MOTOR VEHICLE ACCIDENT - ALABAMA DEPARTMENT OF CORRECTIONS - ABSOLUTE IMMUNITY - EX PARTE ALABAMA DEPARTMENT OF CORRECTIONS
Ex parte Alabama Department of Corrections, [Ms. 1160413, Aug. 25, 2017] __ So. 3d __ (Ala. 2017). In a unanimous decision by Justice Sellers, (Stuart, C.J., and Bolin, Parker, Murdock, Shaw, Main, Wise, and Bryan, JJ., concur), the Court issues a writ of mandamus directing the circuit court to dismiss an action against the Alabama Department of Corrections (ADOC) based on sovereign immunity. The plaintiff, who was injured in a motor vehicle accident with a work-release inmate driving an ADOC van, asserted vicarious liability claims for money damages against ADOC. The Court held that the immunity provided the State and its agencies in § 14, Ala. Const. 1901, is absolute and impregnable. “‘Absolute immunity’ means just that – the state and its agencies are not subject to suit under any theory.” Ms. *4.