Andy Desty v. Georgia Department of Human Services/Child Support Services

── Andy Desty v. Georgia Department of Human Services/Child Support Services ── Court: Court of Appeals for the Eleventh Circuit Date: April 14, 2026 Category: NEW USCA11 Case: 24-13600 Document: 47-1 Date Filed: 04/14/2026 Page: 1 of 10 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-13600 Non-Argument Calendar ____________________ ANDY DESTY, Plaintiff-Appellant, versus GEORGIA DEPARTMENT OF HUMAN SERVICES/CHILD SUPPORT SERVICES, Defendant-Appellee. ____________________ Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:23-cv-03073-SDG ____________________ Before JORDAN, JILL PRYOR, and KIDD, Circuit Judges. PER CURIAM: After Georgia’s Department of Human Services (“DHS”) warned appellant Andy Desty that his driver’s license could be USCA11 Case: 24-13600 Document: 47-1 Date Filed: 04/14/2026 Page: 2 of 10 2 Opinion of the Court 24-13600 suspended because he was delinquent in paying child support, he sued DHS, alleging that it had violated the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692–1692p, and his consti- tutional rights. The district court dismissed the complaint, conclud- ing that DHS enjoyed immunity under the Eleventh Amendment. After careful consideration, we affirm. I. Georgia law provides that individuals who are delinquent in paying child support may have their driver’s licenses suspended. See O.C.G.A. § 19-11-9.3(g). It assigns DHS the responsibility for tracking whether those who are required to pay child support are complying with their obligations. Id. § 19-11-9.3(a)(1), (b). DHS mails notices to individuals who are delinquent in paying child sup- port, warning that their driver’s licenses may be suspended. Id. § 19-11-9.3(f). They then have 20 days to come into compliance with their child support orders or reach an agreement with DHS to pay the delinquency. Id. § 19-11-9.3(f)(1). If an individual fails to comply with the child support order or reach an agreement within 20 days, DHS then directs Georgia’s Department of Driver Services (“DDS”) to suspend the person’s license. Id. §§ 19-11-9.3(g); 40-5- 54.1(b). The driver’s license remains suspended until the individual “provide[s] proof of compliance with an order for child support.” Id. § 40-5-54.1(c). During the 20-day period after receiving a DHS notice, an individual may request an administrative hearing. See id. § 19-11- 9.3(h). At the hearing, he may raise the following issues: “[w]hether USCA11 Case: 24-13600 Document: 47-1 Date Filed: 04/14/2026 Page: 3 of 10 24-13600 Opinion of the Court 3 there is an order for child support,” whether he is “covered by that order,” whether he is in “compliance with the order,” whether he may pay past due child support in periodic payments, and whether he “has been able and willing to comply” with the child support order. Id. § 19-11-9.3(h)(1). After the hearing, an administrative law judge decides whether to suspend the individual’s driver’s license. Id. § 19-11-9.3(h)(2). If the administrative law judge suspends the license, the person may seek judicial review of the administrativ