105 So. 3d 430
Ala.2012Background
- Owens was terminated by ASU after a hearing; termination approved by Harris and upheld by the Board.
- Harris informed Owens of termination on Oct. 19, 2009; hearing requested Oct. 20; Owens placed on paid leave Oct. 22.
- Hearing officer recommended 30-day suspension without pay; ASU rejected findings and upheld termination in Feb. 2010.
- Owens stopped receiving salary/benefits on Mar. 1, 2010; Board upheld termination by May 7, 2010.
- Owens filed mandamus/declaratory relief petition June 29, 2010; circuit court later found procedural violations of ASU handbook and granted relief.
- Court’s final order (Sept. 14, 2011) ordered reinstatement with full back pay/benefits and costs; later, appeal dismissed/vacated as to backpay due to immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 14 immunity divests subject-matter jurisdiction over backpay. | Owens argues backpay is monetary relief barred by § 14 immunity. | Board argues immunity bars monetary damages against state actors in official capacities. | Monetary relief barred; backpay voided; jurisdiction lacking for that portion. |
| Whether the handbook procedures were required and violated by ASU. | Owens asserts due-process procedures in the handbook were violated by termination. | Board asserts no handbook violation that invalidates termination; any error harmless. | Handbook procedures were not followed; mandamus relief justified. |
| Whether harmless-error doctrine applies to ASU handbook violations. | Owens relies on non-harmless error to void termination. | Board contends any deviations constitute harmless error. | Court declined to apply harmless-error rule to uphold termination; mandamus proper. |
| Whether the Board and officials are liable for mandamus/declaratory relief as to employment status and reinstatement. | Owens seeks reinstatement with back pay and benefits. | Officials deny liability for monetary relief; seek to uphold termination. | Relief granted for mandamus/declaratory judgment; backpay portion dismissed/vacated. |
Key Cases Cited
- Ex parte Alabama Dep’t of Transp., 978 So.2d 17 (Ala.2007) (immunity barring monetary claims against state agencies/officers)
- Ex parte Dangerfield, 49 So.3d 675 (Ala.2010) (official-capacity damages against state actors barred)
- Ex parte Serio, 893 So.2d 1148 (Ala.2004) (mandamus standards and related approach)
- Ex parte Patterson, 853 So.2d 260 (Ala.2002) (mandamus elements burden on petitioner)
- Ex parte Empire Fire & Marine Ins. Co., 720 So.2d 893 (Ala.1998) (mandamus jurisdiction principles)