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CIVIL PROCEDURE / STATE AGENT IMMUNITY - NECESSARY PARTIES - CITY OF GADSDEN V. BOMAN

City of Gadsden v. Boman, [Ms. 1111273, Sept. 14, 2012] __ So. 3d __ (Ala. 2012). Boman, a retired Gadsden police officer, sued regarding his health coverage and Medicare coverage. The Circuit Court awarded relief, but the Supreme Court reversed due to the absence of necessary parties, as required by Rule 19(a), Ala. R. Civ. P. The Court held that the members of the State Employees' Insurance Board should have been made parties in their official capacities because the claim "directly challenges the Board's administration of the plan." The Court held that because Boman's claim sought "to compel state officials to perform their legal duties [under] ¤ 36-29-14(c) ..., it is not barred by ¤ 14 immunity." "Because the Board's construction of the plan is at the heart of this dispute, that construction must be adjudicated in this action, and its officials must be bound by any such adjudication."
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