Haywood v. Hughes

In Haywood v. Hughes, 238 Ga. 668 (235 S.E.2d 2), Glascock County taxpayers sued the county commissioners, alleging they were not empowered to pass a resolution authorizing the payment of attorney fees the sheriff incurred in defending two civil rights actions. The Supreme Court disagreed, holding that Code Ann. 89-945 [now O.C.G.A. 45-9-21 (a)] authorizes a county to expend funds to pay attorney fees for the defense of actions against a sheriff for the violation of civil rights where the county has adopted a general policy to pay attorney fees in such actions. Id. at 669. The statute was held constitutional in Horn v. City of Atlanta, 236 Ga. 247 (223 S.E.2d 647). The Court went on to hold that the county commissioners' resolution constituted "the adoption of a policy to pay attorney fees in the defense of two 'specified' cases against the sheriff" and was "within the authority given under the statute." Haywood v. Hughes, 238 Ga. at 669 supra.