HB17 Alabama 2014 Session

Summary

Primary Sponsor

Mike Jones Representative

Republican

Session

Regular Session 2014

Title

Sovereign immunity, immunity for officers, employees, agents of the state, including certain employees of local school boards and State Board of Education, codified

Description

The Constitution of Alabama of 1901 affords absolute immunity to the state itself and to state officials and employees acting in their official capacity. Qualified immunity is afforded to state officers, agents, and employees for liability associated with certain discretionary duties.

This bill would specify in statute that an officer, employee, or agent of the state, including any employee of the State Board of Education or any local board of education, in his or her official capacity is immune from liability in any suit pursuant to the Constitution of Alabama of 1901.

This bill would also specify in statute that an officer, employee, or agent of the state, including any employee of the State Board of Education or any local board of education, is not personally liable for any act that is incident to or within the scope of the duties of the person's position of employment with, or relationship to, the state and that involves the exercise of judgment or discretion on the part of the officer, employee, or agent, unless he or she acts willfully, maliciously, fraudulently, in bad faith, or beyond his or her authority.

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Subjects

Civil Procedure