83 So. 3d 473
Ala.2011Background
- May 21, 2010: incident at Colbert County High School involving J.H. and another student; suspensions for three days and 15 days in an alternative school for the next year; note placed in J.H.’s student record.
- June 24, 2010: James appeared before the Board; Board took no action.
- July 20, 2010: James, individually and as J.H.’s guardian, sued the Board and named defendants seeking injunctive and other relief.
- July 21, 2010: James moved for TRO and preliminary injunction alleging wrongful discipline, inaccurate records, and due process deficiencies.
- August 3, 2010: hearing on James’s injunctive relief; August 4, 2010: trial court granted a preliminary injunction prohibiting the discipline and ordering removal of references from records.
- September 2010–January 2011: Board and defendants pursued summary-judgment and Rule 59 motions; appeal timely filed; trial court’s injunction order at issue is appealed and reviewed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Board is absolutely immune under § 14 from state-law claims | James asserted state-law claims against Board despite immunity | Board immune under §14; claims barred | Yes; Board immune; state-law claims dismissed; appeal in part dismissed |
| Whether Board members in official capacities are immune under § 14 for state-law claims | Injunctive relief against officials may proceed despite immunity | Monetary claims barred; injunctive relief may lie in limited circumstances | Board members immune for monetary claims; injunctive relief possible; some claims barred |
| Whether the preliminary injunction was properly issued given lack of evidentiary support | Injunctive relief warranted to prevent irreparable harm | No evidence was presented to support injunction | Abused discretion; injunction reversed for lack of evidentiary support |
| Whether the appeal is subject to dismissal for lack of subject-matter jurisdiction due to void judgment | Appeal should proceed on merits | Certain rulings void; jurisdiction lacking for Board state-law claims | Appeal dismissed in part; judgment reversed; claims dismissed for lack of jurisdiction |
Key Cases Cited
- Holiday Isle, LLC v. Adkins, 12 So. 3d 1173 (Ala. 2008) (establishes standard for preliminary injunction discretion)
- Bayou Cable TV v. SouthTrust Bank, 428 So. 2d 17 (Ala. 1983) (no irreparable injury or lack of remedy supports reversal)
- Ormco Corp. v. Johns, 869 So. 2d 1109 (Ala. 2003) (framework for preliminary injunction factors)
- Ex parte Hale County Board of Education, 14 So. 3d 844 (Ala. 2009) (boards of education clothed in constitutional immunity)
- Ex parte Jones, 52 So. 3d 475 (Ala. 2010) (quoting immunity framework for injunctions under Ex parte Cranman lineage)
- Bamberg v. Bamberg, 441 So. 2d 970 (Ala. Civ. App. 1983) (unverified pleadings cannot support a preliminary injunction; need evidence)