discretionary function immunity in Alabama

23 Alabama opinions name it 2 courts 1988–2017 0 in the last five years

The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (21)

Case	Followed	Cited
Wright v. Wynngreen ala · 1996 · cited in 4 Alabama opinions naming this issue, 1998–2004 2 sentences 2004Our supreme court has also held that "acts taken in bad faith, or willful or malicious conduct, will not be considered discretionary in nature." Ex parte City of Montgomery, 758 So.2d 565, 569 (Ala.1999) (citing Couch v. City of Sheffield, 708 So.2d 144, 153 (Ala.1998)); see Wright v. Wynn, supra; Barnes v. Dale, 530 So.2d 770 (Ala.1988); DeStafney v. University of Alabama, 413 So.2d 391 (Ala.1981). 320 Thus, the first step in analyzing whether a police officer's conduct is protected by the doctrine of discretionary-function immunity under § 6-5-338(a) is to determine whether the police offic 2004Our supreme court has also held that "acts taken in bad faith, or willful or malicious conduct, will not be considered discretionary in nature." Ex parte City of Montgomery, 758 So.2d 565, 569 (Ala.1999) (citing Couch v. City of Sheffield, 708 So.2d 144, 153 (Ala.1998)); see Wright v. Wynn, supra; Barnes v. Dale, 530 So.2d 770 (Ala.1988); DeStafney v. University of Alabama, 413 So.2d 391 (Ala.1981). 320 Thus, the first step in analyzing whether a police officer's conduct is protected by the doctrine of discretionary-function immunity under § 6-5-338(a) is to determine whether the police offic	3	4
Ex Parte Davisgreen ala · 1998 · cited in 3 Alabama opinions naming this issue, 2000–2016 2 sentences 2016“Prior decisions of this Court state that ‘ “ ‘[t]he applicability of the doctrine of discretionary function [now called State-agent immunity] must be determined on a case-by-case basis, and it is a question of law to be decided by the trial court.”” Ex parte Sawyer, 984 So.2d 1100, 1106-07 (Ala.2007) (quoting Ryan v. Hayes, 831 So.2d 21, 28 (Ala.2002), quoting in turn Ex parte Davis, 721 So.2d 685, 689 (Ala.1998)).” Suttles v. Roy, 75 So.3d 90, 99 (Ala.2010). 2010Prior decisions of this Court state that “ ‘ “[t]he applicability of the doctrine of discretionary function [now called State-agent immunity] must be determined on a case-by-case basis, and it is a question of law to be decided by the trial court.” ’ ” Ex parte Sawyer, 984 So.2d 1100, 1106-07 (Ala.2007) (quoting Ryan v. Hayes, 831 So.2d 21, 28 (Ala.2002), quoting in turn Ex parte Davis, 721 So.2d 685, 689 (Ala.1998)).	2	3
Nance by and Through Nance v. Matthewsgreen ala · 1993 · cited in 3 Alabama opinions naming this issue, 1993–2000 2 sentences 2000See also Alabama State Docks v. Saxon, 631 So.2d 943, 948 (Ala.1994) ("employees of the State Docks are protected from individual liability only under the doctrine of discretionary function immunity"); Nance v. Matthews, 622 So.2d 297 (Ala.1993). 2000See also Alabama State Docks v. Saxon, 631 So.2d 943, 948 (Ala.1994) ("employees of the State Docks are protected from individual liability only under the doctrine of discretionary function immunity"); Nance v. Matthews, 622 So.2d 297 (Ala.1993).	2	3
Ryan v. Hayesgreen ala · 2002 · cited in 2 Alabama opinions naming this issue, 2010–2016 2 sentences 2016“Prior decisions of this Court state that ‘ “ ‘[t]he applicability of the doctrine of discretionary function [now called State-agent immunity] must be determined on a case-by-case basis, and it is a question of law to be decided by the trial court.”” Ex parte Sawyer, 984 So.2d 1100, 1106-07 (Ala.2007) (quoting Ryan v. Hayes, 831 So.2d 21, 28 (Ala.2002), quoting in turn Ex parte Davis, 721 So.2d 685, 689 (Ala.1998)).” Suttles v. Roy, 75 So.3d 90, 99 (Ala.2010). 2010Prior decisions of this Court state that “ ‘ “[t]he applicability of the doctrine of discretionary function [now called State-agent immunity] must be determined on a case-by-case basis, and it is a question of law to be decided by the trial court.” ’ ” Ex parte Sawyer, 984 So.2d 1100, 1106-07 (Ala.2007) (quoting Ryan v. Hayes, 831 So.2d 21, 28 (Ala.2002), quoting in turn Ex parte Davis, 721 So.2d 685, 689 (Ala.1998)).	2	2
Ex Parte Sawyergreen ala · 2007 · cited in 2 Alabama opinions naming this issue, 2010–2016 2 sentences 2016“Prior decisions of this Court state that ‘ “ ‘[t]he applicability of the doctrine of discretionary function [now called State-agent immunity] must be determined on a case-by-case basis, and it is a question of law to be decided by the trial court.”” Ex parte Sawyer, 984 So.2d 1100, 1106-07 (Ala.2007) (quoting Ryan v. Hayes, 831 So.2d 21, 28 (Ala.2002), quoting in turn Ex parte Davis, 721 So.2d 685, 689 (Ala.1998)).” Suttles v. Roy, 75 So.3d 90, 99 (Ala.2010). 2010Prior decisions of this Court state that “ ‘ “[t]he applicability of the doctrine of discretionary function [now called State-agent immunity] must be determined on a case-by-case basis, and it is a question of law to be decided by the trial court.” ’ ” Ex parte Sawyer, 984 So.2d 1100, 1106-07 (Ala.2007) (quoting Ryan v. Hayes, 831 So.2d 21, 28 (Ala.2002), quoting in turn Ex parte Davis, 721 So.2d 685, 689 (Ala.1998)).	2	2
Ex Parte City of Montgomerygreen ala · 1999 · cited in 2 Alabama opinions naming this issue, 2003–2004 2 sentences 2004Our supreme court has also held that "acts taken in bad faith, or willful or malicious conduct, will not be considered discretionary in nature." Ex parte City of Montgomery, 758 So.2d 565, 569 (Ala.1999) (citing Couch v. City of Sheffield, 708 So.2d 144, 153 (Ala.1998)); see Wright v. Wynn, supra; Barnes v. Dale, 530 So.2d 770 (Ala.1988); DeStafney v. University of Alabama, 413 So.2d 391 (Ala.1981). 320 Thus, the first step in analyzing whether a police officer's conduct is protected by the doctrine of discretionary-function immunity under § 6-5-338(a) is to determine whether the police offic 2004Our supreme court has also held that "acts taken in bad faith, or willful or malicious conduct, will not be considered discretionary in nature." Ex parte City of Montgomery, 758 So.2d 565, 569 (Ala.1999) (citing Couch v. City of Sheffield, 708 So.2d 144, 153 (Ala.1998)); see Wright v. Wynn, supra; Barnes v. Dale, 530 So.2d 770 (Ala.1988); DeStafney v. University of Alabama, 413 So.2d 391 (Ala.1981). 320 Thus, the first step in analyzing whether a police officer's conduct is protected by the doctrine of discretionary-function immunity under § 6-5-338(a) is to determine whether the police offic	2	2
Bell v. Chisomgreen ala · 1982 · cited in 5 Alabama opinions naming this issue, 1988–2006 2 sentences 2006"In Bell v. Chisom , 421 So.2d 1239 , 1241 (Ala. 1982), this Court discussed at length the elements of, and factors for determining, the applicability of discretionary function immunity in a given case: Page 455 "`As the Restatement's comments suggest, the courts have at times found the discretionary function standard difficult to interpret. 1996*"In Bell v. Chisom , 421 So.2d 1239 , 1241 (Ala. 1982), this Court discussed at length the elements of, and factors for determining, the applicability of discretionary function immunity in a given case: " 'As the Restatement 's comments suggest, the courts have at times found the discretionary function standard difficult to interpret.	1	5
Barnes v. Dalegreen ala · 1988 · cited in 4 Alabama opinions naming this issue, 1993–2004 2 sentences 2004Our supreme court has also held that "acts taken in bad faith, or willful or malicious conduct, will not be considered discretionary in nature." Ex parte City of Montgomery, 758 So.2d 565, 569 (Ala.1999) (citing Couch v. City of Sheffield, 708 So.2d 144, 153 (Ala.1998)); see Wright v. Wynn, supra; Barnes v. Dale, 530 So.2d 770 (Ala.1988); DeStafney v. University of Alabama, 413 So.2d 391 (Ala.1981). 320 Thus, the first step in analyzing whether a police officer's conduct is protected by the doctrine of discretionary-function immunity under § 6-5-338(a) is to determine whether the police offic 2004Our supreme court has also held that "acts taken in bad faith, or willful or malicious conduct, will not be considered discretionary in nature." Ex parte City of Montgomery, 758 So.2d 565, 569 (Ala.1999) (citing Couch v. City of Sheffield, 708 So.2d 144, 153 (Ala.1998)); see Wright v. Wynn, supra; Barnes v. Dale, 530 So.2d 770 (Ala.1988); DeStafney v. University of Alabama, 413 So.2d 391 (Ala.1981). 320 Thus, the first step in analyzing whether a police officer's conduct is protected by the doctrine of discretionary-function immunity under § 6-5-338(a) is to determine whether the police offic	1	4
Harper v. Gremmelgreen ala · 1997 · cited in 3 Alabama opinions naming this issue, 1998–2000 2 sentences 2000Their diagnoses of Matthew's condition and their recommendations as to treatment of that condition called for no less `professional judgment and discretion' than those made by the state-employed physicians in Barnes [v. Dale, 530 So.2d 770 (Ala.1988)], Smith I, and Harper [v. Gremmel, 703 So.2d 346 (Ala. 1997)], or the state-employed trainer in Lennon [v. Petersen, 624 So.2d 171 (Ala. 1993)], and it follows that they are entitled to the same discretionary function immunity that was afforded to the defendants in those cases. 1999Despite this Court's well-established precedent concerning the doctrine of discretionary-function immunity, Wells asks this Court to overrule its decisions in Harper v. Gremmel , 703 So.2d 346 (Ala. 1997); 4 Smith v. King , 615 So.2d 69 (Ala. 1993); Smith v. Arnold , 564 So.2d 873 (Ala. 1990); and Barnes v. Dale , 530 So.2d 770 (Ala. 1988), and to distinguish the discretionary-function immunity enjoyed by State-employed physicians from the immunity enjoyed by other State employees.	1	3
Smith v. Arnoldgreen · 1990 · cited in 2 Alabama opinions naming this issue, 1993–1999 2 sentences 1999Despite this Court's well-established precedent concerning the doctrine of discretionary-function immunity, Wells asks this Court to overrule its decisions in Harper v. Gremmel , 703 So.2d 346 (Ala. 1997); 4 Smith v. King , 615 So.2d 69 (Ala. 1993); Smith v. Arnold , 564 So.2d 873 (Ala. 1990); and Barnes v. Dale , 530 So.2d 770 (Ala. 1988), and to distinguish the discretionary-function immunity enjoyed by State-employed physicians from the immunity enjoyed by other State employees. 1999Despite this Court's well-established precedent concerning the doctrine of discretionary-function immunity, Wells asks this Court to overrule its decisions in Harper v. Gremmel , 703 So.2d 346 (Ala. 1997); 4 Smith v. King , 615 So.2d 69 (Ala. 1993); Smith v. Arnold , 564 So.2d 873 (Ala. 1990); and Barnes v. Dale , 530 So.2d 770 (Ala. 1988), and to distinguish the discretionary-function immunity enjoyed by State-employed physicians from the immunity enjoyed by other State employees.	1	2
Suttles v. Roygreen ala · 2010 · cited in 1 Alabama opinions naming this issue, 2016–2016 1 sentence 2016“Prior decisions of this Court state that ‘ “ ‘[t]he applicability of the doctrine of discretionary function [now called State-agent immunity] must be determined on a case-by-case basis, and it is a question of law to be decided by the trial court.”” Ex parte Sawyer, 984 So.2d 1100, 1106-07 (Ala.2007) (quoting Ryan v. Hayes, 831 So.2d 21, 28 (Ala.2002), quoting in turn Ex parte Davis, 721 So.2d 685, 689 (Ala.1998)).” Suttles v. Roy, 75 So.3d 90, 99 (Ala.2010).	1	1
Lightfoot v. Floydgreen ala · 1995 · cited in 1 Alabama opinions naming this issue, 2010–2010 1 sentence 2010See also Lightfoot v. Floyd, 667 So.2d 56, 64 (Ala.1995) (“The question whether a public official is entitled to qualified immunity is one to be decided as a matter of law.”).	1	1
Couch v. City of Sheffieldgreen ala · 1998 · cited in 1 Alabama opinions naming this issue, 2004–2004 2 sentences 2004Our supreme court has also held that "acts taken in bad faith, or willful or malicious conduct, will not be considered discretionary in nature." Ex parte City of Montgomery, 758 So.2d 565, 569 (Ala.1999) (citing Couch v. City of Sheffield, 708 So.2d 144, 153 (Ala.1998)); see Wright v. Wynn, supra; Barnes v. Dale, 530 So.2d 770 (Ala.1988); DeStafney v. University of Alabama, 413 So.2d 391 (Ala.1981). 320 Thus, the first step in analyzing whether a police officer's conduct is protected by the doctrine of discretionary-function immunity under § 6-5-338(a) is to determine whether the police offic 2004Our supreme court has also held that "acts taken in bad faith, or willful or malicious conduct, will not be considered discretionary in nature." Ex parte City of Montgomery, 758 So.2d 565, 569 (Ala.1999) (citing Couch v. City of Sheffield, 708 So.2d 144, 153 (Ala.1998)); see Wright v. Wynn, supra; Barnes v. Dale, 530 So.2d 770 (Ala.1988); DeStafney v. University of Alabama, 413 So.2d 391 (Ala.1981). 320 Thus, the first step in analyzing whether a police officer's conduct is protected by the doctrine of discretionary-function immunity under § 6-5-338(a) is to determine whether the police offic	1	1
Giambrone v. Douglasgreen ala · 2003 · cited in 1 Alabama opinions naming this issue, 2003–2003 2 sentences 2003Giambrone v. Douglas , 874 So.2d 1046 , 1048 n. 1 (Ala. 2003) ("The immunity available to individuals sued for actions taken on behalf of the State is now referred to as `State-agent immunity.'"). 2003Giambrone v. Douglas, 874 So.2d 1046 , 1048 n. 1 (Ala.2003) ("The immunity available to individuals sued for actions taken on behalf of the State is now referred to as `State-agent immunity.'").	1	1
Lee v. Sandberggreen ca2 · 1997 · cited in 1 Alabama opinions naming this issue, 2003–2003 1 sentence 2003“Generally, arrests and attempted arrests are classified as discretionary functions .... ‘Discretionary functions’ are broadly defined as ‘ “ ‘those acts as to which there is no hard and fast rule as to the course of conduct that one must or must not take and those acts requiring exercise in judgment and choice and involving what is just and proper under the circumstances.’ ” ’ Ex parte Duvall, 782 So.2d [244] at 248 [(Ala.2000)] (quoting [Ex parte] City of Montgomery, 758 So.2d [565] at 569 [(Ala.1999)], quoting in turn Wright v. Wynn, 682 So.2d 1, 2 (Ala.1996)). [[Image here]] “In Micalizzi	1	1
Micalizzi v. Ciamarragreen nysd · 2002 · cited in 1 Alabama opinions naming this issue, 2003–2003 1 sentence 2003“Generally, arrests and attempted arrests are classified as discretionary functions .... ‘Discretionary functions’ are broadly defined as ‘ “ ‘those acts as to which there is no hard and fast rule as to the course of conduct that one must or must not take and those acts requiring exercise in judgment and choice and involving what is just and proper under the circumstances.’ ” ’ Ex parte Duvall, 782 So.2d [244] at 248 [(Ala.2000)] (quoting [Ex parte] City of Montgomery, 758 So.2d [565] at 569 [(Ala.1999)], quoting in turn Wright v. Wynn, 682 So.2d 1, 2 (Ala.1996)). [[Image here]] “In Micalizzi	1	1
Taylor v. Shoemakergreen ala · 1992 · cited in 1 Alabama opinions naming this issue, 2000–2000 1 sentence 2000See Taylor v. Shoemaker, 605 So.2d 828 (Ala.1992); Grant v. Davis, 537 So.2d 7 (Ala.1988).	1	1
Alabama State Docks v. Saxongreen ala · 1994 · cited in 1 Alabama opinions naming this issue, 2000–2000 2 sentences 2000See also Alabama State Docks v. Saxon, 631 So.2d 943, 948 (Ala.1994) ("employees of the State Docks are protected from individual liability only under the doctrine of discretionary function immunity"); Nance v. Matthews, 622 So.2d 297 (Ala.1993). 2000See also Alabama State Docks v. Saxon, 631 So.2d 943, 948 (Ala.1994) ("employees of the State Docks are protected from individual liability only under the doctrine of discretionary function immunity"); Nance v. Matthews, 622 So.2d 297 (Ala.1993).	1	1
HILL BY AND THROUGH WEBB v. Allengreen · 1986 · cited in 1 Alabama opinions naming this issue, 1999–1999 2 sentences 1999See Nance , 622 So.2d at 302 ; Hill v. Allen , 495 So.2d 32 , 34 (Ala. 1986). 1999See Nance, 622 So.2d at 302 ; Hill v. Allen, 495 So.2d 32, 34 (Ala.1986).	1	1
L.S.B. v. Howardgreen ala · 1995 · cited in 1 Alabama opinions naming this issue, 1998–1998 1 sentence 1998See L.S.B. v. Howard, 659 So.2d 43 , 44 (Ala. 1995).	1	1
Phillips v. Thomasgreen ala · 1989 · cited in 1 Alabama opinions naming this issue, 1994–1994	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (12)

Case	Cited	Years
DeStafney v. University of Alabama green ala · 1982 2 sentences 2004Our supreme court has also held that "acts taken in bad faith, or willful or malicious conduct, will not be considered discretionary in nature." Ex parte City of Montgomery, 758 So.2d 565, 569 (Ala.1999) (citing Couch v. City of Sheffield, 708 So.2d 144, 153 (Ala.1998)); see Wright v. Wynn, supra; Barnes v. Dale, 530 So.2d 770 (Ala.1988); DeStafney v. University of Alabama, 413 So.2d 391 (Ala.1981). 320 Thus, the first step in analyzing whether a police officer's conduct is protected by the doctrine of discretionary-function immunity under § 6-5-338(a) is to determine whether the police offic 2004Our supreme court has also held that "acts taken in bad faith, or willful or malicious conduct, will not be considered discretionary in nature." Ex parte City of Montgomery, 758 So.2d 565, 569 (Ala.1999) (citing Couch v. City of Sheffield, 708 So.2d 144, 153 (Ala.1998)); see Wright v. Wynn, supra; Barnes v. Dale, 530 So.2d 770 (Ala.1988); DeStafney v. University of Alabama, 413 So.2d 391 (Ala.1981). 320 Thus, the first step in analyzing whether a police officer's conduct is protected by the doctrine of discretionary-function immunity under § 6-5-338(a) is to determine whether the police offic	3	1993–2004
Grant v. Davis green ala · 1988 2 sentences 2000DeStafney, supra; Grant v. Davis, 537 So.2d 7 (Ala.1988) (citing DeStafney as the progenitor of Alabama cases applying the Restatement approach); Crowe v. City of Athens, 733 So.2d 447 (Ala.Civ.App.1999) (citing Grant v. Davis as the case adopting the Restatement approach). 2000See Taylor v. Shoemaker, 605 So.2d 828 (Ala.1992); Grant v. Davis, 537 So.2d 7 (Ala.1988).	3	1992–2000
Ex Parte Cranman green ala · 2000 1 sentence 2017Therefore, it concludes that it is entitled to immunity based on the discretionary-function immunity that is afforded to police officers by § 6-5-338 and on State-agent immunity pursuant to Ex parte Cranman , 792 So.2d 392 (Ala. 2000).	1	2017–2017
Ex Parte City of Gadsden green ala · 2000 2 sentences 2004In Ex parte City of Gadsden, supra, the plaintiff contended that the police officer's "failure to secure the accident scene in accordance with departmental regulations amounted to negligence in performing a ministerial act [and,] therefore, ... [the officer] was not protected by the doctrine of discretionary-function immunity." 781 So.2d at 938 . 2004In Ex parte City of Gadsden, supra, the plaintiff contended that the police officer's "failure to secure the accident scene in accordance with departmental regulations amounted to negligence in performing a ministerial act [and,] therefore, ... [the officer] was not protected by the doctrine of discretionary-function immunity." 781 So.2d at 938 .	1	2004–2004
Anderson v. Creighton green scotus · 1987 2 sentences 2003“Generally, arrests and attempted arrests are classified as discretionary functions .... ‘Discretionary functions’ are broadly defined as ‘ “ ‘those acts as to which there is no hard and fast rule as to the course of conduct that one must or must not take and those acts requiring exercise in judgment and choice and involving what is just and proper under the circumstances.’ ” ’ Ex parte Duvall, 782 So.2d [244] at 248 [(Ala.2000)] (quoting [Ex parte] City of Montgomery, 758 So.2d [565] at 569 [(Ala.1999)], quoting in turn Wright v. Wynn, 682 So.2d 1, 2 (Ala.1996)). [[Image here]] “In Micalizzi 2003“Generally, arrests and attempted arrests are classified as discretionary functions .... ‘Discretionary functions’ are broadly defined as ‘ “ ‘those acts as to which there is no hard and fast rule as to the course of conduct that one must or must not take and those acts requiring exercise in judgment and choice and involving what is just and proper under the circumstances.’ ” ’ Ex parte Duvall, 782 So.2d [244] at 248 [(Ala.2000)] (quoting [Ex parte] City of Montgomery, 758 So.2d [565] at 569 [(Ala.1999)], quoting in turn Wright v. Wynn, 682 So.2d 1, 2 (Ala.1996)). [[Image here]] “In Micalizzi	1	2003–2003
Cranman v. Maxwell neutral alacivapp · 1998 1 sentence 2000Thus, the trial court correctly entered the summary judgment in favor of the state physicians, and we affirm that judgment." Cranman v. Maxwell, 792 So.2d at 391-92 .	1	2000–2000
Crowe v. City of Athens green alacivapp · 1999 1 sentence 2000DeStafney, supra; Grant v. Davis, 537 So.2d 7 (Ala.1988) (citing DeStafney as the progenitor of Alabama cases applying the Restatement approach); Crowe v. City of Athens, 733 So.2d 447 (Ala.Civ.App.1999) (citing Grant v. Davis as the case adopting the Restatement approach).	1	2000–2000
Town of Loxley v. Coleman green ala · 1998 1 sentence 2000Because all federal employees covered by the Federal Tort Claims Act are immune, the question whether the employee's action or decision is the kind of judgment "that the discretionary function exception was designed to shield" is asked for the purpose of determining the extent of the liability of the United States. [18] Ex parte Davis, 721 So.2d 685 (Ala.1998). [19] Town of Loxley v. Coleman, 720 So.2d 907 (Ala.1998). [20] See Part IV, supra, 792 So.2d at 405. [*] Note from reporter of decisions: The Rizk and Wimpee opinions of November 24, 1999, were later withdrawn and new opinions were subs	1	2000–2000
Lennon v. Petersen green ala · 1993 1 sentence 2000Their diagnoses of Matthew's condition and their recommendations as to treatment of that condition called for no less `professional judgment and discretion' than those made by the state-employed physicians in Barnes [v. Dale, 530 So.2d 770 (Ala.1988)], Smith I, and Harper [v. Gremmel, 703 So.2d 346 (Ala. 1997)], or the state-employed trainer in Lennon [v. Petersen, 624 So.2d 171 (Ala. 1993)], and it follows that they are entitled to the same discretionary function immunity that was afforded to the defendants in those cases.	1	2000–2000
Smith v. King green ala · 1993 2 sentences 1999Despite this Court's well-established precedent concerning the doctrine of discretionary-function immunity, Wells asks this Court to overrule its decisions in Harper v. Gremmel , 703 So.2d 346 (Ala. 1997); 4 Smith v. King , 615 So.2d 69 (Ala. 1993); Smith v. Arnold , 564 So.2d 873 (Ala. 1990); and Barnes v. Dale , 530 So.2d 770 (Ala. 1988), and to distinguish the discretionary-function immunity enjoyed by State-employed physicians from the immunity enjoyed by other State employees. 1999Despite this Court's well-established precedent concerning the doctrine of discretionary-function immunity, Wells asks this Court to overrule its decisions in Harper v. Gremmel , 703 So.2d 346 (Ala. 1997); 4 Smith v. King , 615 So.2d 69 (Ala. 1993); Smith v. Arnold , 564 So.2d 873 (Ala. 1990); and Barnes v. Dale , 530 So.2d 770 (Ala. 1988), and to distinguish the discretionary-function immunity enjoyed by State-employed physicians from the immunity enjoyed by other State employees.	1	1999–1999
W.L.O. v. Smith green ala · 1991	1	1994–1994
Hickman v. Dothan City Bd. of Educ. green ala · 1982	1	1993–1993

Statutes the citing opinions construe

USC § 42u.s.c.1983 (9) AL § Ala. Code § 6-5-338 (5) AL § Ala. Code § 11-47-190 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

KS 69 (1982–2024) MA 65 (1983–2025) TX 46 (1993–2024) MN 44 (1974–2025) IA 37 (1977–2025) TN 36 (1990–2024) LA 31 (1990–2017) VT 29 (1993–2026) MS 29 (1997–2026) NE 28 (1984–2021) UT 28 (1980–2026) AK 23 (1972–2012) AL 23 (1988–2017) ID 20 (1981–2022) IN 19 (1988–2020) GA 19 (1995–2024) FL 18 (1979–2009) ME 17 (1987–2022) NH 17 (1983–2025) ND 13 (1974–2022) NV 11 (1987–2020) HI 11 (1969–2024) OR 10 (1978–2016) NJ 7 (1983–2004) SD 7 (1990–2003) DC 7 (1979–2009) CA 6 (1968–2023) OH 5 (1987–2016) MO 3 (1993–2018) MT 3 (1990–1994) NY 3 (1973–2024) WA 3 (1978–1991) MD 2 (2011–2025) OK 2 (1990–1999) WY 2 (1980–1989) DE 2 (1984–1992)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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