defense of sovereign immunity in Alabama

1988Barnes v. Dale , 530 So.2d 770 (Ala. 1988); DeStafney v. University of Alabama , 413 So.2d 391 (Ala. 1982); Milton *Page 66 v. Espey , 356 So.2d 1201 (Ala. 1978); Unzicker v. State , 346 So.2d 931 (Ala. 1977).

1982On rehearing, this Court held that "the defense of sovereign immunity afforded by Ala. Const., 1901, § 14, to the University of Alabama and its President, Dr. Mathews, does not extend to [the] employee whose alleged tortious act is the basis of the claim." DeStafney , 413 So.2d at 392 .

2014Section 43, Ala. Const.1901, states: "In the government of this state, except in the instances in this Constitution hereinafter expressly directed or permitted, the legislative department shall never exercise the executive and judicial powers, or either of them; the executive shall never exercise the legislative and judicial powers, or either of them; the judicial shall never exercise the legislative and executive powers, or either of them; to the end that it may be a government of laws and not of men.” See also Ex parte Cranman, 792 So.2d 392, 399 (Ala.2000) (plurality opinion) (citing Mitche

2014Section 43, Ala. Const.1901, states: "In the government of this state, except in the instances in this Constitution hereinafter expressly directed or permitted, the legislative department shall never exercise the executive and judicial powers, or either of them; the executive shall never exercise the legislative and judicial powers, or either of them; the judicial shall never exercise the legislative and executive powers, or either of them; to the end that it may be a government of laws and not of men.” See also Ex parte Cranman, 792 So.2d 392, 399 (Ala.2000) (plurality opinion) (citing Mitche

2014Although the United States Supreme Court has questioned “the wisdom of perpetuating the doctrine” of tribal immunity, Kiowa Tribe, 523 U.S. at 758 , the plaintiffs do not attack immunity per se.

2014See, e.g., Burgoon v. Alabama State Dep’t of Human Res., 835 So.2d 131, 133 (Ala.2002) ("A trial court must dismiss an action against a State agency or against a State agent acting in an official capacity at the earliest opportunity.”); Ex parte Auburn Univ., 6 So.3d 478, 484 (Ala.2008) (applying to a defense of sovereign immunity the federal qualified-immunity principle that " '[t]he privilege is "an immunity from suit rather than a mere defense to liability”’” (quoting Ryan v. Hayes, 831 So.2d 21, 31 (Ala.2002), quoting in turn Saucier v. Katz, 533 U.S. 194 , 200, 121 S.Ct. 2151 , 150 L.Ed.2

2014See, e.g., Burgoon v. Alabama State Dep’t of Human Res., 835 So.2d 131, 133 (Ala.2002) ("A trial court must dismiss an action against a State agency or against a State agent acting in an official capacity at the earliest opportunity.”); Ex parte Auburn Univ., 6 So.3d 478, 484 (Ala.2008) (applying to a defense of sovereign immunity the federal qualified-immunity principle that " '[t]he privilege is "an immunity from suit rather than a mere defense to liability”’” (quoting Ryan v. Hayes, 831 So.2d 21, 31 (Ala.2002), quoting in turn Saucier v. Katz, 533 U.S. 194 , 200, 121 S.Ct. 2151 , 150 L.Ed.2

2006Ex parte Carlton , 867 So.2d 332 , 338 (Ala. 2003). 2 "This Court recognized in Mitchell v. Davis , 598 So.2d 801 , 806 (Ala. 1992), that a county department of human resources is considered to be a State agency for purposes of asserting the defense of sovereign immunity." Ex parte Franklin County Dep't of Human Res. , 674 So.2d 1277 , 1279(Ala. 1996). 3 The reasons for this rule are self-evident — the perpetrator might have nefarious motives for concealing the existence of other children in the household. 4 Where the trial court has not identified a controlling question of law, this Court wil

2002The Court came to that conclusion based on the holdings of two cases from foreign jurisdictions, Orzechowski v. State, 485 A.2d 545 (R.I.1984), and Thompson v. County of Alameda, 27 Cal.3d 741 , 614 P.2d 728 , 167 Cal.Rptr. 70 (1980). *29 Both of those cases analyzed the extent of any duty that should be imposed upon parole-board members with respect to a member of the general public injured by the criminal conduct of a paroled prisoner.

2002The Court came to that conclusion based on the holdings of two cases from foreign jurisdictions, Orzechowski v. State, 485 A.2d 545 (R.I.1984), and Thompson v. County of Alameda, 27 Cal.3d 741 , 614 P.2d 728 , 167 Cal.Rptr. 70 (1980). *29 Both of those cases analyzed the extent of any duty that should be imposed upon parole-board members with respect to a member of the general public injured by the criminal conduct of a paroled prisoner.

2002(Emphasis supplied.) The Court then declared that, "[n]otwithstanding the fact that the defendants were not entitled to summary judgment based on the defense of sovereign immunity, their summary judgment was nevertheless proper because they did not owe any legal duty to the decedent." 479 So.2d at 1190 .

2002The Court came to that conclusion based on the holdings of two cases from foreign jurisdictions, Orzechowski v. State, 485 A.2d 545 (R.I.1984), and Thompson v. County of Alameda, 27 Cal.3d 741 , 614 P.2d 728 , 167 Cal.Rptr. 70 (1980). *29 Both of those cases analyzed the extent of any duty that should be imposed upon parole-board members with respect to a member of the general public injured by the criminal conduct of a paroled prisoner.

1998In State Department of Revenue v. Price-Williams , 594 So.2d 48 (Ala. 1992), we held that the defense of sovereign immunity is an affirmative defense that can be waived if it is not affirmatively pleaded.

1988Barnes v. Dale , 530 So.2d 770 (Ala. 1988); DeStafney v. University of Alabama , 413 So.2d 391 (Ala. 1982); Milton *Page 66 v. Espey , 356 So.2d 1201 (Ala. 1978); Unzicker v. State , 346 So.2d 931 (Ala. 1977).

1988Barnes v. Dale , 530 So.2d 770 (Ala. 1988); DeStafney v. University of Alabama , 413 So.2d 391 (Ala. 1982); Milton *Page 66 v. Espey , 356 So.2d 1201 (Ala. 1978); Unzicker v. State , 346 So.2d 931 (Ala. 1977).

1988Barnes v. Dale , 530 So.2d 770 (Ala. 1988); DeStafney v. University of Alabama , 413 So.2d 391 (Ala. 1982); Milton *Page 66 v. Espey , 356 So.2d 1201 (Ala. 1978); Unzicker v. State , 346 So.2d 931 (Ala. 1977).

1980McDowell-Purcell, Inc. v. Bass, 370 So.2d 942 (Ala.1979).

1975Our decision this date released in Jackson v. City of Florence, 294 Ala. 592 , 320 So.2d 68 , abolishing the defense of sovereign immunity as to municipalities, compels the same result, founded on the same rationale, with respect to counties.

1975Our decision this date released in Jackson v. City of Florence, 294 Ala. 592 , 320 So.2d 68 , abolishing the defense of sovereign immunity as to municipalities, compels the same result, founded on the same rationale, with respect to counties.