Opinion

Ex Parte Butts

  • 775 So. 2d 173
  • 2000 WL 1006962
Court
Supreme Court of Alabama
Filed
Jul 21, 2000
Status
Published
Author
See
On the bench
From, III, Lyons, Maddox, Parts, Rationale, See
Cited by
267 cases

holding that further discovery was needed before the plaintiffs' wrongful-death action could be dismissed based upon the defendants' claim of State-agent immunity

How later courts described this case

  • holding that further discovery was needed before the plaintiffs' wrongful-death action could be dismissed based upon the defendants' claim of State-agent immunity
  • adopting the "new test" for determining when State employees sued in their individual capacities are entitled to assert the defense of State-agent immunity, as formulated by a plurality of the Court in Ex parte Cranman, 792 So.2d 392 (Ala. 2000)
  • stating that officers have the authority to "enforce[ ] ... the criminal laws of the State"
  • “As a general rule, a motion to dismiss ‘ “for failure to state a claim is properly granted only when it appears beyond a doubt that the *22 plaintiff can prove no set of facts entitling him to relief.” ’ ” (quoting Patton v. Black, 646 So.2d 8, 10 (Ala.1994), quoting in turn Winn-Dixie Montgomery, Inc. v. Henderson, 371 So.2d 899 (Ala.1979))

Written by the judges who cited it.

The opinion

For the reasons set forth in my dissenting opinion in Ex parte Cranman , [Ms. 1971903, June 16, 2000] ___ So.2d ___, ___ (Ala. 2000) (See, J., dissenting), I dissent from the adoption, in this case, of the test for State-agent immunity (also referred to as discretionary-function immunity or qualified immunity) set forth in the main opinion in Ex parte Cranman .

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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