ARNOLD v. MACON-BIBB COUNTY GEORGIA

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
ERIC ARNOLD, 	)
)
Plaintiff, 	)
)
v. 	) 	CIVIL ACTION NO. 5:24-cv-365 (MTT)
)
MACON-BIBB COUNTY, GEORGIA, 	)
)
)
Defendant. 	)
)
ORDER
On October 7, 2026, the Court held a hearing on Defendant’s motion for
summary judgment and Plaintiff’s partial motion for summary judgment. During the
hearing, questions arose concerning (1) whether the Georgia Constitution’s waiver of
sovereign immunity (Ga. Const. Art. I, § 2, ¶ V) is limited to the forum of the superior
court and (2) the basis for municipal liability under Monell v. Department of Social
Services, 436 U.S. 658 (1978), on Plaintiff’s First Amendment retaliation claim.
Regarding the second question, the Complaint alleges that the County has a “policy and
practice of expediting demolition for property owners who ask for help – rather than
staying demolition while their requests are pending.” ECF 1-1 at 52. However, in their
brief, Plaintiff argues that “[t]he County is liable for Miller’s retaliatory decision because
he acted as a final policymaker with respect to the demolition” in this single instance.
ECF 57-1 at 37. Additionally, Defendant argued at the hearing that the “record is
undisputed” that Miller “is not a final policymaker,” which “defeats their Monell claim.”
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Accordingly, the parties are ORDERED to file supplemental briefs addressing the
following:
1. 	Whether the Georgia Constitution’s waiver of sovereign immunity at issue in this
case is limited to relief granted by a Georgia superior court.
2. 	The parties’ briefs do not adequately address the “policy or practice” at issue in
Plaintiff’s First Amendment retaliation claim and the authorities and facts relevant
to that policy or practice.
The parties shall file, simultaneously, supplemental briefs by November 13, 2026. The
parties may respond to those briefs by December 4, 2026.
SO ORDERED, this 14th day of October, 2026.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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