Justia Government & Administrative Law Opinion Summaries

The dispute arose when a property owner obtained a building permit from a city and was required, under the city’s standard procedures, to submit a form containing financial information about subcontractors before the city would conduct necessary inspections and issue a certificate of occupancy. The property owner refused to provide the requested information, leading the city to withhold inspections. As a result, the property owner filed suit, seeking a declaratory judgment that the city lacked authority to require such information and requesting an order compelling the city to perform the inspections. The owner also sought damages for delays allegedly caused by the city’s refusal to inspect.After the property owner settled with the city’s building inspector, the case proceeded in the Baldwin Circuit Court. The jury was asked to decide both the declaratory judgment and damages claims, ultimately finding in favor of the property owner and awarding over $3.5 million in damages. The city appealed. The Supreme Court of Alabama, in a prior decision, held that the damages claim was barred by substantive immunity and reversed the damages award, but did not address the declaratory judgment claim, remanding the case for further proceedings.On remand, the Baldwin Circuit Court entered judgment for the property owner on the declaratory judgment claim but did not award damages. The city appealed again. The Supreme Court of Alabama held that, because the inspections had already been completed and all requested relief had been granted or resolved, no justiciable controversy remained. Therefore, the trial court lacked subject matter jurisdiction to enter a declaratory judgment. The Supreme Court of Alabama reversed the trial court’s judgment and remanded the case for dismissal. View "City of Orange Beach v. Boles" on Justia Law

The case centers on a dispute between a city and a county sheriff regarding the responsibility for accepting and housing individuals arrested by city police officers for on-sight violations of state law, including misdemeanors, at the county jail. In late 2023, the sheriff implemented a policy refusing to accept arrestees from the city without a warrant issued by a county magistrate, even for offenses committed in the presence of city officers. After discussions, the sheriff temporarily relented, and a Memorandum of Understanding (MOU) was executed, allowing the city to transport such arrestees to the county jail. However, this arrangement ended when the sheriff again refused to accept arrestees due to issues with warrant entry procedures and declined to sign a required state form that would have resolved the procedural issue.The Jefferson Circuit Court granted a judgment on the pleadings in favor of the sheriff and the county commission, dismissing the city’s complaint for lack of subject-matter jurisdiction. The trial court found the matter moot, reasoning that the MOU had expired, and concluded that the city’s request amounted to seeking an advisory opinion. The court also dismissed a counterclaim by the county commission.On appeal, the Supreme Court of Alabama determined that the trial court erred in dismissing the complaint for lack of justiciability, finding that a bona fide controversy existed regarding the sheriff’s obligation to accept arrestees without a warrant. However, the Supreme Court of Alabama affirmed the judgment on the pleadings on alternative grounds, holding that no law requires the sheriff to accept arrestees from the city without a warrant, nor is the sheriff required to sign the state form absent a legal obligation. The court concluded that the sheriff and county commission were entitled to judgment as a matter of law. View "City of Birmingham v. Pettway" on Justia Law

A firefighter employed by the City of Birmingham developed hypertension during his employment and applied to the City of Birmingham Retirement and Relief System for both extraordinary and ordinary disability benefits, arguing that his condition and the medications required to control it prevented him from safely performing his job. He detailed unsuccessful attempts to manage his hypertension with various medications and provided medical opinions supporting his claim that only beta-blockers, which are not recommended for firefighters, could control his blood pressure. The Board, after considering the opinion of its medical expert, denied both applications, concluding that he had not exhausted all other antihypertensive regimens.The firefighter sought review of the Board’s decisions by filing a petition for a writ of mandamus in the Jefferson Circuit Court, as permitted by statute. Initially, the circuit court dismissed the action for lack of service, but the Supreme Court of Alabama reversed that dismissal and remanded the case. After service was obtained, the respondents argued that the claim for extraordinary disability benefits failed as a matter of law because the hypertension was not caused by a specific workplace accident, and that the Board’s denial of ordinary disability benefits was not manifestly wrong. The circuit court denied the mandamus petition without a hearing or consideration of evidence beyond the pleadings.The Supreme Court of Alabama affirmed the circuit court’s denial of extraordinary disability benefits, holding that the statutory requirements were not met because the disability did not result from an accident at a definite time and place. However, the Supreme Court reversed the denial of ordinary disability benefits, finding that the circuit court erred by not allowing the petitioner to present evidence or reviewing the evidence considered by the Board. The case was remanded for further proceedings on the ordinary disability claim. View "Hoffman v. City of Birmingham Retirement and Relief System" on Justia Law

The case involves a dispute between the operator of a day-care center and various officials and employees of the Alabama Department of Human Resources (ADHR) and the Elmore County Department of Human Resources (EDHR). The operator applied to renew the day-care’s license, but a background check revealed that one employee, V.F., had a prior indicated report for child abuse. ADHR officials informed the operator that the license could not be renewed unless V.F. was terminated or cleared. After V.F. was terminated, further disputes arose regarding documentation and access to the facility. ADHR officials subsequently reported alleged deficiencies, leading to the temporary suspension and eventual revocation of the day-care’s license, as well as the operator’s arrest. The criminal charges were later dismissed, and after an administrative hearing, the day-care was relicensed.Previously, the administrative law judge (ALJ) conditionally affirmed ADHR’s decision to revoke the license but allowed for relicensing if the facility met standards. The Montgomery Circuit Court affirmed the ALJ’s decision, and the Alabama Court of Civil Appeals dismissed a further appeal as moot after the license was reissued. The operator and the day-care then filed a new lawsuit in circuit court against the DHR employees, alleging various torts and seeking declaratory relief. The DHR employees moved to dismiss, arguing collateral estoppel based on the prior administrative proceedings. The circuit court granted the motion, dismissing the claims.The Supreme Court of Alabama reviewed whether the circuit court properly dismissed the claims on collateral estoppel grounds. The Court held that, because the circuit court considered materials outside the complaint, the motion to dismiss was converted to a summary judgment motion. The Court found that the plaintiffs failed to adequately argue that collateral estoppel did not apply and affirmed the circuit court’s judgment. The Supreme Court of Alabama thus affirmed the dismissal of the claims. View "Williams v. Dodd" on Justia Law

On June 23, 2019, a multi-vehicle accident occurred on Interstate 59 in Birmingham, Alabama. John Daniels, Jr. lost control of his car after being struck by another vehicle and crashed into the concrete median, where his car was subsequently hit by other vehicles. Nicholas Raynard Smith, Jr., riding a motorcycle with a companion, approached the accident scene and collided with Daniels’s car, suffering severe injuries. There was conflicting evidence about whether the streetlights near the accident site were operational at the time, but it was undisputed that two specific streetlights were not working when first responders arrived. Smith alleged that the City of Birmingham was responsible for maintaining those streetlights and had been on notice of lighting problems in the area.Smith filed suit in the Jefferson Circuit Court, asserting claims of negligence and negligent hiring, training, supervision, and/or retention against the City. The court dismissed Smith’s wantonness and recklessness claims, leaving only the negligence-based claims. The City moved for summary judgment, arguing it was entitled to municipal and substantive immunity. The circuit court denied the motion, finding that factual questions remained regarding the City’s notice of the lighting issue and whether the inoperable streetlights proximately caused Smith’s injuries.The Supreme Court of Alabama reviewed the City’s petition for a writ of mandamus. The Court held that the City was entitled to substantive immunity on Smith’s negligence claim, concluding that a municipality’s voluntary maintenance of streetlights for public safety does not create a legal duty to individual motorists. The Court also noted Smith’s concession that his negligent hiring, training, supervision, and/or retention claim should be dismissed. Accordingly, the Supreme Court of Alabama granted the City’s petition and directed the circuit court to enter summary judgment in favor of the City. View "Ex parte City of Birmingham PETITION FOR WRIT OF MANDAMUS" on Justia Law

Jessica De'Andrea, a patrol officer with the Montgomery Police Department, was involved in a motor vehicle collision while on duty. The driver of the other vehicle, Clint Walters, later sued De'Andrea individually for negligence, resulting in a $550,000 judgment against her after a jury trial. De'Andrea alleged that the City of Montgomery, which had procured liability insurance and acted as a self-insurer for its employees, failed to properly defend her, did not communicate settlement or appeal options, and refused to satisfy the judgment. She claimed these failures led to her bankruptcy and brought multiple claims against the City, including breach of contract, bad faith, fraudulent misrepresentation, and violations of the Alabama Legal Services Liability Act.The Montgomery Circuit Court denied the City's motions to dismiss, finding it was not apparent beyond doubt that De'Andrea could prove no set of circumstances entitling her to relief. The City then petitioned the Supreme Court of Alabama for a writ of mandamus, seeking dismissal of all claims on the basis of statutory immunity and other defenses.The Supreme Court of Alabama reviewed only the City's immunity defense as to the fraudulent misrepresentation claim, because the City had not preserved immunity arguments for the other claims in the lower court. The Court held that municipal immunity under § 11-47-190, Ala. Code 1975, does not automatically bar all fraudulent misrepresentation claims, as such claims can be based on innocent or mistaken misrepresentations, not just intentional torts. The Court denied the City's petition for a writ of mandamus, allowing De'Andrea's claims to proceed. The City may raise its other defenses on appeal if necessary. View "De'Andrea v. City of Montgomery" on Justia Law

The case involves members of the Auburn University Board of Trustees and various Auburn University employees (defendants) who were sued by Patti Northcutt and her husband, Walter Northcutt (plaintiffs). Patti, a former employee and doctoral student at Auburn, alleged that the defendants retaliated against her for previous lawsuits and grievances she had filed, which were settled through agreements. She claimed that the defendants breached these settlement agreements and interfered with her ability to complete her doctoral program and obtain employment at Auburn.The plaintiffs initially filed their complaint in the Lee Circuit Court, which they amended multiple times. The third amended complaint included claims under the Family Medical Leave Act (FMLA), 42 U.S.C. § 1983 for First Amendment retaliation, equal protection, and procedural due process violations, as well as state-law claims for breach of contract, intentional interference with contractual relations, and intentional infliction of emotional distress. The defendants moved to dismiss these claims, asserting federal qualified immunity and State immunity under the Alabama Constitution.The Lee Circuit Court granted the motion to dismiss the First Amendment and intentional infliction of emotional distress claims but denied the motion regarding the other claims. The defendants then petitioned the Supreme Court of Alabama for a writ of mandamus to direct the trial court to dismiss the remaining claims.The Supreme Court of Alabama granted the petition in part, directing the trial court to dismiss the claims for monetary damages against the employee defendants in their individual capacities under § 1983 for equal protection and procedural due process violations, based on federal qualified immunity. The Court also directed the dismissal of the plaintiffs' request for attorneys' fees related to state-law claims for prospective injunctive relief, based on State immunity. However, the Court denied the petition regarding the plaintiffs' request for attorneys' fees related to federal-law claims for prospective injunctive relief and the state-law claims for monetary damages against the employee defendants in their individual capacities. View "Ex parte B.T. Roberts" on Justia Law

Faya Rose Toure sued the City of Selma, Chief of Police Spencer Collier, and police officer Devon McGuire following her arrest for fourth-degree theft of property and attempting to elude. Toure claimed McGuire and Collier committed assault and battery, false arrest, unlawful imprisonment, invasion of privacy, negligence, wantonness, abuse of legal process, unreasonable seizure, and defamation/libel. She also accused the City of negligent hiring, training, and supervision, and fostering a custom of police abuse. Toure sought $1,000,000 in compensatory damages and $3,000,000 in punitive damages.The defendants filed for summary judgment, citing peace-officer and State-agent immunity. They provided evidence including deposition testimonies, incident reports, and body camera footage showing McGuire witnessed Toure removing a campaign sign and subsequently attempting to elude him. Toure argued she removed the sign believing it was illegally placed and felt intimidated by McGuire, who was in an unmarked vehicle. The trial court granted summary judgment for the City but denied it for McGuire and Collier.The Supreme Court of Alabama reviewed the case. It found that McGuire and Collier were performing discretionary functions within their law enforcement duties, entitling them to immunity. The court determined that McGuire had at least arguable probable cause for Toure's arrest, and Toure failed to provide substantial evidence that McGuire or Collier acted willfully, maliciously, or beyond their authority. Consequently, the court held that McGuire and Collier were entitled to peace-officer and State-agent immunity and directed the trial court to enter summary judgment in their favor. The petition for a writ of mandamus was granted, and the writ was issued. View "Ex parte McGuire" on Justia Law

Teresa Williams and Barney's Childcare and Learning Center, Inc., doing business as Pooh Bear Academy, filed a complaint against various officials and employees of the Alabama Department of Human Resources (ADHR) and the Elmore County Department of Human Resources (EDHR). The complaint included tort claims related to the suspension and revocation of the day-care provider's operating license and the denial of its license renewal application.The Montgomery Circuit Court dismissed the complaint on April 25, 2024. Williams and the day-care provider filed a postjudgment motion to alter, amend, or vacate the judgment on May 23, 2024. The court set a hearing for July 1, 2024, but it did not occur. A hearing was eventually held on September 5, 2024, where both parties' counsel stated on record that they had agreed to extend the time for the court to rule on the postjudgment motion beyond the 90-day limit. However, the court did not enter an order denying the postjudgment motion until September 12, 2024.The Supreme Court of Alabama reviewed the case and determined that the appeal was untimely. The court noted that under Rule 59.1, Ala. R. Civ. P., the trial court had 90 days to rule on the postjudgment motion, which expired on August 21, 2024. Since the parties' consent to extend the time was not placed on the record before the 90-day period expired, the postjudgment motion was denied by operation of law on August 21, 2024. Consequently, Williams and the day-care provider had until October 2, 2024, to file their notice of appeal, but they did not do so until October 17, 2024. Therefore, the Supreme Court of Alabama dismissed the appeal for lack of jurisdiction. View "Williams v. Dodd" on Justia Law

In December 2021, Officer Shelton Davis of the Montgomery Police Department, while pursuing a fleeing suspect, collided with Madilyn Shuford's vehicle at an intersection in Montgomery. Officer Davis was responding to a woman's plea for help, who claimed a man was trying to kill her. The suspect, Eugene Osborne Jr., fled in a vehicle, prompting Officer Davis to pursue him with activated lights and sirens. During the pursuit, Officer Davis slowed down at a red light but collided with Shuford's vehicle when she pulled into the intersection.Shuford sued the City of Montgomery and Officer Davis, alleging negligence and wanton conduct, and claimed the City was vicariously liable. The City and Officer Davis moved for summary judgment, asserting immunity under § 6-5-338, Ala. Code 1975, and Ex parte Cranman. They provided evidence, including Officer Davis's affidavit and body camera footage, showing he was performing his duties with activated lights and sirens. Shuford opposed, arguing Officer Davis did not use proper signals and took unreasonable risks.The Montgomery Circuit Court denied the summary judgment motion without explanation. The City and Officer Davis petitioned the Supreme Court of Alabama for a writ of mandamus to vacate the denial and grant summary judgment based on immunity.The Supreme Court of Alabama granted the petition, holding that Officer Davis was entitled to immunity as he was performing his law enforcement duties and exercising judgment. The court found no substantial evidence from Shuford to refute this. Consequently, the City was also entitled to immunity. The trial court was directed to enter summary judgment in favor of the City and Officer Davis. View "Shuford v. City of Montgomery" on Justia Law