defendant discretionary immunity (Alabama) · Go Syfert
← Alabama issues

defendant discretionary immunity in Alabama

5 Alabama opinions name it 1 courts 1998–2006 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 (3)

CaseFollowedCited
Ex Parte Davisgreen
ala · 1998 · cited in 4 Alabama opinions naming this issue, 2002–2006
2 sentences

2006Once the defendant officer satisfies this first prong, `the burden then shifts to the plaintiff to establish that the defendant acted in bad faith or with malice or willfulness, in order to deny the defendant discretionary immunity from suit.' Id.

2002This Court has established a “burden-shifting” process when a trial court is presented with the defense of State-agent immunity: “ ‘[A] State officer or employee is not protected by discretionary immunity if in performing his discretionary functions he willfully, maliciously, fraudulently, or in bad faith injures someone. [Nonetheless,] [o]nce a defendant demonstrates that a plaintiffs claims arise from the defendant’s performance of a discretionary function [i.e., a function now entitling the defendant to State-agent immunity], the burden then shifts to the plaintiff to establish that the def

24
Ex Parte Alabama Dept. of Transp.green
ala · 2000 · cited in 2 Alabama opinions naming this issue, 2002–2002
2 sentences

2002Upon such a showing, the burden shifts to the plaintiff, who must show that the officer or employee acted fraudulently, willfully, maliciously, or in bad faith.' " Ex parte Alabama Dep't of Transp. , 764 So.2d 1263 , 1268-69 (Ala. 2000) (citation omitted [in Ryan ])." Ryan v. Hayes , 831 So.2d 21 , 28 (Ala. 2002).

2002Upon such a showing, the burden shifts to the plaintiff, who must show that the officer or employee acted fraudulently, willfully, maliciously, or in bad faith.’ “Ex parte Alabama Dep’t of Transp., 764 So.2d 1263, 1268-69 (Ala.2000) (citation omitted [in Ryan]).” Ryan v. Hayes, 831 So.2d 21, 28 (Ala.2002).

12
Ryan v. Hayesgreen
ala · 2002 · cited in 2 Alabama opinions naming this issue, 2002–2002
2 sentences

2002Upon such a showing, the burden shifts to the plaintiff, who must show that the officer or employee acted fraudulently, willfully, maliciously, or in bad faith.' " Ex parte Alabama Dep't of Transp. , 764 So.2d 1263 , 1268-69 (Ala. 2000) (citation omitted [in Ryan ])." Ryan v. Hayes , 831 So.2d 21 , 28 (Ala. 2002).

2002Upon such a showing, the burden shifts to the plaintiff, who must show that the officer or employee acted fraudulently, willfully, maliciously, or in bad faith.’ “Ex parte Alabama Dep’t of Transp., 764 So.2d 1263, 1268-69 (Ala.2000) (citation omitted [in Ryan]).” Ryan v. Hayes, 831 So.2d 21, 28 (Ala.2002).

12

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Wright v. Wynn green
ala · 1996
1 sentence

1998Wright v. Wynn , supra. The applicability of the doctrine of discretionary function must be determined on a case-by-case basis, and it is a question of law to be decided by the trial court.

11998–1998

← Caselaw search · G Cite Topics · Brief Check