On August 23, 2008, the plaintiff was traveling on Lauderdale Avenue in Selma, Alabama. Her vehicle was struck by a vehicle driven by a deputy sheriff. The plaintiff's complaint indicated that the deputy was acting in the line and scope of his employment with the Dallas County Sheriff's Department.
The plaintiff filed suit against the deputy, the Dallas County sheriff, and the Dallas County Commission. All three parties maintained they were not suable under the doctrine of state immunity, as provided by Section 14 of the 1901 Alabama Constitution. The Dallas County Circuit Court dismissed the claims against the sheriff and the county commission, but left the claim against the deputy sheriff standing.
The deputy appealed to the Alabama Supreme Court, which ruled that deputy sheriffs—when acting in the line and scope of employment as deputy sheriffs—are entitled to the same state immunity as sheriffs. The circuit court was therefore directed the circuit court to dismiss the suit against the deputy sheriff. See Ex Parte Donaldson, decided on September 16, 2011.
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Attorneys who have handled cases involving state immunity.
