Fry v. City of Atlanta

Full title: FRY et al. v. CITY OF ATLANTA et al

Court: Supreme Court of Georgia

Date published: Apr 17, 1979

243 Ga. 517 (Ga. 1979)

255 S.E.2d 48

Opinion

34586.

ARGUED MARCH 12, 1979.

DECIDED APRIL 17, 1979.

Certiorari to the Court of Appeals of Georgia — 148 Ga. App. 269 ( 251 S.E.2d 90) (1978).

Johnson, Ward, Stanfield, Lanham Carr, James C. Carr, Jr., for appellants.

Ferrin Y. Mathews, Gary S. Walker, Nina Radakovich, for appellees.

NICHOLS, Chief Justice.

Certiorari was granted to review the decision of the Court of Appeals in City of Atlanta v. Fry, 148 Ga. App. 269 ( 251 S.E.2d 90) (1978).

After consideration of the issue of whether the operation of a police department, including the hiring, firing, promotion, demotion and transfer of officers, is a governmental or, instead, is a ministerial function, this court concludes that the majority of the Court of Appeals correctly decided the issue by holding that the function is governmental in nature.

Judgment affirmed. All the Justices concur.

NICHOLS, Chief Justice.

ARGUED MARCH 12, 1979 — DECIDED APRIL 17, 1979.