Applicability of Sovereign Immunity Doctrine

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The applicability of the doctrine of sovereign immunity to the board of regents is reaffirmed, except to the extent that the General Assembly may expressly provide.

(Ga. L. 1976, p. 452, § 1.)

Cross references.

- Waiver of sovereign immunity in nuclear facility liability insurance, § 20-3-71.

Waiver of sovereign immunity in actions for breach of written contracts entered into by the state, its departments, and others, § 50-21-1.

Law reviews.

- For survey article on torts, see 34 Mercer L. Rev. 271 (1982). For comment, "Keeping the Arms in Touch: Taking Political Accountability Seriously in the Eleventh Amendment Arm of the State Doctrine," see 64 Emory L.J. 819 (2015).

JUDICIAL DECISIONS

OPINIONS OF THE ATTORNEY GENERAL

Employment by board of regents constitutes employment by state department or agency.

- Employment by the board of regents in a position in the University System of Georgia is employment by or the rendition of services for a state department or agency. 1981 Op. Att'y Gen. No. 81-13.

RESEARCH REFERENCES

Am. Jur. 2d.

- 15A Am. Jur. 2d, Colleges and Universities, § 44.

C.J.S.

- 14A C.J.S., Colleges and Universities, § 53.

ALR.

- Remedy available against invalid judgment in favor of United States, state, or other governmental unit immune to suit, 163 A.L.R. 244.

Civil liability of school officials for malicious prosecution, 66 A.L.R.2d 749.

Tort liability of public schools and institutions of higher learning, 86 A.L.R.2d 489.

Modern status of doctrine of sovereign immunity as applied to public schools and institutions of higher learning, 33 A.L.R.3d 703.

Tort liability of public schools and institutions of higher learning for accidents due to condition of buildings or equipment, 34 A.L.R.3d 1166.

Tort liability of public schools and institutions of higher learning for accident occurring during school athletic events, 35 A.L.R.3d 725.

Tort liability of public schools and institutions of higher learning for accidents associated with chemistry experiments, shopwork, and manual or vocational training, 35 A.L.R.3d 758.

Tort liability of private schools and institutions of higher learning for accidents due to condition of buildings, equipment, or outside premises, 35 A.L.R.3d 975.

Tort liability of public schools and institutions of higher learning for injuries resulting from lack or insufficiency of supervision, 38 A.L.R.3d 830.

Liability of school authorities for hiring or retaining incompetent or otherwise unsuitable teacher, 60 A.L.R.4th 260.

Tort liability of college, university, fraternity, or sorority for injury or death of member or prospective member by hazing or initiation activity, 68 A.L.R.4th 228.

Admissibility, in homicide prosecution, of evidence as to tests made to ascertain distance from gun to victim when gun was fired, 11 A.L.R.5th 497.

Tort liability of public schools and institutions of higher learning for accidents associated with the transportation of students, 23 A.L.R.5th 1.

Tort liability for hazing or initiation rituals associated with schools, colleges, or universities, 100 A.L.R.6th 365.


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