Author: Paul Richardson

The Georgia Supreme Court recently ruled that schools cannot expel students for fighting if they can prove it was in self-defense, according to an article posted by the Atlanta Constitution-Journal. The ruling has altered the trajectories of countless students. State law does not make fighting illegal as long as the blows are in defense of oneself. The state’s supreme court held that this law applies to schools.

The Case at Issue

State law does not require someone to retreat if he or she reasonably believes there is a risk of harm from another’s imminent use of unlawful force, according to the court’s decision. The case was filed by an anonymous student who was expelled from a Henry County school. While the court’s decision did not change the law radically, it was the first time it ruled on a disciplinary case regarding the school districts. The plaintiff was kicked out of school over three years ago for fighting. During her disciplinary hearing, she testified that she was pushed first before she punched the other student. While she did not use the specific words “self-defense” the court noted the school district improperly never considered it. As a result, the court ordered Henry County reconsider the student’s case.

Zero Tolerance

 Many school districts have adopted a “zero tolerance” policy when it comes to fighting and expels anyone involved in a scuffle no matter the intention. Studies have shown that these policies increase the rate of suspensions and expulsions.

While the Georgia Supreme Court did not actually rule on whether self-defense applies in schools, the Appeals court did and the higher court supported that ruling. The appellate court ruled against Henry but also imposed a strict standard, placing the burden of proof on the school to disprove an assertion of self-defense. The ruling effectively made the school district’s criminal prosecutors shoulder the burden of proving beyond a reasonable doubt that the expelled student was the aggressor. The state supreme court, however, knocked down that rule and instead imposed a “more likely than not” burden on the school district. The supreme court also places the onus on the student to prove the act was in self-defense.

Contact a Georgia Lawyer

 If you or someone you care about has been expelled or suspended from school for fighting, and he or she acted in self-defense, contact a knowledgeable Georgia attorney right away.

EGCR’s Fun Legal Fact of the Week is here to help you get through the work week by sharing a random fact about a state law, regulation, and more!

The Energy Policy Act of 1992 became effective on October 24, 1992. This act was a United States Government Act and was established to set goals, create mandates, and overall increase the use of clean energy methods.

The Energy Policy Act of 1992 contains 27 titles involving, but not limited to: coal and clean coal power, renewable energy, and radioactive waste. As a result of a being established, the act also reformed the Public Utility Holding Company Act of 1935 and amended the Public Utility Regulatory Policies Act of 1978.

The Atlanta Constitution-Journal reports that the Georgia Supreme Court ruled earlier this summer that the state is immune from lawsuits challenging the constitutionality of statutes passed by Georgia’s General Assembly. The unanimous court decision struck down a challenge brought by three OB-GYN doctors against a state law prohibiting most abortions after 20 weeks of pregnancy. The supreme court upheld a prior ruling that came down last year in which a Fulton County judge dismissed the doctors’ case.

Fetal Pain Law

The United States Supreme Court (SCOTUS) upheld a woman’s right to an abortion until the point where the fetus is viable – now, considered around 24 weeks after conception – in 1973. A Georgia state law passed in 2012 states that physicians who perform post 20-week abortions can be charged with a felony and face up to 10 years in prison. The law also authorizes district attorneys to have access to patients’ medical records. Legislators claim that there is a governmental interest in protecting fetuses after the 20-week mark because they can feel pain. Physicians, on the other hand, challenged the statute – referred to as the “fetal pain” law – alleging that it violates the state’s privacy rights guaranteed under the constitution.

Supreme Court’s Decision

Georgia’s supreme court held that the state is protected from these types of lawsuits under the doctrine of sovereign immunity. Sovereign immunity traces its roots back to a centuries-old English principle that “the king can do no wrong.” The ruling bars cases against the state, its departments and agencies, and its officers in their official capacities. The decision includes requests for injunctions to stop the implementation of an unlawful statute and lawsuits that ask a Georgia judge to declare a law violates the constitution. The opinion noted, however, that relief may be obtained from threatened enforcement of unconstitutional laws if the suit is filed against government employees in their personal, not official, capacities.

The court also noted that lawmakers could waive sovereign immunity in lawsuits like the one challenging the fetal pain law. Waiver is not unheard of. Georgia lawmakers have previously enacted limited waivers of sovereign immunity. Two examples are breach-of-contract cases and tort claims filed against government agencies. The court also pointed to other available ways around sovereign immunity.

Stay Informed

Aside from the legal exercise of constitutionality, the law and the recent ruling has profound practical effects because many women have traveled to Georgia in the past years for these now-illegal abortions. For information on this law or if you have any other legal questions, contact a knowledgeable Georgia attorney today.

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NotaryCam price is $25 national signatures and $75 for international signatures.  NotaryCam is only available for iOs devices.