Legal Opinion · Concurring in part, dissenting in part

Al-Sulaibe Ex Rel. Jones v. Monroe County Board of Education

Supreme Court of Alabama

Decided May 14, 2010No. 1090387Published

1Concurring in part, dissenting in partMurdock, Justice

I concur with the conclusion in the majority opinion that the Monroe County Board of Education is entitled to a summary judgment because the claims against it are barred by absolute immunity. I respectfully dissent from the conclusion that Frankye Beal is not also entitled to a summary judgment.

I dissent as to the latter issue because of concerns I previously have expressed to the effect that this Court is over-applying the “beyond-authority” exception to State-agent immunity. These concerns are summarized in my special writing in Ex parte Watson, 37 So.3d 752, 765-66 (Ala.2009) (Murdock, J.,…

2Cases cited6 opinions

  1. Ex Parte CranmanSupreme Court of Alabama · 2000
  2. Ex Parte ButtsSupreme Court of Alabama · 2000
  3. Ex Parte KennedySupreme Court of Alabama · 2008
  4. Bell v. ChisomSupreme Court of Alabama · 1982
  5. Ex Parte HaylesSupreme Court of Alabama · 2002

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