2022 Georgia Code
Title 36 - Local Government
Chapter 33 - Liability of Municipal Corporations for Acts or Omissions
§ 36-33-4. Personal Liability of Councilmembers and Other Municipal Officers

Members of the council and other officers of a municipal corporation shall be personally liable to one who sustains special damages as the result of any official act of such officers if done oppressively, maliciously, corruptly, or without authority of law.

History. Civil Code 1895, § 752; Civil Code 1910, § 901; Code 1933, § 69-208.

History of Code section.

This Code section is derived from the decision in Pruden v. Love, 67 Ga. 190 (1881).

Cross references.

False arrest, false imprisonment, and malicious prosecution, T. 51, C. 7.

Law reviews.

For article, “Cities and Towns in Georgia: A Distinction with a Difference?,” see 14 Mercer L. Rev. 385 (1963).

For note discussing governmental immunity from tort liability in Georgia, see 5 Ga. St. B. J. 494 (1969).

For article, “Georgia Local Government Officers: Rights for Their Wrongs,” see 13 Ga. L. Rev. 747 (1979).

For article discussing origin and construction of Georgia law of personal liability for municipal officials, see 14 Ga. L. Rev. 239 (1980).

For article, “Individual Liability in Georgia Local Government Law: The Haunting Hiatus of Hennessy,” see 40 Mercer L. Rev. 27 (1988).

For article, “Local Government Tort Liability: The Summer of ’92,” see 9 Ga. St. U. L. Rev. 405 (1993).