Georgia, et al. v. Sass Group, LLC et al.Annotate this Case
In November of 2020, the people of Georgia, through the results of a ballot question posed in the general election, amended the State Constitution to allow for a specific waiver of sovereign immunity. This new waiver allowed citizens to sue the State for declaratory relief ("Paragraph V"). To the extent that citizens obtain a favorable ruling on their claim for declaratory relief, they could then also seek injunctive relief to “enforce [the court’s] judgment.” To take advantage of this new waiver of the doctrine of sovereign immunity, however, the Constitution provided that such actions had to be brought “exclusively” against the State. When a plaintiff’s suit violated this exclusivity provision, the Constitution required the suit be dismissed. In the underlying appeal, the plaintiffs’ suit named a defendant for whom a waiver was not provided by Paragraph V. Accordingly, the Constitution required the suit to be dismissed. The Georgia Supreme Court therefore vacated the trial court’s grant of an interlocutory injunction, reversed the denial of the State’s motion to dismiss, and remanded this case with direction that it be dismissed.