Liability for Misconduct of Jailers

  1. Law
  2. Georgia Code
  3. Courts
  4. Sheriffs
  5. General Provisions
  6. Liability for Misconduct of Jailers

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Sheriffs are liable for the misconduct of their jailers as they are liable for their deputies; and persons injured by a jailer have the same option in bringing an action on the jailer's bond that they have in bringing an action on the deputy's bond, provided that the sheriff shall not be liable for such misconduct and no claim or cause of action against the sheriff for such misconduct shall exist unless one of the following conditions exists:

  1. The sheriff personally benefited financially from the act complained of;
  2. The sheriff was personally aware of and had actual knowledge of the act complained of and had actual knowledge that the act was illegal, was contrary to law, or was the breach of a duty imposed by law and either acted to cause or failed to prevent the act complained of; or
  3. The sheriff failed to exercise ordinary care and diligence to prevent the condition or act which proximately caused the injury complained of.

(Orig. Code 1863, § 335; Code 1868, § 396; Code 1873, § 360; Code 1882, § 360; Civil Code 1895, § 4379; Civil Code 1910, § 4913; Code 1933, § 24-2812; Ga. L. 1980, p. 493, § 1; Ga. L. 1982, p. 3, § 15.)

Cross references.

- Jails generally, § 42-4-1 et seq.

JUDICIAL DECISIONS

Liability for breach of duty arising out of official capacity.

- While this section makes sheriffs liable for the misconduct of jailers, the misconduct referred to is a breach of some duty arising out of official capacity. Tate v. National Sur. Corp., 58 Ga. App. 874, 200 S.E. 314 (1938).

No statute makes chief of police liable for misconduct of police officers.

- Contrary to the rule as to the liability of a sheriff for the tortious conduct of the sheriff's deputies in the line of duty, there is no statute that makes a chief of police liable for the tortious conduct of the individual police officers who serves under the chief. Massey v. Perkerson, 129 Ga. App. 895, 201 S.E.2d 830 (1973).

Cited in Drost v. Robinson, 194 Ga. 703, 22 S.E.2d 475 (1942); Fidelity-Phenix Ins. Co. v. Mauldin, 118 Ga. App. 401, 163 S.E.2d 834 (1968); Parris v. Slaton, 131 Ga. App. 92, 205 S.E.2d 67 (1974).

OPINIONS OF THE ATTORNEY GENERAL

Liability for acts or omissions of jailer.

- Sheriff of a county is responsible for the county jail and under certain circumstances the sheriff can be liable for the acts or omissions personally of the sheriff's jailer with reference to the treatment of prisoners incarcerated in the jail; the failure to keep someone on duty at the jail at all times could result in liability based on neglect. 1969 Op. Att'y Gen. No. 69-14.

Misconduct of jailers for which sheriffs are liable is breach of some duty arising out of official capacity. 1969 Op. Att'y Gen. No. 69-14.

RESEARCH REFERENCES

Am. Jur. 2d.

- 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 45 et seq.

C.J.S.

- 80 C.J.S., Sheriffs and Constables, § 54.

ALR.

- Liability for death of or injury to prisoner, 46 A.L.R. 94; 50 A.L.R. 268; 61 A.L.R. 569.


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