David Allen O'Neal v. Crawford County, Georgia
AdministrativeLaw Immigration
Whether a judgment against a county employee in his official capacity is unenforceable without personal jurisdiction over the attorney
QUESTIONS PRESENTED Under the Georgia Supreme Court Ruling in Lue v. Eady, 297 Ga. 321, 773 S.E. 2d 679 (GA 2015), a suit filed against a county employee in his official capacity is, in essence a claim against the county. Enforcement against an attorney for attorney fees requires personal jurisdiction. Under Williams v. Williams, 340 Ga. App 740, 798 S.E. 2d. 323 (Ga. App 2017), “a void judgment is one that has a defect apparent on its face.” A bankruptcy court can release a third-party debt, even though jurisdictions are split. For example, the Court of Appeals for the Eleventh Circuit, in the case In re Seaside Engineering, 780 F.3d 1070 (11th Cir. 2015), affirmed a Chapter 11 plan containing non-consensual third-party releases over the objection of the debtor's equity holder. The questions presented are: 1. Without personal jurisdiction over the attorney, where the judgment against the County paid attorney is really a judgment against the County, isn’t such a debt unenforceable? 2. Cana bankruptcy court invalidate a third-party debt? il STATEMENT OF