# Hickman v. Dothan City Bd. of Educ.

> Supreme Court of Alabama · October 1, 1982 · 421 So. 2d 1257

URL: https://www.frixlaw.com/law-library/cases/9935170

## Case

- **Full name:** Shanda Hickman v. Dothan City Board of Education
- **Court:** Supreme Court of Alabama
- **Decided:** October 1, 1982
- **Citations:** 421 So. 2d 1257; 7 Educ. L. Rep. 1096
- **Precedential status:** Published
- **Opinion:** Dissent by Embry
- **Judges:** Adams, Embry
- **Cited by:** 31 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9935170

## How later opinions describe it (automated extraction)

- holding that the decision not to retain a teacher for the next school year was a discretionary function for which the defendants possessed qualified immunity
- affirming dismissal of tort claims against school board employees sued in their official capacities on basis that they were entitled to sovereign immunity

## Opinion text

I respectfully dissent and refer the reader to my views expressed in my dissent in Bell v. Chisom , 421 So.2d 1239 (Ala. 1982). I would hold that the party seeking recovery of one who has a defense based upon the immunity doctrine must negate in the complaint the cloak of immunity that would be presumed to exist with regard to state employees. Further, I would hold that a state employee engaged in a discretionary function should be sued in a representative capacity, thus causing liability for the payment of any judgment to rest upon the agency or department of the state for which the individual is performing the services out of which the liability to the plaintiff arose.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9935170. Public record. Not legal advice.