Legal Opinion

John Doe v. Montgomery Cnty. Bd. of Education (In re Montgomery Cnty. Bd. of Educ.)

Supreme Court of Alabama

Decided August 24, 2018No. 1170733Published

1Opinion of the Court

MAIN, Justice.

The Montgomery County Board of Education ("the Board") petitions this Court for a writ of mandamus directing the Montgomery Circuit Court to dismiss a lawsuit filed against it on the basis of sovereign immunity. We grant the petition and issue the writ.

I. Facts and Procedural History

On January 7, 2018, John Doe, a minor, by and through his mother S.C., filed the underlying action in the Montgomery Circuit Court against the Board, seeking compensatory damages and punitive damages arising from an alleged assault on Doe by a school employee at the elementary school Doe attended, as…

2Cases cited18 opinions

  1. Ex Parte United Service Stations, Inc.Supreme Court of Alabama · 1993
  2. Patterson v. Gladwin Corp.Supreme Court of Alabama · 2002
  3. Ex Parte WoodSupreme Court of Alabama · 2002
  4. Haley v. Barbour CountySupreme Court of Alabama · 2004
  5. Ex Parte Alabama Dept. of Mental HealthSupreme Court of Alabama · 2002

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