Can I sue a Georgia government employee personally for my injuries?

· 2 min read

Whether a public employee can be held personally liable depends heavily on which level of government employs the person and what kind of act caused the harm. Georgia treats individual liability differently for state employees than for many local employees, so the answer is not uniform across all government workers.

State employees are largely off-limits

For employees of the State of Georgia, the Tort Claims Act channels claims to the State itself. Under O.C.G.A. § 50-21-25, a state officer or employee who commits a tort while acting within the scope of official duties is not subject to a lawsuit, and the State is substituted as the proper party. In other words, the injured person sues the State agency, not the individual. This trades the chance to pursue the worker personally for a defined, if limited, claim against the government.

Local employees and the official-immunity test

Outside the Tort Claims Act, individual employees of counties, cities, and school systems can sometimes be sued personally, but official immunity stands in the way. For discretionary acts requiring judgment, the employee is protected unless the act was done with actual malice or an intent to cause injury. For ministerial acts, those that are simple, absolute, and definite, the employee can be liable for negligent performance.

Key points to keep in mind:

  • A state employee acting within official duties is generally immune; the State is named instead.
  • A local employee’s exposure depends on whether the act was discretionary or ministerial.
  • A discretionary act is shielded absent actual malice or intent to injure.
  • A negligently performed ministerial duty can support personal liability.

The bottom line

Suing a Georgia government employee personally is possible in some local-government situations, particularly for negligently performed ministerial duties or discretionary acts tainted by actual malice. For state employees acting within their official duties, however, the law generally bars the personal suit and points the claim at the State. Identifying the employer and classifying the act are the first steps in deciding which path applies.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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