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STATE-AGENT IMMUNITY - EX PARTE JIMMY WALKER

Ex parte Jimmy Walker [Ms. 1131448, Aug. 28, 2015], _ So.3d _ (Ala. 2015). The Supreme Court reverses the Montgomery Circuit Court's denial of a motion for summary judgment filed by a Department of Correction work-release supervisor who claimed he was entitled to state-agent immunity against claims of negligence and wantonness by an inmate injured in a fall from scaffolding while participating in a work- release construction detail. Relying upon Carpenter v. Tillman, 948 So.2d 536 (Ala.

2006), and Ex parte Cranman, 792 So.2d 392 (Ala. 2000), the Supreme Court concludes that the actions of the DOC supervisor "amounted to discretionary actions ... in allocating resources, assigning duties, and choosing the manner in which to perform his role as a carpenter supervisor over the jobsite and the inmates; therefore, the duties

... were within [the supervisor's] authority and required him to exercise judgment in discharging those duties." "Further, the record is devoid of any evidence indicating [the supervisor] violated any applicable DOC rule or regulation governing his conduct or that [he] was acting 'willfully, maliciously, fraudulently, [or] in bad faith' in the exercise of judgment ...." Accordingly, the supervisor was entitled to state-agent immunity under Carpenter v. Tillman and Ex parte Cranman.

Related Documents: Ex parte Jimmy Walker 8-28-15

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