Justia Government & Administrative Law Opinion Summaries

William Veitch was a Republican candidate for district attorney for the 10th Judicial Circuit of Alabama. His request for a declaration was denied, and he petitioned for a writ of mandamus when the trial court refused to direct that the names of candidates running for the office of district attorney for the 10th Judicial Circuit be included not only on the ballot to be used in the primary election in the Birmingham Division of Jefferson County, but also on the ballot to be used in the primary election in the portion of Jefferson County known as the Bessemer Cutoff. The trial court dismissed Veitch's action based on its conclusion that it lacked subject-matter jurisdiction and, alternatively, based on the doctrine of laches. Veitch appealed. The Alabama Supreme Court found a jurisdiction-stripping statute did not deprive the trial court of jurisdiction and Veitch was not precluded by the doctrine of laches from bringing his action. At this point, the Court expressed no opinion on the merits of Veitch's arguments regarding the alleged repeal of the 1953 Act, its alleged unconstitutionality, or its alleged unconstitutional application. The trial court's judgment was therefore reversed and this case was remanded for further proceedings. View "Veitch v. Vowell" on Justia Law

Defendants the Alabama Secretary of State, John Merrill, and a member of his staff, Ed Packard, the director of elections, petitioned the Alabama Supreme Court for a writ of mandamus to direct the Montgomery Circuit Court to vacate a preliminary injunction and to dismiss for lack of jurisdiction the underlying action seeking injunctive and declaratory relief. On December 7, 2017, plaintiffs Pamela Miles, Dan Dannemueller, Paul Hard, and Victoria Tuggle (hereinafter referred to collectively as "the plaintiffs") filed a civil action against Merrill and Packard, in their official capacities, alleging certain electronic voting machines used in Alabama elections created digital images of the paper ballots scanned and counted by the machines, and that defendants "do not and will not instruct election officials" to preserve the digital ballot images. Those images, it was argued, were public records that, under Alabama law, had to be preserved. Plaintiffs also appeared to allege that federal law, specifically, 52 U.S.C. 20701, required those images be retained. This failure "to require that all election materials" be preserved, the plaintiffs contended, "infringe[d] upon their right to a fair and accurate election." The Alabama Supreme Court determined plaintiffs' allegations did not demonstrate how the "challenged practices harm[ed]" plaintiffs in a concrete way; how they would personally suffer the threatened injury, which is itself described only as a mere speculative possibility; or how they would benefit in a "tangible way" by a judgment in their favor. Instead, the Court found they alleged only that they "could" be harmed." Therefore, because the complaint insufficiently alleged that plaintiffs have standing, the trial court lacked jurisdiction over the action. The Court therefore directed that the case be dismissed. View "Ex parte Alabama Secretary of State John Merrill and Director of Elections Ed Packard." on Justia Law

Defendants the Alabama Secretary of State, John Merrill, and a member of his staff, Ed Packard, the director of elections, petitioned the Alabama Supreme Court for a writ of mandamus to direct the Montgomery Circuit Court to vacate a preliminary injunction and to dismiss for lack of jurisdiction the underlying action seeking injunctive and declaratory relief. On December 7, 2017, plaintiffs Pamela Miles, Dan Dannemueller, Paul Hard, and Victoria Tuggle (hereinafter referred to collectively as "the plaintiffs") filed a civil action against Merrill and Packard, in their official capacities, alleging certain electronic voting machines used in Alabama elections created digital images of the paper ballots scanned and counted by the machines, and that defendants "do not and will not instruct election officials" to preserve the digital ballot images. Those images, it was argued, were public records that, under Alabama law, had to be preserved. Plaintiffs also appeared to allege that federal law, specifically, 52 U.S.C. 20701, required those images be retained. This failure "to require that all election materials" be preserved, the plaintiffs contended, "infringe[d] upon their right to a fair and accurate election." The Alabama Supreme Court determined plaintiffs' allegations did not demonstrate how the "challenged practices harm[ed]" plaintiffs in a concrete way; how they would personally suffer the threatened injury, which is itself described only as a mere speculative possibility; or how they would benefit in a "tangible way" by a judgment in their favor. Instead, the Court found they alleged only that they "could" be harmed." Therefore, because the complaint insufficiently alleged that plaintiffs have standing, the trial court lacked jurisdiction over the action. The Court therefore directed that the case be dismissed. View "Ex parte Alabama Secretary of State John Merrill and Director of Elections Ed Packard." on Justia Law

Ed Richardson and Reginald Eggleston, individually and in their official capacities as interim superintendent of the Alabama Department of Education and chief administrative officer of the Alabama State Board of Education, respectively, and Gordon Stone, individually and in his official capacity as mayor of the Town of Pike Road (collectively referred to as "the defendants"), appealed an injunction staying the sale of Georgia Washington Middle School, located in Montgomery, and the sale of any other real property owned by, or the closure of any other schools operated by, the Montgomery County Board of Education. The Alabama Supreme Court determined plaintiffs did not have standing to bring suit, thus the trial court never acquired subject-matter jurisdiction over this case. Accordingly, the Supreme Court dismissed the appeal and ordered the trial court to dismiss the case. View "Richardson v. Relf" on Justia Law

Paul Irwin, Jr., appealed a final judgment of the Jefferson Circuit Court dismissing his claim for injunctive relief against the Jefferson County Personnel Board ("the Board") and the City of Trussville ("Trussville"). This case arose from Trussville's desire to hire a police chief following the retirement of its former chief. Trussville interviewed Irwin and two other candidates from a certified list of candidates. Trussville did not hire Irwin or any other candidate from the certified list supplied by the Board in January 2017. Instead, Trussville returned the list to the Board and requested that the Board administer a new test for the position of Police Chief II. On January 23, 2017, the Board "expired" the eligibility list. On January 27, 2017, the Board also approved Trussville's request to hire a provisional police chief until such time as a new assessment examination could be administered and a new eligibility list generated. On March 1, 2017, Irwin sued the Board and Trussville, contending that, once the Board issued to Trussville a certified list of eligible candidates for the position of police chief, Trussville was required to hire a candidate from that list and had no discretion to leave the position unfilled. The complaint sought only injunctive relief. The Alabama Supreme Court determined the specific actions Irwin sought to enjoin –- the administration of a new examination for the position of Trussville's police chief and the appointment of a candidate to the position of police chief who was not on the January 2017 certified list –- have since occurred. Accordingly, it was impossible to provide Irwin the relief he requested. Irwin's appeal was dismissed. View "Irwin v. Jefferson County Personnel Board" on Justia Law

The Town of Hayneville ("the Town") and Carol Scrushy petitioned the Alabama Supreme Court for a writ of mandamus to direct the Lowndes Circuit Court to vacate its July 7, 2017, order denying the Town and Scrushy's motion to dismiss what they characterized as an election contest filed by Darshini Bandy, Connie Johnson, and Justin Pouncey (referred to collectively as "the electors") and to enter an order dismissing the electors' action. After review, the Supreme Court found the circuit court had the power to enforce its prior orders and to void the May 23, 2017, special election, which, the court found, had not been ordered in strict compliance with the State's election laws. The July 7, 2017, judgment of the circuit court enforcing its prior orders concerning the August 2016 election and the special election to fill the vacant council seat in District A was a valid judgment. Accordingly, Scrushy and the Town were not entitled to the relief they sought. View "Ex parte Carol Scrushy & the Town of Hayneville." on Justia Law

The City of Muscle Shoals ("the City") petitioned for a writ of mandamus directing the Colbert Circuit Court to vacate its denial of the City's motion for a summary judgment as to claims asserted against it by Reginald Harden stemming from injuries Harden sustained from falling through a grate at Gattman Park, a City-owned park. Because Harden failed to present substantial evidence in response to the City's properly supported motion for a summary judgment - evidence indicating that one of the two exceptions to municipal immunity detailed in 11-47-190 is implicated in this case- the Alabama Supreme Court felt compelled to conclude that the trial court erred in denying the City's motion. The City was thus entitled to immunity from Harden's action under 11-47-190, and the trial court’s order denying the City's motion for a summary judgment was vacated. View "Ex parte City of Muscle Shoals" on Justia Law

The City of Muscle Shoals ("the City") petitioned for a writ of mandamus directing the Colbert Circuit Court to vacate its denial of the City's motion for a summary judgment as to claims asserted against it by Reginald Harden stemming from injuries Harden sustained from falling through a grate at Gattman Park, a City-owned park. Because Harden failed to present substantial evidence in response to the City's properly supported motion for a summary judgment - evidence indicating that one of the two exceptions to municipal immunity detailed in 11-47-190 is implicated in this case- the Alabama Supreme Court felt compelled to conclude that the trial court erred in denying the City's motion. The City was thus entitled to immunity from Harden's action under 11-47-190, and the trial court’s order denying the City's motion for a summary judgment was vacated. View "Ex parte City of Muscle Shoals" on Justia Law

Defendant Cheryl Price and Greg Lovelace petitioned for mandamus relief. Price was formerly the warden at Donaldson Correctional Facility ("the prison"), which was operated by the Alabama Department of Corrections ("the DOC"). Lovelace was a deputy commissioner of the DOC in charge of construction and maintenance. Plaintiff Marcus Parrish was a correctional officer employed by the DOC. Parrish was supervising inmate showers in a segregation unit in the prison. Parrish left the shower area briefly to retrieve shaving trimmers, and, when he returned, inmate Rashad Byers had already entered a shower cell, which had an exterior lock on it. Byers indicated that he was finished with his shower, and Parrish told him to turn around to be handcuffed, then approached Byers's shower door with the key to the lock on the door in his hand. Byers unexpectedly opened the door, exited the shower cell, and attacked Parrish. During the attack, Byers took Parrish's baton from him and began striking Parrish with it. Parrish was knocked unconscious, and he sustained injuries to his head. Parrish sued Price and Lovelace in their official capacities. Parrish later filed an amended complaint naming Price and Lovelace as defendants in their individual capacities only (thus, it appears that Price and Lovelace were sued only in their individual capacities). Parrish alleged that Price and Lovelace willfully breached their duties by failing to monitor the prison for unsafe conditions and by failing to repair or replace the allegedly defective locks. Price and Lovelace moved for a summary judgment, asserting, among other things, that they are entitled to State-agent immunity. The trial court denied the summary-judgment motion, concluding, without elaboration, that genuine issues of material fact existed to preclude a summary judgment. Price and Lovelace then petitioned the Alabama Supreme Court for a writ of mandamus, arguing that they were immune from liability. After review of the trial court record, the Supreme Court concluded Price and Lovelace established they were entitled to State-agent immunity. Accordingly, the Court directed the trial court to enter a summary judgment in their favor. View "Ex parte Cheryl Price & Greg Lovelace." on Justia Law

This was the second time this dispute related to benefits provided under the Public Education Employees' Health Insurance Plan ("PEEHIP") went before the Alabama Supreme Court. In the present case, the remaining defendants below, David Bronner, as secretary-treasurer of PEEHIP, and the current members of the PEEHIP Board, petitioned for permission to appeal the trial court's denial of their motion seeking a summary judgment. "When a trial court fails to correctly identify the controlling question of law, a Rule 5 permissive appeal is due to be dismissed." After thoroughly reviewing the record and the arguments presented by the parties, the Supreme Court concluded the permission to appeal under Rule 5, Ala. R. App. P., was improvidently granted, and the Court dismissed the appeal. View "Bronner v. Burks" on Justia Law