May two council members be sued individually?

The question that echoed inside an Oconee courtroom today was whether two county council members may be sued as individuals, as part of the slander and wrongful death claim filed by David Stokes, the former county building official. Judge Lawton McIntosh promised all sides his decision as soon as he can read certain written materials that have been submitted alongside the oral arguments heard this morning in the William H. Ballenger courtroom on the courthouse third floor. Stokes’ attorney Hopkins motioned for the case to proceed to trial with both Councilman McCall and former Councilwoman Cammick sued individually. Defense lawyers, however, claim it’s a point already argued and adjudicated by McIntosh in a June 14 ruling. In that ruling, defense lawyer Logan said in addressing McIntosh, “Plaintiff failed to present a scintilla of evidence that individual defendants acted outside of their official capacity.” Logan referenced a 2017 county council committee meeting at which McCall and Cammick made remarks in what he said was an official capacity about their frustration with the county building department. The Stokes lawsuit was filed in 2017. The years since have been taken up by depositions, court filings, motions—in an advance of an expected trial date.