Legal Opinion · Concurring in part, dissenting in part

Alabama Department of Youth Services v. State Personnel Board

Court of Civil Appeals of Alabama

Decided October 24, 2008No. 2070059Published

1Concurring in part, dissenting in part

THOMAS, Judge,

concurring in the judgment and dissenting from the instructions on remand.

The evidence in this case makes it clear that the Alabama Department of Youth Services (“DYS”) considers DYS Policy 9.15, limiting the use of physical force on students, to be an integral part of its purpose, function, and reason for being, see § 44-1-1, Ala.Code 1975 (stating that the purpose of the chapter establishing DYS is “to promote and safeguard the social well-being and general welfare of the youth of the state through a comprehensive and coordinated program of public services for the prevention…

2Cases cited11 opinions

Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
Federal Communications Commission v. National Citizens Committee for BroadcastingSupreme Court of the United States · 1978
ALA. DEPT. OF PUBLIC HEALTH v. PerkinsCourt of Civil Appeals of Alabama · 1985
Ex Parte DunnSupreme Court of Alabama · 2007

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