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Gipson v. Bowers

Supreme Court of Georgia
Sep 20, 1993
434 S.E.2d 490 (Ga. 1993)

Summary

stating that "the Governor and the Attorney General can take no official action against a sheriff unless there has been a criminal indictment"

Summary of this case from Manders v. Lee

Opinion

S93A1222.

DECIDED SEPTEMBER 20, 1993.

Mandamus. Fulton Superior Court. Before Judge Alexander.

Grady L. Gipson, pro se. Michael J. Bowers, Attorney General, John C. Jones, Senior Assistant Attorney General, for appellees.


Grady L. Gipson, as a concerned citizen, brought suit against Governor Zell Miller, Attorney General Michael Bowers, and the Georgia Peace Officer Standards and Training Council for failure to perform official duties in that the defendants have refused to remove from office Wesley Walraven, Sheriff of Forsyth County. Gipson charges Walraven has committed numerous crimes against citizens of Georgia. The lower court granted the defendant's motion to dismiss, concluding that it was without authority to compel the defendants to remove Sheriff Walraven from office. Gipson appeals, and we affirm.

"In a suit for mandamus, the duty which the complainant seeks to have enforced must be a duty arising by law, either expressly or by necessary implication; and the law must not only authorize the act to be done, but must require its performance." [Cits.]

Smith v. Branch, 215 Ga. 744-745 ( 113 S.E.2d 445) (1960). Gipson has cited no authority, nor have we found any, that would support his contention that the defendants in this case are required by law to seek Sheriff Walraven's removal from office. The Georgia Peace Officer Standards and Training Council, while it has authority to discipline and revoke the certification of police officers, has no authority to remove a sheriff from office, and the Governor and the Attorney General can take no official action against a sheriff unless there has been a criminal indictment. Accordingly, the decision of the lower court must be affirmed.

Judgment affirmed. All the Justices concur.


DECIDED SEPTEMBER 20, 1993.


Summaries of

Gipson v. Bowers

Supreme Court of Georgia
Sep 20, 1993
434 S.E.2d 490 (Ga. 1993)

stating that "the Governor and the Attorney General can take no official action against a sheriff unless there has been a criminal indictment"

Summary of this case from Manders v. Lee

stating that the Governor "can take no official action against a sheriff unless there has been a criminal indictment" first

Summary of this case from Manders v. Lee
Case details for

Gipson v. Bowers

Case Details

Full title:GIPSON v. BOWERS et al

Court:Supreme Court of Georgia

Date published: Sep 20, 1993

Citations

434 S.E.2d 490 (Ga. 1993)
263 Ga. 379

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