Opinion

State v. Harris

  • 612 So. 2d 1177
  • 1992 Ala. LEXIS 1541
  • 1992 WL 371478
Court
Supreme Court of Alabama
Filed
Dec 18, 1992
Status
Published
Author
Maddox
On the bench
Almon, Shores, Adams, Steagall, Ingram, Maddox, Houston, Kennedy
Cited by
4 cases
Authority
More cited than 0.2%

" 'Quasi-judicial immunity is more limited than the immunity afforded to judges and extends only to those acts committed within the scope of the actor's jurisdiction and with the authorization of law.' "

How later courts described this case

  • " 'Quasi-judicial immunity is more limited than the immunity afforded to judges and extends only to those acts committed within the scope of the actor's jurisdiction and with the authorization of law.' "

Written by the judges who cited it.

The opinion

MADDOX, Justice

(dissenting).

A writ of prohibition is an extraordinary remedy and will not issue unless there is no other adequate remedy, and that writ is available to prevent a usurpation or abuse of power where a judge or court undertakes to act in a manner in which he or it has no jurisdiction. Ex parte Strickland, 401 So.2d 33 (Ala.1981).

Based on my reading of the law and the documents submitted by Judge Joseph Phelps, I am convinced that the Court of Criminal Appeals erred in issuing the writ of prohibition against Judge Phelps in this matter. As Justice Houston points out in his dissenting opinion, there is a serious question whether the Board has standing to raise the issue, and there certainly is a question on the scope of the contract entered into by the Board; those questions should not be determined in an extraordinary proceeding. I would grant the writ of prohibition sought by Judge Phelps; consequently, I must respectfully dissent.

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.

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