Hicks v. McGee
Annotate this CasePlaintiff, a prisoner who was incarcerated 22 months past his release date, sued appellants alleging that they failed to comply with OCGA 42-5-50(a) by notifying the Department of Corrections (DOC) of his amended sentence. At issue was whether the court of appeals correctly found that appellants, in their respective individual capacities as Clerk of the Superior Court of Fulton County and an employee in that office, were entitled to official immunity for their actions in regard to OCGA 42-5-50(a). The court held that because the specific actions mandated by OCGA 42-5-50(a) were ministerial and were unambiguously triggered by the amended order, the court of appeals correctly concluded they were not within the scope of official immunity and reversed the trial court's ruling to the contrary. The court disapproved, however, of the court of appeal's holding to the extent that it was based upon the law of the case doctrine.
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