noting that state immunity and state-agent immunity are "two different forms of immunity” and that those who qualify for state immunity "are treated differently under Alabama law”
How later courts described this case
- noting that state immunity and state-agent immunity are "two different forms of immunity” and that those who qualify for state immunity "are treated differently under Alabama law”
- applying § 11-93-2, but indicating that that Code provision and § 11-47-190 are to be construed in pari materia
- “ ‘[I]t is well established that the legislature, and not this Court, has the exclusive domain to formulate public policy in Alabama.’ ” (Shaw, J., concurring specially) (quoting Boles v. Parris, 952 So.2d 364, 367 (Ala.2006))
- describing the different standards for State immunity and State-agent immunity
Written by the judges who cited it.
The opinion
On Application for Rehearing
SHAW, Justice.
APPLICATION FOR REHEARING. OVERRULED; OPINION OF MAY 21, 2010, MODIFIED.
COBB, C.J., and WOODALL, STUART, PARKER, and MURDOCK, JJ., concur.
BOLIN and SHAW, JJ., concur specially.