Legal Opinion · Dissent
Corley v. Richardson
Supreme Court of Alabama
Decided July 21, 2017No. 1160132Published
1Dissent
SHAW, Justice (dissenting).
I respectfully dissent. The material facts in this case are related above in Justice Parker's dissenting opinion; there is no need for me to repeat them all here. My reasons for dissenting are as follows.
It appears to me that the motion to dismiss filed by Valerie A. Richardson, in her capacity as president of Bishop State Community College ("BSCC"), for lack of subject-matter jurisdiction advanced, under Rule 12(b)(1), Ala. R. Civ. P., a "facial" challenge to Jason S. Corley's complaint.
" 'Facial challenges, such as motions to dismiss for lack of standing at the…
2Cases cited7 opinions
- Jerome Stevens Pharmaceuticals, Inc. v. Food & Drug AdministrationCourt of Appeals for the D.C. Circuit · 2005
- Lindsey v. United StatesDistrict Court, District of Columbia · 2006
- Alabama Dept. of Transp. v. Harbert Intern., Inc.Supreme Court of Alabama · 2008
- Ex Parte Safeway Ins. Co. of Alabama, Inc.Supreme Court of Alabama · 2008
- McDowell-Purcell, Inc. v. BassSupreme Court of Alabama · 1979
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