Official Immunity Doctrine Georgia
"In Georgia, the doctrine of official immunity provides that a public officer or employee may be personally liable for his negligent ministerial acts, but he may not be held liable for his discretionary acts unless such acts are wilful, wanton, or outside the scope of his authority." Clive v. Gregory Clive v. Gregory, 280 Ga. App. 836, 841 (2) (635 SE2d 188) (2006).
"The rationale for this immunity is to preserve the public employee's independence of action without fear of lawsuits and to prevent a review of his or her judgment in hindsight." McDowell v. Smith. McDowell v. Smith, 285 Ga. 592, 593 (678 SE2d 922) (2009).
A ministerial act is one that is simple, absolute, and definite, arising under conditions admitted or proved to exist, and requiring merely the execution of a specific duty. a discretionary act calls for the exercise of personal deliberation and judgment, which in turn entails examining the facts, reaching reasoned conclusions, and acting on them in a way not specifically directed. Procedures or instructions adequate to cause an act to become merely ministerial must be so clear, definite and certain as merely to require the execution of a relatively simple, specific duty. Kennedy v. Mathis, 297 Ga. App. 295, 297 (1) (676 SE2d 746) (2009).