rule governing State-agent immunity in Alabama

2017Therefore, the petitioners argue, they are entitled to State-agent immunity pursuant to Ex parte Cranman , supra. In Ex parte Cranman , the rule governing State-agent immunity was restated as follows: "A State agent shall be immune from civil liability in his or her personal capacity when the conduct made the basis of the claim against the agent is based upon the agent's "(1) formulating plans, policies, or designs; or "(2) exercising his or her judgment in the administration of a department or agency of government, including, but not limited to, examples such as: "(a) making administrative ad

2011Discussion In Ex parte Cranman, 792 So.2d 392, 405 (Ala.2000), the rule governing State-agent immunity was restated as follows: 3 “A State agent shall be immune from civil liability in his or her personal capacity when the conduct made the basis of the claim against the agent is based upon the agent’s “(1) formulating plans, policies, or designs; or “(2) exercising his or her judgment in the administration of a department or agency of government, including, but not limited to, examples such as: “(a) making administrative adjudications; “(b) allocating resources; “(c) negotiating contracts; “(d

2007Cranman , 792 So.2d at 405 ("We therefore restate the rule governing State-agent immunity."). 8 I believe that the result in this case is consistent with the Alabama caselaw interpreting the doctrine of State-agent immunity. *Page 669 See, e.g., Ex parte Sawyer , 876 So.2d 433 (Ala. 2003) (relying on Cranman to issue writ of mandamus dismissing claims against the commissioner of the Department of Mental Health and Mental Retardation in her individual capacity for failing to establish policies that would have prevented an attack on a nursing-home resident by a fellow nursing-home resident); Ex

2007Cranman, 792 So.2d at 405 ("We therefore restate the rule governing State-agent immunity."). [8] I believe that the result in this case is consistent with the Alabama caselaw interpreting the doctrine of State-agent immunity. *669 See, e.g., Ex parte Sawyer, 876 So.2d 433 (Ala.2003) (relying on Cranman to issue writ of mandamus dismissing claims against the commissioner of the Department of Mental Health and Mental Retardation in her individual capacity for failing to establish policies that would have prevented an attack on a nursing-home resident by a fellow nursing-home resident); Ex parte

2011As this Court also has explained: “This State immunity afforded sheriffs and deputies is not affected by this Court’s decision on State-agent immunity in Ex parte Cranman, 792 So.2d 392 (Ala.2000): ‘We do not deal here with the absolute immunity of witnesses, judges, prosecutors and legislators, nor do we overrule Ex parte Purvis, 689 So.2d 794 (Ala.1996).’ 792 So.2d at 396 n. 2; see also Ex parte Haralson, 853 So.2d [928,] 930 n. 1 [(Ala.2003)] (‘In Cranman, although we restated the rule governing State-agent immunity, we did not address the State immunity afforded to sheriffs and deputy sher

2011As this Court also has explained: “This State immunity afforded sheriffs and deputies is not affected by this Court’s decision on State-agent immunity in Ex parte Cranman, 792 So.2d 392 (Ala.2000): ‘We do not deal here with the absolute immunity of witnesses, judges, prosecutors and legislators, nor do we overrule Ex parte Purvis, 689 So.2d 794 (Ala.1996).’ 792 So.2d at 396 n. 2; see also Ex parte Haralson, 853 So.2d [928,] 930 n. 1 [(Ala.2003)] (‘In Cranman, although we restated the rule governing State-agent immunity, we did not address the State immunity afforded to sheriffs and deputy sher

2005NOTES [1] Article I, § 14, Ala. Const.1901, provides that "the State of Alabama shall never be made a defendant in any court of law or equity." [2] As our supreme court stated in Alabama Dep't of Corr. v. Thompson, 855 So.2d 1016, 1020 (Ala.2003): "` Ex parte Cranman, 792 So.2d 392 (Ala. 2000), recounts the evolution of State-agent immunity. . .,' Ex parte Rizk, 791 So.2d [911,] 913 [(Ala.2000)], and restates the law on that topic: "`We therefore restate the rule governing State-agent immunity: "`A State agent shall be immune from civil liability in his or her personal capacity when the conduc

2004Therefore, I must, as I did in Harris , determine whether Jones was entitled to state-agent immunity in order to decide whether the summary judgment in Jones's favor on Quinlan's assault-and-battery and deprivation-of-property claims should be affirmed. "` Ex parte Cranman, 792 So.2d 392 (Ala.2000), recounts the evolution of State-agent immunity ...,' Ex parte Rizk, 791 So.2d [911,] 913 [(Ala.2000)], and restates the law on that topic: "`We therefore restate the rule governing State-agent immunity: "`A State agent shall be immune from civil liability in his or her personal capacity when the co

2011As this Court also has explained: “This State immunity afforded sheriffs and deputies is not affected by this Court’s decision on State-agent immunity in Ex parte Cranman, 792 So.2d 392 (Ala.2000): ‘We do not deal here with the absolute immunity of witnesses, judges, prosecutors and legislators, nor do we overrule Ex parte Purvis, 689 So.2d 794 (Ala.1996).’ 792 So.2d at 396 n. 2; see also Ex parte Haralson, 853 So.2d [928,] 930 n. 1 [(Ala.2003)] (‘In Cranman, although we restated the rule governing State-agent immunity, we did not address the State immunity afforded to sheriffs and deputy sher

2009As the Court in Sumter County explained: “This State immunity afforded sheriffs and deputies is not affected by this Court’s decision on State-agent immunity in Ex parte Cranman, 792 So.2d 392 (Ala.2000): ‘We do not deal here with the absolute immunity of witnesses, judges, prosecutors and legislators, nor do we overrule Ex parte Purvis, 689 So.2d 794 (Ala.1996).’ 792 So.2d at 396 n. 2; see also Ex parte Haralson, 853 So.2d at 930 n. 1 (‘In Cranman, although we restated the rule governing State-agent immunity, we did not address the State immunity afforded to sheriffs and deputy sheriffs for a

2006This State immunity afforded sheriffs and deputies is not affected by this Court's *Page 1240 decision on State-agent immunity in Ex parte Cranman , 792 So.2d 392 (Ala. 2000): "We do not deal here with the absolute immunity of witnesses, judges, prosecutors and legislators, nor do we overrule Ex parte Purvis , 689 So.2d 794 (Ala. 1996)." 792 So.2d at 396 n. 2; see also Ex parte Haralson , 853 So.2d at 930 n. 1 ("In Cranman , although we restated the rule governing State-agent immunity, we did not address the State immunity afforded to sheriffs and deputy sheriffs for actions taken while workin

2006This State immunity afforded sheriffs and deputies is not affected by this Court’s decision on State-agent immunity in Ex parte Cranman, 792 So.2d 392 (Ala.2000): “We do not deal here with the absolute immunity of witnesses, judges, prosecutors and legislators, nor do we overrule Ex parte Purvis, 689 So.2d 794 (Ala.1996).” 792 So.2d at 396 n. 2; see also Ex parte Haralson, 853 So.2d at 930 n. 1 (“In Cranman, although we restated the rule governing State-agent immunity, we did not address the State immunity afforded to sheriffs and deputy sheriffs for actions taken while working in the line and

2009"Notwithstanding anything to the contrary in the foregoing statement of the rule, a State agent shall not be immune from civil liability in his or her personal capacity ".... "(2) when the State agent acts willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law." In Ex parte Butts, 775 So.2d 173 (Ala. 2000), a majority of this Court adopted the *1252 Cranman restatement of the rule governing State-agent immunity.

2007“We therefore restate the rule governing State-agent immunity: “A State agent shall be immune from civil liability in his or her personal capacity when the conduct made the basis of the claim against the agent is based upon the agent’s “(1) formulating plans, policies, or designs; [[Image here]] “(2) exercising his or her judgment in the administration of a department or agency of government, including, but not limited to, examples such as “(a) making administrative adjudications; “(b) allocating resources; “(c) negotiating contracts; “(d) hiring, firing, transferring, assigning, or supervisin

2007Cranman , 792 So.2d at 405 ("We therefore restate the rule governing State-agent immunity."). 8 I believe that the result in this case is consistent with the Alabama caselaw interpreting the doctrine of State-agent immunity. *Page 669 See, e.g., Ex parte Sawyer , 876 So.2d 433 (Ala. 2003) (relying on Cranman to issue writ of mandamus dismissing claims against the commissioner of the Department of Mental Health and Mental Retardation in her individual capacity for failing to establish policies that would have prevented an attack on a nursing-home resident by a fellow nursing-home resident); Ex

2007Cranman, 792 So.2d at 405 ("We therefore restate the rule governing State-agent immunity."). [8] I believe that the result in this case is consistent with the Alabama caselaw interpreting the doctrine of State-agent immunity. *669 See, e.g., Ex parte Sawyer, 876 So.2d 433 (Ala.2003) (relying on Cranman to issue writ of mandamus dismissing claims against the commissioner of the Department of Mental Health and Mental Retardation in her individual capacity for failing to establish policies that would have prevented an attack on a nursing-home resident by a fellow nursing-home resident); Ex parte

2003State-agent Immunity Wood argues that he is entitled to a dismissal of the Doe plaintiffs' state-law claims against him in his individual capacity on the ground of state-agent immunity because, he says, he "was clearly engaged in discretionary functions at the time of the alleged acts." Petition, p. 19. " Ex parte Cranman, 792 So.2d 392 (Ala.2000), recounts the evolution of State-agent immunity," Ex parte Rizk, 791 So.2d 911, 913 (Ala.2000), and restates the law on that topic: "We therefore restate the rule governing State-agent immunity: "A State agent shall be immune from civil liability in

2003State-agent Immunity Wood argues that he is entitled to a dismissal of the Doe plaintiffs' state-law claims against him in his individual capacity on the ground of state-agent immunity because, he says, he "was clearly engaged in discretionary functions at the time of the alleged acts." Petition , p. 19. " Ex parte Cranman , 792 So.2d 392 (Ala. 2000), recounts the evolution of State-agent immunity," Ex parte Rizk , 791 So.2d 911 , 913 (Ala. 2000), and restates the law on that topic: "We therefore restate the rule governing State-agent immunity: "A State agent shall be immune from civil liabili

2009Thus, State-agent immunity "`does not protect State officers and employees under circumstances where a plaintiff alleges that they acted "willfully, maliciously, illegally, fraudulently, in bad faith, beyond [their] authority, or under a mistaken interpretation of the law." Phillips [v. Thomas, 555 So.2d 81, 83 (Ala.1989)].'" Ex parte Town of Lowndesboro, 950 So.2d 1203, 1209 (Ala. 2006) (quoting Ex parte Alabama Dep't of Transp., 764 So.2d 1263, 1268 (Ala.2000)).

2009Thus, State-agent immunity "`does not protect State officers and employees under circumstances where a plaintiff alleges that they acted "willfully, maliciously, illegally, fraudulently, in bad faith, beyond [their] authority, or under a mistaken interpretation of the law." Phillips [v. Thomas, 555 So.2d 81, 83 (Ala.1989)].'" Ex parte Town of Lowndesboro, 950 So.2d 1203, 1209 (Ala. 2006) (quoting Ex parte Alabama Dep't of Transp., 764 So.2d 1263, 1268 (Ala.2000)).

2009Thus, State-agent immunity "`does not protect State officers and employees under circumstances where a plaintiff alleges that they acted "willfully, maliciously, illegally, fraudulently, in bad faith, beyond [their] authority, or under a mistaken interpretation of the law." Phillips [v. Thomas, 555 So.2d 81, 83 (Ala.1989)].'" Ex parte Town of Lowndesboro, 950 So.2d 1203, 1209 (Ala. 2006) (quoting Ex parte Alabama Dep't of Transp., 764 So.2d 1263, 1268 (Ala.2000)).