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New Grant of Interlocutory Application in Civil Case – February 17, 2010

February 17, 2010

The Supreme Court of Georgia has granted no new petitions for certiorari in civil cases in the last week, but has granted one interlocutory application in a civil case originating from Jackson County.


This case originated from the firing of the City of Jefferson Police Chief, Darren Glenn.  After being terminated, Glenn was investigated and indicted by a grand jury in 2007 on various charges, but the grand jury reversed its indictment a few months later.  Glenn later brought this action against the mayor of Jefferson and other city officials for wrongful termination, mental anguish, and loss of reputation.  A copy of the Complaint is posted on our site.

After interlocutory rulings by the Superior Court, Glenn’s attorney, former Georgia Attorney General Mike Bowers applied for interlocutory review of the Superior Court’s decisions.

The Supreme Court unanimously granted the Application for Interlocutory Appeal on February 11, 2010, and requested the parties address the following issues in their briefs:

  1. Whether the trial court erred in ruling that, in a procedural due process claim involving the denial of a liberty interest, the presence of an adequate procedural remedy to cure the alleged procedural deprivation does not defeat the plaintiff’s claim. See Camden County v. Haddock, 271 Ga. 664, 665 (523 SE2d 291) (1999); Cotton v. Jackson, 216 F3d 1328, 1330-1333 (11th Cir. 2000).
  2. Whether, if the trial court did err in this ruling, the writ of mandamus constitutes an adequate procedural remedy in this case.
  3. Whether the trial court correctly interpreted the claims raised under OCGA § 36-33-4 in light of Art. I, Sec. II, Par. IX (d) of the 1983 Georgia Constitution, as amended. Oglethorpe Development Group v. Coleman, 271 Ga. 173, 173-174 (516 SE2d 531) (1999).

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