Opinion

Ex Parte Alabama Dept. of Youth Services

  • 880 So. 2d 393
  • 2003 WL 22320936
Court
Supreme Court of Alabama
Filed
Oct 10, 2003
Status
Published
Author
Harwood
On the bench
Harwood, Johnstone, Rationale
Cited by
29 cases

holding that, at the motion to dismiss stage, the defendant was not entitled to state-agent immunity on the plaintiffs’ claims, including one for outrage, because “the plaintiffs’ state-law claims The absence of these policies—which undoubtedly will be the subject of discovery—from the record provides additional support for the finding that Maye is not entitled to state-agent immunity at the motion to dismiss stage. against [the defendant] expressly allege[d] that his conduct was either malicious, willful,” or intentional

How later courts described this case

  • holding that, at the motion to dismiss stage, the defendant was not entitled to state-agent immunity on the plaintiffs’ claims, including one for outrage, because “the plaintiffs’ state-law claims The absence of these policies—which undoubtedly will be the subject of discovery—from the record provides additional support for the finding that Maye is not entitled to state-agent immunity at the motion to dismiss stage. against [the defendant] expressly allege[d] that his conduct was either malicious, willful,” or intentional
  • 'Inasmuch as the issue before us is whether the trial court correctly denied a Rule 12(b)(6), Ala. R. Civ. P., motion to dismiss, "[t]his Court must accept the allegations of the complaint as true." ' (quoting Creola Land Dev., Inc. v. Bentbrooke Hous., L.L.C., 828 So. 2d 285, 288 (Ala. 2002))
  • 'Inasmuch as the issue before us is whether the trial court correctly denied a Rule 12(b)(6
  • “State law sovereign immunity is relevant [in the Eleventh Amendment context] only as it indicates whether the state considers the entity to be part of the state. It is at best only a rough, overly 13 Case: 13-14182 Date Filed: 11/04/2014 Page: 14 of 18 inclusive gauge of the arm-of-the-state status under the Eleventh Amendment[.]”

Written by the judges who cited it.

The opinion

I concur in the result as to the part of the opinion entitled "Eleventh Amendment Immunity." I concur fully in the remainder of the opinion.

LYONS and WOODALL, JJ., concur.

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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