Ex parte Riggs

Decision Date19 November 1982
Citation423 So.2d 202
Parties8 Ed. Law Rep. 530 Ex parte Dorothy RIGGS. (In re Steve DRINKARD, By and Through his next friend Dorothy RIGGS. David DRINKARD, By and Through his next friend Dorothy RIGGS v. BOARD OF SCHOOL COMMISSIONERS OF MOBILE COUNTY, Alabama; and Thelma Cook). 81-752.
CourtAlabama Supreme Court

Vaughan Drinkard, Jr., and S.C. Middlebrooks of Drinkard & Newton, Mobile, for petitioners.

Clyde P. McLendon, Asst. Atty. Gen., State Dept. of Pensions and Sec., Montgomery, and Richard G. Alexander, Mobile, for respondents.

FAULKNER, Justice.

This is a petition for writ of mandamus. Mrs. Riggs's children were allegedly assaulted by a Mobile schoolteacher, Thelma Cook. Mrs. Riggs reported this to the Department of Pensions and Security. The Department investigated, and during the investigation Ms. Cook is alleged to have made admissions of the assault to the Department.

Mrs. Riggs filed a damage suit against the teacher and the Mobile County school commissioners. Subsequently, she filed a motion to produce all reports, summaries, documented interviews, or other written evidence of any communication to an agent, servant, or employee of the Department of Pensions and Security regarding the Riggs-Cook investigation.

The Department moved for a protective order on the ground of confidentiality of the records, citing Code 1975, § 26-14-8. The trial judge, Michael Zoghby, granted the Department's motion.

The respondent judge declined to have an in camera viewing of the written evidence and ruled that the...

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6 cases
  • McCart v. State
    • United States
    • Alabama Court of Criminal Appeals
    • October 1, 1999
    ...to information material to his defense. Ritchie, 107 S.Ct. at 1002. This same procedure was approved and ordered in Ex parte Riggs, 423 So.2d 202, 203 (Ala. 1982) (in mandamus proceeding, parent in damage suit against teacher sought to have trial judge required to permit her to discover rec......
  • Ex parte Land
    • United States
    • Alabama Court of Criminal Appeals
    • July 2, 1998
    ...(Ala.1997); Ex parte Compass Bank, 686 So.2d 1135 (Ala.1996); Ex parte Life Ins. Co. of Georgia, 663 So.2d 929 (Ala. 1995); Ex parte Riggs, 423 So.2d 202 (Ala. 1982). The Alabama Supreme Court recently in Ex parte Horton, 711 So.2d 979 (Ala.1998), cited the standard of review for evaluating......
  • Esteban v. Esteban (Ex parte Esteban)
    • United States
    • Alabama Court of Civil Appeals
    • August 20, 2021
    ...of the records of the Department of Human Resources to determine if they are material to the issues before the court. Ex parte Riggs, 423 So. 2d 202, 203 (Ala. 1982) (indicating that "the trial judge should conduct an in camera inspection of the subject records and any other written evidenc......
  • Russell v. State, 8 Div. 960
    • United States
    • Alabama Court of Criminal Appeals
    • June 28, 1988
    ...to information material to his defense. Ritchie, 107 S.Ct. at 1002. This same procedure was approved and ordered in Ex parte Riggs, 423 So.2d 202, 203 (Ala.1982) (in mandamus proceeding, parent in damage suit against teacher sought to have trial judge required to permit her to discover reco......
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