Ex parte Kozlovski, [Ms. 1140317, Apr. 24, 2015] __ So.3d __ (Ala. 2015). The Supreme Court
grants a petition for a writ of mandamus and orders the Mobile Circuit
Court to enter a summary judgment in favor of a psychiatrist employed
by the Alabama Department of Mental Health on the basis of state-agent
immunity. The Court holds that the psychiatrist established she met the
criteria of
Ex parte Cranman, 792 So.2d 392 (Ala. 2000), and thus "shall be immune from civil liability in his or her personal capacity,"
through "exercising judgment in the discharge of duties imposed by
statute, rule, or regulation in ... releasing persons of unsound mind
...." Ms. *10. Adhering to the burden-shifting standard for assessment
of claims of state-agent immunity set forth in
Ex parte Kennedy, 992 So.2d 1276, 1282-83 (Ala. 2008), the Court concluded the psychiatrist
met her initial burden of "demonstrating that the plaintiff's
claims arise from a function that would entitle the state agent to immunity"
such that the burden shifted to the plaintiff "to show that one of
the two categories of exceptions to state-agent immunity recognized in
Cranman is applicable." Ms. *11. Upon review of the evidence, the
Court concluded plaintiff failed to meet his burden of showing "the
state agent acted willfully, maliciously, fraudulently, in bad faith,
or beyond his or her authority" or "failed 'to discharge
duties pursuant to detailed rules or regulations, such as those stated
on a checklist.'"
Id.
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