Opinion

Ex parte State Board of Education

  • 219 So. 3d 604
Court
Supreme Court of Alabama
Filed
Sep 9, 2016
Status
Published
Author
Murdock
On the bench
Bolin, Bryan, Main, Murdock, Parker, Shaw, Stuart, Wise
Cited by
1 cases
Authority
More cited than 17.5%

The opinion

MURDOCK, Justice

(concurring in the result).

I agree in the main with the analysis set out in the main opinion, and I concur in the result reached. I write separately to comment on two aspects of that opinion.

First, as to footnote 7,- 219 So.3d at 614, I have no objection to the respondents’ reliance on Ex parte Jones, 147 So.3d 415 (Ala.2013), as authority regarding the timeliness of a mandamus petition raising immunity concerns. Nonetheless, I have no objection to the timing of the petition in light of the subject-matter-jurisdiction nature of the issué presented.

Second, I see no need, in order to reach the result that is reached, to adopt the statement quoted by the main opinion from Festa v. Santa Rosa County, Florida, 413 Fed.App’x 182, 185 (11th Cir.2011) (an opinion not selected for publication in the Federal Reporter, 219 So.3d at 616), nor the negative implication that, if any of the listed courts has decided an issue,' the law regarding that issue is necessarily “clearly established” for purposes of determining qualified immunity.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.