Isaiah Thomas’s lawsuit alleging he was shot in the parking lot of Terra Stadium prompted argument Jan. 14 on whether the Clayton County School District is immune from suit under the Georgia Constitution.
Defense counsel argued the complaint should be dismissed because sovereign immunity bars the school district from being sued on this kind of claim and noted lack of subject‑matter jurisdiction. The defense emphasized that constitutional immunity is definitive and that any change to its scope is a legislative or appellate matter.
Plaintiff’s counsel countered that Terra Stadium is operated, leased and used by third parties as a business open to the public, and urged that under those facts the facility should be treated like a commercial operator rather than the school system. Plaintiff asked the court to consider whether the stadium’s non‑exclusive use should affect immunity.
Judge Hayward said the questions raised may ultimately be for an appellate court or the legislature and that she would issue a written order after the parties’ briefs were considered. She noted the court must apply existing constitutional text and precedent in deciding whether this complaint can proceed.
