Supreme Court of Georgia

The State v. Sass Group, LLC (two Cases)

March 15, 2023315 Ga. 893

Summary

The Supreme Court of Georgia held that the term “action” in Article I, Section II, Paragraph V of the State Constitution means an entire lawsuit, so a suit that invokes the sovereign‑immunity waiver must name only the State (or authorized local governments). Because the plaintiffs named the district attorney in her individual capacity, the suit must be dismissed; the court reversed the trial court’s denial of the State’s motion to dismiss, vacated the interlocutory injunction, and remanded with instructions to dismiss.