Sovereign Immunity - County Board of Education


Ex parte Montgomery County Board of Education, [Ms. 1170733, Aug. 24, 2018] __ So. 3d __ (Ala. 2018). This unanimous decision by Justice Main grants a petition for writ of mandamus by the Montgomery County Board of Education (“the Board”) directing the Montgomery Circuit Court to dismiss an action against it based on sovereign immunity. The minor plaintiff sued the Board through his mother and next friend seeking compensatory damages and punitive damages arising from an alleged assault on the child by a school employee. The complaint asserted a single count of negligence against the Board and other unidentified fictitious party defendants. Ms. *2. The Court held that the Board “is entitled to have the underlying action against it dismissed because it is an agency of the State and entitled to State immunity under Art. I, § 14 of the Alabama Constitution.” Ms. *4.

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