, and negligence per se and alleged that the providers breached their duty to monitor the Prices, which proximately caused Spurlock’s death.
In their motions to dismiss, the providers argued, inter alia, that, taking the plaintiffs’ allegations as true, the providers are immune from civil liability for the Prices’ criminal acts pursuant to OCGA § 17-6-1.1 (i). OCGA § 17-6-1.1 authorizes a trial court to release a defendant from custody pending the trial of his or her case on the condition that the defendant comply with the terms and conditions of an electronic pretrial release and monitoring program which is approved pursuant to subsection (j) of the Code section. OCGA § 17-6-1.1 (a).4 The statute also authorizes the sheriff of a county to enter into agreements with approved providers of electronic pretrial release and monitoring services. Id. "Any person or corporation approved by the chief judge of the court and the sheriff in their discretion who meets the [specified] minimum requirements may be approved to provide electronic pretrial release and monitoring services[,]" OCGA § 17-6-1.1 (j), and "[a] bonding company, bonding agent, or probation service provider may be a provider of such services." OCGA § 17-6-1.1 (a).
The immunity provision, OCGA § 17-6-1.1 (i), provides:
No defendant released under an electronic pretrial release and monitoring program under this Code section shall be deemed to be an agent, employee, or involuntary servant of the county or the electronic pretrial release and monitoring provider while so released, working, or participating in training or going to and from the defendant’s place of employment or training. Neither the electronic pretrial release and monitoring provider nor the sheriff shall be civilly liable for the criminal acts of a defendant released pursuant to this Code section.
(Emphasis added.) As noted by the trial court, there is no Georgia law construing this statute or discussing the immunity of private companies under these circumstances. Because the arguments on appeal involve the meaning of the statute, (Citations and punctuation omitted.) Fulton County Bd. of Tax Assessors v. Greenfield Investment Group, LLC , 313 Ga. App. 195, 197-198, 721 S.E.2d 128, 130 (2011). "[W]hen a statute is plain and susceptible of but one natural and reasonable construction, a court must simply follow the literal language of the statute, unless doing so would lead to absurd or wholly impracticable consequences." (Citation and punctuation omitted.) City of Atlanta v. City of College Park , 311 Ga. App. 62, 68-69 (2), 715 S.E.2d 158 (2011).
(Citation and punctuation omitted.) Delta Airlines, Inc. v. Townsend , 279 Ga. 511, 512 (1), 614 S.E.2d 745 (2005).
As noted above, the second sentence of OCGA § 17-6-1.1 (i) provides that an electronic pretrial release and monitoring provider "shall not have no civil liability for the criminal acts of a defendant released pursuant to [the] Code section." The plaintiffs argue that interpreting this provision as protecting electronic pretrial release and monitoring providers from all civil liability for the criminal acts of monitored defendants renders the first sentence of the subsection superfluous. Specifically, the plaintiffs contend that the first sentence of the subsection (a supervised defendant "shall not be deemed to be an agent, employee, or involuntary servant of ... the electronic pretrial release and monitoring provider while so released, working, or participating in training or going to and from the defendant’s place of employment or training"5 ) protects a provider from imputed or vicarious liability based on the doctrine of respondeat superior, where the principal is entirely responsible for the agent’s negligence and the liability cannot be apportioned between the principal and the agent/tortfeasor.6 The plaintiffs contend that, if the second sentence provides absolute immunity to the monitoring company there would be no need for the General Assembly to state in the first sentence that monitoring companies are not liable based on agency principles or the theory of respondeat superior "because the absolute immunity would subsume that lesser immunity." We disagree.
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