Leake v. Murphy

In Leake v. Murphy, 274 Ga. App. 219 (617 SE2d 575) (2005) (overruled on other grounds in Murphy v. Bajjani, supra), plaintiffs claimed "negligent failure to implement and enforce measures designed to control access to the school as well as to monitor people entering the school under a sign-in policy developed a year earlier." Id. at 220. The Court held that "the failure of defendants . . . to monitor the entrance lobby to guard against assailants like Hagaman is a 'complete failure to perform a discretionary act.'" Id. at 226 (3). Leake was not merely a failure to enforce a sign-in policy, but specifically a failure to enforce that policy by devising a method of monitoring the entrance to the school -- a discretionary act.