# Carroll v. Hammett

> Supreme Court of Alabama · October 1, 1999 · 744 So. 2d 906

URL: https://www.frixlaw.com/law-library/cases/9935465

## Case

- **Full name:** Dusty Vernon Voyless Carroll, Jr., a Minor, by and Through His Mother and Next Friend, Sheila Darlene Slaught v. David Hammett, Individually and as Assistant Principal of Pleasant Valley High School, and Calhoun County Board of Education.
- **Court:** Supreme Court of Alabama
- **Decided:** October 1, 1999
- **Citations:** 744 So. 2d 906; 1999 WL 778469
- **Precedential status:** Published
- **Opinion:** Concurrence by Johnstone
- **Judges:** Johnstone, See
- **Cited by:** 11 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/9935465

## How later opinions describe it (automated extraction)

- stating that “a person who acts as an agent of a county board of education shares in the State’s sovereign immunity if the act complained of was committed while that person was performing a discretionary act” and defining a “discretionary” act as one that “requires exercise in…

## Opinion text

I concur only in the result because I think the discretionary-function test for qualified immunity serves no valuable public policy and has proved itself unworkable in the absurdly disparate results it has produced over the years. The better rationale for the result reached in the case before us is that a state employee is protected by qualified immunity if the state employee's act or omission grounding the plaintiff's claim was entailed by a function of the state employment that inherently consists of deciding between or among conflicting or competing demands or interests of different people or groups of people. *Page 913

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9935465. Public record. Not legal advice.