Hill By and Through Webb v. Allen
Citation | 495 So.2d 32 |
Parties | 35 Ed. Law Rep. 851 Tamara "Tammy" HILL, a minor, who sues By and Through her mother and next friend, Linda WEBB, etc., et al. v. Ed ALLEN, et al. 85-100. |
Decision Date | 01 August 1986 |
Court | Alabama Supreme Court |
Winston V. Legge, Jr. of Patton, Latham, Legge & Cole, Athens, for appellants.
Donna S. Pate and J.R. Brooks of Ford, Caldwell, Ford & Payne, Huntsville, for appellees.
This is an appeal by plaintiffs from a judgment on the pleadings granted to certain defendants in plaintiffs' action to recover damages. That judgment on the pleadings was certified as final pursuant to Rule 54(b), A.R.Civ.P. We affirm.
Plaintiffs are six mentally retarded children who sued pro ami. The appellees are the members of the Cullman City Board of Education, the special education coordinator, the superintendent of the City Board of Education, and Stanley Johnson, principal of the John C. Cullman Middle School, all being sued in their official capacities.
The gist of plaintiffs' complaint was that these plaintiffs were enrolled at the John C. Cullman Middle School as special students, and that they were subjected to "numerous incidents of abuse, physical, mental, and sexual [by certain other defendants described as] instructors and aides ... charged with the responsibility of instructing and educating these ... children, under the laws of the State of Alabama." The complaint against the appellees alleged:
By amendment, plaintiffs added these charges:
By another amendment, the plaintiffs sought injunctive relief by requiring the promulgation of "rules and regulations designed to insure the protection from physical and mental abuse of the mentally retarded students in the City Schools of Cullman, Alabama," and other relief.
The defendants in question moved for judgment on the pleadings. After a hearing and due consideration, the trial court entered an order, which we quote in part:
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