Lewis v. Perry County Board of Education

MURDOCK, justice

(concurring in the result).

The third of various categories of immune conduct described in Ex parte Cranman, 792 So.2d 392, 405 (Ala.2000), is discharging duties in accordance with a rule or regulation that prescribes the manner for performing those duties. Unfortunately, decisions of this Court have seized upon the converse of this circumstance as an exception to immunity that not only prevents the actor from qualifying for protection under this third category, but de*1130prives the actor of protection under any category of Cranman immunity. See, e.g., Ex parte Lawley, 38 So.3d 41,…