Official immunity and sovereign immunity, while similar concepts, are not equivalent. State v. Int'l Indem. Co., 823 S.E.2d 806, 810 (Ga. 2019) (“Sovereign immunity and official immunity are distinct doctrines.”)
This is because "[s]overeign immunity and official immunity are distinct doctrines." State of Ga. v. International Indemnity Co., 305 Ga. 126, 131 (2) (a) (823 S.E.2d 806) (2019). "[I]t is well settled that sovereign immunity shields from suit the State and its departments and agencies, including claims against the State's officers or employees in their official capacity,
But “[s]overeign immunity and official immunity are distinct doctrines.” State v. Int'l Indem. Co., 823 S.E.2d 806, 810 (Ga. 2019). “Thus, to pursue claims against the County [Defendants], [Plaintiff] must point to a waiver of . . . sovereign immunity regardless of whether any individual county official does or does not have official immunity.”
To clarify, sovereign immunity and official immunity are "distinct doctrines." State v. Int11 Indem. Co., 823 S.E.2d 806, 810 (Ga.Ct.App. 2019). "[S]overeign immunity shields from suit the State and its departments and agencies, including claims against the State's officers or employees in their official capacity."
(Doc. 6, pp. 2-4); see also Davis v. Standifer, 621 S.E.2d 852, 856 (Ga.Ct.App. 2005) (noting the GTCA recognizes official immunity in O.C.G.A. § 50-21-25(a)). However, to clarify, sovereign immunity and official immunity are “distinct doctrines.” State v. Int'l Indemnity Co., 823 S.E.2d 806, 810 (Ga.Ct.App. 2019). “[S]overeign immunity shields from suit the State and its departments and agencies, including claims against the State's officers or employees in their official capacity.” Id. In contrast, “official immunity provides public officers and employees limited protection from suit in their personal capacity.” Id.
McFadden, Chief Judge.The decision of this court in State of Ga. v. International Indemnity Company , 343 Ga. App. 647, 809 S.E.2d 64 (2017) has been affirmed in part and reversed in part by the Supreme Court of Georgia in State of Ga. v. International Indemnity Company , 305 Ga. 126, 823 S.E.2d 806 (2019). Accordingly, the parts of our decision that have been reversed are hereby vacated, the judgment of the Supreme Court is made the judgment of this court, and the case is remanded to the trial court for further proceedings consistent with the Supreme Court’s judgment.