Ex parte Alabama Department of Corrections.

The Alabama Department of Corrections ("ADOC") petitions this Court for a writ of mandamus directing the Montgomery Circuit Court to enter an order dismissing, on the ground of sovereign immunity the claims asserted against it by Jean and Scott Clowers. Jean Clowers sued ADOC, Isabella Cowan, and fictitiously named parties, seeking to recover damages for injuries she alleges she sustained as a result of a collision between a vehicle she was driving and an ADOC van driven by Cowan, who, at the time of the accident, was a work-release inmate in the custody of ADOC. Clowers alleged in her complaint that ADOC was vicariously liable for Cowan's alleged negligence and/or wantonness in running a red light and thus causing the accident. Clowers's husband, Scott, joined the action, claiming damages for loss of consortium. The Alabama Supreme Court determined ADOC established a clear legal right to the relief requested. Accordingly, the Court granted the petition for the writ of mandamus and directed the circuit court to dismiss the claims against ADOC based on the doctrine of sovereign immunity. View "Ex parte Alabama Department of Corrections." on Justia Law