Opinion

Ex Parte Butts

  • 775 So. 2d 173
  • 2000 WL 1006962
Court
Supreme Court of Alabama
Filed
Jul 21, 2000
Status
Published
Author
Maddox
On the bench
From, III, Lyons, Maddox, Parts, Rationale, See
Cited by
267 cases
Authority
More cited than 15.0%

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

I concur as to Parts I and II. Regarding Part III, I concur in the result but dissent from the rationale. The state of the record in this case is similar to the state of the record in Patton v. Black , 646 So.2d 8 (Ala. 1994). In Patton , I stated, "I was almost persuaded that the defendant was correct in her argument that [the record showed] that the plaintiff did not state any set of facts upon which relief could be granted . . . ." 646 So.2d at 11 (Maddox, J., concurring in the result). That is the situation I find myself in with this case; consequently, I concur in the result reached by the majority in Part III, as I did in Patton , 646 So.2d at 10 . However, because the majority adopts the formulation of the test for determining when State employees sued in their individual capacities are entitled to assert the defense of State-agent immunity, that was set out in Ex parte Cranman , [Ms. 1971903, June 16, 2000], ___ So.2d ___ (Ala. 2000), I must respectfully dissent from the rationale of Part III. Therefore, as to Parts I and II, I concur; but as to Part III I concur in the result but dissent from the rationale.

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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