Blue Ridge Sand & Gravel, Inc. v. Alabama Department of Transportation

While I concur with the majority in reversing the trial court on its denial of the motion for summary judgment filed by the Department of Transportation, I dissent from the reversal of the denial of the individual defendants’ motion for summary judgment. I dissent because the main opinion violates clear and settled principles of law by conducting this interlocutory review of the merits of a motion for summary judgment at the instance of individual defendants who have invalidly invoked qualified immunity.

Qualified immunity bars only claims for a state employee’s negligence in the performance…