Actions by or Against Public Officers Who Have Left Office

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. General Provisions
  5. Actions by or Against Public Officers Who Have Left Office

Checkout our iOS App for a better way to browser and research.

  1. When an action has been commenced by or against a public officer of the state in his official capacity and such officer's successor in office has been substituted as a party pursuant to subsection (d) of Code Section 9-11-25, such action shall proceed as if no change of parties had been made, provided that it shall be within the discretion of the court to allow the successor in office such time as it may deem necessary to appear, plead, or otherwise proceed with such action.
  2. This Code section shall not apply to actions against officers for damages on account of tortious acts committed by such officer under color of office, which actions survive against such officer or his personal representatives, notwithstanding the death, resignation, removal, or expiration of the term of such officer.
  3. This Code section shall relate only to actions commenced by or against state officers in their official capacity and shall not relate or apply to actions commenced by or against municipal, district, or county officers.

(Ga. L. 1941, p. 516, §§ 2, 4, 5; Ga. L. 1990, p. 8, § 45.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 400.

C.J.S.

- 67 C.J.S., Officers and Public Employees, §§ 356, 357.

ALR.

- Responsibility of public officer for negligence of subordinate in operation of vehicle, 3 A.L.R. 149.

Personal liability of public officer for killing or injuring animal while carrying out statutory duties with respect to it, 2 A.L.R.3d 822.


Download our app to see the most-to-date content.