Anderson v. Sentinel Offender Services, LLCAnnotate this Case
In "Sentinel Offender Services, LLC. v. Glover," (766 SE2d 456) (2014)), the Georgia Supreme Court concluded that Georgia’s private probation statutory framework (OCGA 42-8-100 et seq.) did not allow for the tolling of misdemeanor probationers’ sentences. As noted in "Sentinel I," however, that case provided no occasion to consider whether such tolling might be permissible as a matter of common law, and, if so, whether this tolling doctrine had been abrogated by legislation. The United States District Court for the Southern District of Georgia certified questions of Georgia law to the Supreme Court relating to the tolling issue. Richard Anderson filed a complaint against Sentinel Offender Services, LLC. (“Sentinel”), seeking relief for false arrest, malicious arrest, malicious prosecution, intentional infliction of emotional distress, and false imprisonment stemming from his arrests for violations of his probation, which had been deemed tolled; Sentinel subsequently moved for summary judgment. The district court concluded that Anderson’s civil action hinged on the question of common-law tolling. The Supreme Court responded to the district court's questions with conclusions that: (1) common law tolling remained in force with respect to misdemeanor probation; and (2) common law tolling was not abrogated by the State-wide Probation Act.