Legal Database

About
The Legal Database is a compilation of state and federal court cases, as well as Federal administrative rulings and Georgia Attorney General opinions. The cases, rulings and opinions cited impact, or have the potential to impact, the operation of Georgia's municipal governments.

The contents of GMA's quarterly publication, "Legal Briefs", are archived in this database.
 
The write-ups contained in this database are provided for educational purposes only and are not intended to be legal advice. Consult with your city attorney to obtain legal advice about a proposed course of action.
Case Name
Court
Summary
Decision Date
11th Circuit
This lawsuit was filed by a group of individuals and organizations who objected to the City of Lakeland’s decision to relocate a Confederate monument from one city park to another. Plaintiffs contended that the relocation violated their rights under the First Amendment’s ...
Jun 22, 2020
Superior Court of DeKalb County
Plaintiff, in his official capacity as City Attorney of the City of Decatur, filed a Complaint to Abate a Public Nuisance as well as an Emergency Motion for Interlocutory Abatement of Nuisance. The Complaint argued that as the Confederate obelisk located on real property owned by DeKalb ...
Jun 12, 2020
11th Circuit
Peter Attwood sued Florida Representative Charles W. Clemons, Sr. for blocking him on Twitter and on Facebook. In response, Clemons asserted Eleventh Amendment immunity and absolute legislative immunity, and moved to dismiss the complaint. The district court denied those assertions of ...
Jun 11, 2020
11th Circuit
The Plaintiffs were aspiring tour guides in Charleston, South Carolina. Pursuant to the Charleston’s Tour Guide Licensing Ordinance (the “Ordinance”) before leading a paid tour through Charleston, a prospective guide must obtain a license requiring the passage of ...
Jun 11, 2020
U.S. Supreme Court
In this Article III standing case, the U.S. Supreme Court held 5-4 that the plaintiffs lacked standing because they did not have a concrete stake in the lawsuit. Plaintiffs Thole and Smith are retirees in U.S. Bank’s defined benefit retirement plan, and receive a fixed monthly ...
Jun 1, 2020
United States District Court, D. South Dakota, Central Division
This case involves six Plaintiffs that claimed they were illegally catheterized so that police could test their urine for drugs. After discovery, all the Defendants moved for summary judgment on all claims, and all the Plaintiffs moved for summary judgment on their liability ...
May 12, 2020
Georgia Court of Appeals
This case involves a commercial property owner who brought an action against the city and county, in which Plaintiff asserted claims for inverse condemnation and nuisance and sought damages caused by a damaged drainage system, which the Plaintiff argued was the county’s responsibility ...
May 11, 2020
Georgia Supreme Court
Georgia's Code Revision Commission, acting on behalf of the Georgia Legislature and State of Georgia, brought an action against a nonprofit organization, Public.Resource.Org (PRO), the purpose of which is facilitating public access to legal materials, alleging that ...
Apr 27, 2020
STATE COURT OF HENRY COUNTY
This matter arises from an automobile collision. Plaintiff alleged that a City of McDonough employee driving a city-owned vehicle, negligently caused the accident, injuring Plaintiff and damaging his vehicle. However, the pertinent issue in this case concerns the sufficiency of the ante ...
Apr 20, 2020
11th Circuit
Victims of a nightclub shooting and their estates brought a § 1983 action against the city and a city police officer alleging violations of due process and Fourth Amendment rights, unlawful detention, and failure to train employees. The District Court granted the Defendants&rsquo ...
Apr 6, 2020
Georgia Supreme Court
A Plaintiff sued the DeKalb County Board of Commissioners for violating the Georgia Open Meetings Act, when they voted to raise members’ salaries by 60 percent without providing proper notice of its intent to pass the pay increase. The trial court dismissed the claim. The Plaintiff ...
Mar 13, 2020
Georgia Supreme Court
In this case, the Plaintiff was injured in an accident caused by a man fleeing the police. The Plaintiff sued the Georgia Department of Public Safety (DPS), alleging its officers’ actions contributed to the accident and his injuries. The Supreme Court of Georgia addressed the question ...
Feb 28, 2020
Georgia Court of Appeals
Plaintiffs, several taxicab companies brought an action against the city for breach of their franchise agreement and breach of contract allegedly arising out of city's issuance of taxicab permits and taxicab certificates of public necessity and convenience (“CPNCs&rdquo ...
Feb 20, 2020
2nd Circuit
In a ruling concerning the Visual Artists Rights Act of 1990 (“VARA”) which grants certain “moral rights” to visual artists, the Second Circuit affirmed a district court ruling that a real estate developer was liable under VARA for $6.75 million in statutory damages ...
Feb 20, 2020
11th Circuit
Plaintiff sued the City of McDonough, Georgia, for claims related to her misdemeanor proceedings in municipal court for failure to maintain automobile liability insurance. She was unable to pay the fines issued. As a result, Plaintiff was arrested at her home on and jailed. She was released ...
Feb 11, 2020
11th Circuit
This case relates to the question of whether a private citizen can bring suit against the state under the Voting Rights Act of 1965 (“VRA”).  Generally, suits against a state by citizens are prohibited under the Eleventh Amendment, but there are exceptions to this rule. In ...
Feb 3, 2020
United States District Court, M.D. Georgia, Albany Division
Plaintiff brought this action to challenge the method of electing members of the Board of Education in Sumter County, Georgia. Plaintiff contends that the current election plan's two at-large seats and high concentration of African-American voters in Districts 1 and 5 dilute African ...
Jan 31, 2020
8th Circuit
The Plaintiff, an arrestee, filed a § 1983 action against the city, the court clerk, and the municipal judges alleging unlawful arrest, detention, and prosecution, setting of excessive cash-only bond, and civil conspiracy to arrest, detain, and prosecute him. The District Court ...
Jan 28, 2020
8th Circuit
Plaintiff wrote four checks on insufficient funds in violation of Arkansas law.  She alleges that, as a result, she became “caught in a never-ending cycle of court proceedings” which resulted in fines, arrests, and days in jail.  Plaintiff sued the city of Sherwood ...
Jan 28, 2020
U.S. District Court, Northern District of Georgia
This matter relates to an adult entertainment nightclub which, after it had been issued two citations for alleged violations of city's alcohol and fire codes, brought an action against the city and the police officers based on a claim of an unreasonable search under the Fourth Amendment ...
Jan 16, 2020
U.S. District Court, Northern District of Georgia
Approximately two months before the 2018 Georgia state general election, this Court recognized in its first preliminary injunction order that the State had “stood by for far too long” in failing to address the “mounting tide of evidence of the inadequacy and security risks ...
Jan 10, 2020
5th Circuit
A city employee who worked as a Firefighter objected to the city’s TDAP vaccine requirement on religious grounds. The Plaintiff brought an action against the city and fire chief, alleging religious discrimination and retaliation in violation of Title VII and the Texas Commission on ...
Jan 9, 2020
11th Circuit
This case stems from the county board of commissioners’ decision to grant the Plaintiff a special land use permit to construct a telecommunications tower. However, the permit was granted on the condition that the Plaintiff move the tower 300 feet east of the proposed location ...
Jan 8, 2020
6th Circuit
A former firefighter brought an action against the city, fire chief, and city human resources director asserting First Amendment retaliation and due process claims under § 1983, as well as Title VII claims alleging he was subjected to a hostile work environment and terminated due to ...
Dec 11, 2019
5th Circuit
In this case a white former city employee brought an action against the city, alleging that her termination and the later decision of the city not to rehire her was based upon race, and as such violated Title VII and § 1981. The District Court granted the city's motion for summary ...
Dec 10, 2019