holding that Auburn University is an instrumentality of the State of Alabama
How later courts described this case
- holding that Auburn University is an instrumentality of the State of Alabama
- action brought by an employee against agents of the university seeking to compel them to pay him the salary that conformed with his job classification in the university's employee compensation plan was not barred by § 14
- “[W]e conclude that because of the character of the power delegated to it by the state, its relation to the state as an institution of higher learning, and the nature of the function it performs as an institution of higher learning, Auburn University is an instrumentality of the state and therefore immune to suit by the terms of Section 14 of our state constitution.”
- “Auburn University is an instrumentality of the state and therefore immune to suit by the terms of Section 14 of our state constitution.”
Written by the judges who cited it.
The opinion
I concur in the result in that part of the opinion affirming as to Auburn University.
I concur as to the remaining parts of the opinion.