Perryman v. Wilcox Cnty. Bd. of Educ. (Ex parte Wilcox Cnty. Bd. of Educ.)
Decision Date | 08 March 2019 |
Docket Number | 1170705 |
Parties | EX PARTE WILCOX COUNTY BOARD OF EDUCATION and Lester Turk, Donald McLeod, Joseph Pettway, Jr., and Shelia Dortch, in their individual and official capacities as members of the Wilcox County Board of Education (In re: Kimberly Perryman, as guardian and next friend of R.M., a minor v. Wilcox County Board of Education and Lester Turk, Donald McLeod, Joseph Pettway, Jr., and Shelia Dortch, in their Individual and official capacities as members of the Wilcox County Board of Education, and Timothy Irvin Smiley and Roshanda Jackson, in their individual and official capacities as teacher and principal, respectively, of J.E. Hobbs Elementary School) |
Court | Alabama Supreme Court |
Dana B. Hill of Hill, Hill, Carter, Franco, Cole & Black, P.C., Birmingham, for petitioners.
Gwendolyn Thomas Kennedy, Montgomery, for respondent.
The Wilcox County Board of Education ("the Board"), and Board members Lester Turk, Donald McLeod, Joseph Pettway, Jr., and Shelia Dortch (hereinafter referred to collectively as "the Board members"), petition this Court for a writ of mandamus directing the Wilcox Circuit Court to vacate its order denying their motion to dismiss the claims against them based on immunity and to enter an order granting that motion. We grant the petition in part and deny it in part.
Perryman asserted claims of assault and battery and intentional infliction of emotional distress against Smiley; claims of negligence and negligent/wanton hiring, training, retention, and supervision against Jackson; and a claim of negligence against the Board. Specifically, the negligence claim against the Board stated: "The ... Wilcox County Board of Education negligently breached [its] dut[y] to R.M. by failing to supervise, discipline or remove if necessary, the Defendant teacher [Timothy Smiley], thereby placing the Plaintiff R.M. in harm's way."
Perryman listed several remedies in the "Prayer for Relief" section of her complaint:
On March 15, 2017, the Board filed a motion to dismiss Perryman's action, asserting State immunity under Art. I, § 14, Ala. Const. 1901, as one of its defenses.
On July 24, 2017, Perryman filed an amended complaint in which she added the Board members as defendants in both their official and individual capacities. In the amended complaint, Perryman asserted, verbatim, the same claims she had asserted in her original complaint, including her negligence claim against the Board. None of the claims specifically mentioned the Board members. The amended complaint requested the same relief as the original complaint.
On August 3, 2017, the Board and the Board members filed a motion to dismiss the amended complaint. Once again, State immunity was asserted as a defense on behalf of the Board, and it was also asserted as a defense for the Board members in their official capacities. The motion to dismiss also asserted that the Board members were entitled to State-agent immunity in their individual capacities for any claims asserted against them.
On August 9, 2017, Perryman filed a response in opposition to the motion to dismiss the amended complaint. Perryman appeared to argue in that response that the defenses of State immunity and State-agent immunity were not available in this case because an assault had occurred that was committed by someone who Jackson knew, and the Board should have known, had a propensity for violence.
Also on August 9, 2017, Perryman filed a second amended complaint. The second amended complaint contained the same factual allegations and asserted the same state-law claims as the previous two complaints. It did not name the Board members in any of the state-law claims. However, the second amended complaint also added a claim alleging a "violation of [R.M.'s] federal civil rights" against all the defendants, including the Board and the Board members, under 42 U.S.C. § 1983 ("the § 1983 claim"). Specifically, the § 1983 claim stated:
The second amended complaint requested the same relief as did the previous two complaints.
On August 21, 2017, the Board and the Board members filed a motion to dismiss the second amended complaint. Once again, they asserted State immunity and State-agent immunity as defenses to Perryman's state-law claims. The Board and the Board members also contended that the amendments to Perryman's original complaint were nullities because, they said, the original complaint, which named only the Board and none of the Board members as defendants, had failed to invoke the subject-matter jurisdiction of the circuit court. With respect to the § 1983 claim, they argued, among other things, that the Board was entitled to immunity under the Eleventh Amendment to the United States Constitution and that the Board members in their individual capacities were entitled to federal qualified immunity.
On November 16, 2017, the circuit court held a hearing on the motion to dismiss filed by the Board and the Board members. On March 21, 2018, the circuit court entered an order denying the motion to dismiss the second amended complaint. In the order, the circuit court did not explicate the reasons for its ruling.
On April 13, 2018, the Board and the Board members filed a motion to stay the circuit court's ruling in anticipation of their filing a petition for a writ of mandamus concerning the March 21, 2018, order denying their motion to dismiss the second amended complaint. On the same date, the circuit court granted the motion to stay. The...
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