Justia Government & Administrative Law Opinion Summaries

Steven Smith, as conservator of the estate of B.J. (minor), appealed a circuit court's grant of summary judgment in favor of defendants Elizabeth Alexander, Amanda Buchanan, and Michael Key on Smith's claims alleging violations of policies promulgated by the State Department of Human Resources ("the State DHR"), negligence, wantonness, and the tort of outrage. In May 2015, Key was employed by the Cullman County DHR as a foster-care supervisor, responsible for supervising Cullman County DHR caseworkers. Key reported to Buchanan, who oversaw the Child Family Services Program, the Child Protective Services Program, and the Foster Care Program for the Cullman County DHR. Buchanan in turn reported to Alexander, the director of the Cullman County DHR. B.J. was placed in the custody of the Cullman County DHR when he was three years old after having suffered physical abuse, sexual abuse, and neglect at the hands of family members. In 2002, the trial court awarded the Cullman County DHR legal guardianship and permanent custody of B.J. While in the custody of the Cullman County DHR, B.J. was placed in a number of foster homes, group homes, residential facilities, hospitals, and psychiatric institutions. In July 2014, B.J. was placed by the Cullman County DHR at the Altapointe Group Home. While there, B.J. underwent an assessment, which revealed he had regularly exhibited violent outbursts and physically aggressive behavior toward others; he had a history of depression, suicide and delusional thinking; and engaged in impulsive and delinquent behavior. B.J. would ultimately be arrested for such behavior towards others. B.J. had personal funds with which he could post bail, but the decision was made he should have remained in jail pending an arrangement for further mental health counseling. Smith argued defendants' decisions leaving B.J. incarcerated did not follow departmental policies of least-restrictive-placement-possible, and as such, caused B.J. irreparable harm. The Alabama Supreme Court found that each crucial decision made by the defendants -- i.e., the decisions not to place B.J. at the Gateway facility and not to post B.J.'s bond before his court date -- were made with B.J.'s best interests in mind after consideration of all the relevant recommendations and factors. Accordingly, Smith failed to provide substantial evidence demonstrating that the defendants acted willfully in dealing with B.J. and that, therefore, they were not entitled to the protection of State-agent immunity. View "Smith v. Alexander, et al." on Justia Law

John Cooper, the director of the Alabama Department of Transportation ("ALDOT"), sought a writ of mandamus to direct the Morgan Circuit Court to dismiss an action commenced against him by William Hulsey and Traci Bullard. Hulsey was injured when he lost control of his vehicle during a winter weather event. Hulsey and Bullard, his common-law wife, sued Cooper, individually, for damages: Hulsey based on personal injury, Bullard based on loss of consortium. Hulsey and Bullard alleged that ALDOT employees made the road surface slick by applying an improper mixture of anti-icing brine and diesel fuel to it, then aggravated the slickness by flushing the road with water, then failed to warn drivers and close the road. Hulsey and Bullard also alleged that Cooper failed to supervise and train ALDOT employees and to ensure that they followed ALDOT policies. The Alabama Supreme Court found that because Hulsey's and Bullard's claims were based on Cooper's official duties as director, he was entitled to a dismissal based on State immunity. THe Court thus granted the director's petition. View "Ex parte John Cooper" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the decision of the Workers' Compensation Board reversing the decision of the administrative law judge (ALJ) granting permanent partial disability benefits (PPD) to Richard Russell but finding that certain medical expenses were submitted untimely and were therefore non-compensable, holding that there was no error.Russell sustained a work-related injury to his right arm and sought workers' compensation benefits. The ALJ found that Russell did not timely submit his medical bills, so they were not compensable, but otherwise granted PPD benefits. The Board reversed, concluding that the medical bills were not submitted untimely. The court of appeals affirmed. The Supreme Court affirmed, holding that Russell timely submitted his medical expenses. View "Wonderfoil, Inc. v. Russell" on Justia Law

The Eleventh Circuit affirmed the district court's dismissal of plaintiffs' Federal Tort Claims Act (FTCA) suit against the United States after Steve Smith and his daughter, Sydney, were killed when their car struck two mailboxes. Plaintiffs claim that the Postal Service is liable because it failed to warn the mailboxes' owners that the mailboxes did not comply with various safety regulations.The court concluded that, even assuming plaintiffs are correct—about both the regulatory infractions and the Postal Service's duty to provide warnings about those infractions—the United States cannot be held liable. The court explained that the FTCA waives sovereign immunity for the acts or omissions of a federal employee only when a private person would be liable under state tort law for those same acts or omissions. In this case, plaintiffs pointed to no state law duty where the duty plaintiffs allege, negligence per se based on the Postal Service's requirement to notify homeowners if their mailboxes did not conform to various safety standards, would spring only from federal guidance—the Postal Operations Manual. View "Smith v. United States" on Justia Law

X.M., a student at Maple Elementary School, sued Hesperia Unified School District (HUSD), claiming he was sexually assaulted on campus by one of their employees. He sought treble damages under Code of Civil Procedure section 340.1, alleging his assault resulted from HUSD’s cover up of a prior sexual assault by the same employee. The trial court granted the school district’s motion to strike the increased damages request on the ground that treble damages under section 340.1 were primarily punitive and therefore barred by Government Code section 818. X.M. filed a petition for writ of mandate asking the Court of Appeal to vacate the trial court’s order and conclude section 818’s immunity did not apply to the treble damages provision at issue here. He argued the primary purpose of the provision is to compensate victims of childhood sexual assault for the additional harm caused by discovering their abuse could have been prevented if those entrusted with their care had responded differently to prior sexual assaults on their watch. In the alternative, he argues the provision’s primary purpose is to incentivize victims to come forward and file lawsuits. The Court concluded the primary purpose of section 340.1’s treble damages provision was punitive because it was designed to deter future cover ups by punishing past ones. "[T]he economic and noneconomic damages available under general tort principles are already designed to make childhood sexual assault victims whole ... It is the rare treble damages provision that isn’t primarily designed to punish and deter misconduct, and nothing in section 340.1 or its legislative history convinces us the Legislature intended the increased award to be more compensatory (or incentivizing) than deterrent." Further, the Court held that section 818’s immunity applied when the defendant was a public agency like HUSD. The Court therefore denied the petition. View "X.M. v. Super. Ct." on Justia Law

The Alaska Workers’ Compensation Act applied a two-year limitations period to claims for “compensation for disability.” In 1988, the legislature reconfigured one type of compensation — for permanent partial disability — as compensation for permanent partial impairment. The claimant here argued this amendment exempted claims for impairment compensation from the statute of limitations. The Alaska Supreme Court disagreed: because the statutory text contains ambiguity and the legislative history evinced no intent to exempt impairment claims from the statute of limitations, the Court ruled that claims for impairment compensation were subject to the Act’s two-year limitations period. A secondary issue in this case was whether the Alaska Workers’ Compensation Board properly denied paralegal costs for work related to other claims. The applicable regulation required a claim for paralegal costs be supported by the paralegal’s own affidavit attesting to the work performed. To this, the Supreme Court rejected the claimant’s argument that this regulation was contrary to statute and the constitution. View "Murphy v. Fairbanks North Star Borough" on Justia Law

Amy Williamson petitioned the Alabama Supreme Court for a writ of mandamus directing the Tuscaloosa Circuit Court to enter a summary judgment in her favor based on State-agent immunity. Twenty-year-old Re.W. was a student in the CrossingPoints program, a collaborative program between the University of Alabama, the Tuscaloosa City Board of Education, and the Tuscaloosa County Board of Education that served college-aged students with mental disabilities. Williamson was a teacher in the program and an employee of the Tuscaloosa City Board of Education, and Amy Burnett was a "para-educator" with the program. In 2015, Williamson and Burnett transported Re.W. and three other students to various businesses to submit job applications. While Williamson and Burnett took two students into a Lowe's home-improvement store to submit applications, Re.W. and a male student stayed in the CrossingPoints van. Re.W. stated that, during the short time that the others were inside the store, the male student touched her on her breast and between her legs. In 2019, Re.W., by and through her parents and next friends, Ro.W. and V.W., sued Williamson on counts of negligent, wanton, and/or willful failure to perform ministerial acts and the tort of outrage. Williamson filed an answer to the complaint denying the material allegations and asserted multiple affirmative defenses. Williamson later moved for summary judgment, asserting, among other things, that Re.W.'s claims were barred by the doctrine of State-agent immunity. Because the Alabama Supreme Court concluded that Williamson established that, at the time of the incident, she was performing a discretionary function, and because the Court concluded Re.W. did not present any evidence to establish that an exception to State-agent immunity applied, Williamson established that she was entitled to State-agent immunity. Accordingly, the petition for the writ of mandamus was granted and the trial court directed to vacate its order denying Williamson's motion for a summary judgment, and directed to enter a summary judgment for Williamson. View "Ex parte Amy Williamson." on Justia Law

Plaintiff Wendy McKenzie was injured by a falling tree branch while jogging in Lower Bidwell Park, a municipal park owned by the City of Chico, California. She and her husband, Leslie McKenzie, real parties in interest, sued the City for personal injuries. The City sought a preemptory writ of mandate directing the trial court to vacate its denial of its motion for summary judgment and to grant the motion, arguing the trial court, in denying the motion, failed to recognize the City was immune from liability for injuries caused by a natural condition of unimproved public property, under Government Code section 831.2. The Court of Appeal concurred with the City and issued the requested writ. View "City of Chico v. Superior Court" on Justia Law

The Supreme Court reversed the judgment of the circuit court affirming the decision of the South Dakota Department of Labor and Regulation (Department) concluding that it lacked jurisdiction over Plaintiff's claim seeking workers' compensation benefits, holding that the Department had the authority to adjudicate Plaintiff's claim.Plaintiff was injured in Wyoming while working at a job for Defendant, a corporation formed and headquartered in South Dakota. Plaintiff applied for and received workers' compensation benefits in Wyoming. Later, Plaintiff sought benefits in South Dakota, which has more favorable workers' compensation statutes. The South Dakota Department of Labor and Regulation dismissed the petition, concluding that it lacked jurisdiction. The circuit court affirmed. The Supreme Court reversed, holding that South Dakota had a substantial connection to the parties' employment relationship sufficient to provide the Department with authority to adjudicate Plaintiff's claim. View "Anderson v. Tri State Construction, LLC" on Justia Law

The Supreme Court reversed the portion of the judgment of the court of appeals applying the law of the case doctrine to this appeal of an award of workers' compensation benefits but affirmed the judgment of the court of appeals upholding the Workers Compensation Commission's award of benefits to Plaintiff, holding that the evidence supported the award.Plaintiff's claim was initially denied on the basis that, although Plaintiff had clearly suffered an injury, he failed to establish an identifiable incident or sudden precipitating event that caused the injury. The Commission reversed the Deputy Commissioner's ruling and entered an award of benefits. The court of appeals ultimately affirmed. The Supreme Court affirmed in part and reversed in part, holding (1) the court of appeals erred in its application of the law of the case doctrine; and (2) the evidence supported the Commission's award of benefits to Plaintiff. View "City of Charlottesville v. Sclafani" on Justia Law