Department of Labor v. McConnell and Vice Versa.

Summary

The Supreme Court of Georgia held that the Georgia Torts Claims Act waived the State's sovereign immunity for McConnell's tort claims because the alleged conduct was committed by a state employee acting within the scope of employment and was not subject to an applicable statutory exception. The Court nevertheless affirmed dismissal because the complaint failed to state claims for negligence, breach of fiduciary duty, or invasion of privacy. The Court rejected a generalized common-law duty to avoid unreasonable risks, found no fiduciary relationship, and concluded that the disclosed information was neither reputation-affecting nor offensive and objectionable. No separate opinions were filed.