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STATE-AGENT IMMUNITY - N.C. V. P.R. CALDWELL

In N.C. v. P.R. Caldwell, [Ms. 1081434, Apr. 22, 2011] __ So. 3d __(Ala. 2011), Plaintiff N.C. was a minor student at Edward Bell High School. In October 2005, N.C. was allegedly raped by another student, A.H. In her suit, N.C. filed claims against the physical-education teacher, P.R. Caldwell, who was responsible for the class. N.C.'s claims included allegations that Caldwell was acting beyond the scope of his authority, and thus not subject to state-agent immunity. Specifically, N.C. alleged that Caldwell had appointed A.H. as a teacher's aide and that Caldwell failed to report prior instances where female students had complained of A.H. acting inappropriately. The trial court granted Caldwell's motion for summary judgment on the issue of state-agent immunity. N.C. appealed. On appeal, the Alabama Supreme Court, finding that a genuine issue of fact existed as to whether Caldwell was acting beyond the scope of his authority, reversed and remanded the case for further proceedings.

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