239 So. 3d 1125
Ala.2017Background
- DHR social worker Yolanda Terry investigated allegations (reported Sept. 30, 2011) that Cherri Forrester was physically abusing her mother/ward, Mildred Collins (an Alzheimer’s patient). Terry was assigned Oct. 6, 2011.
- Terry attempted an unannounced visit Oct. 6; Forrester met her in pajamas and asked Terry to return the next day; Terry reported she did not feel threatened and agreed to return Oct. 7.
- On Oct. 7 Terry and a coworker conducted a one-hour investigative visit; Collins appeared groomed, incoherent (not oriented to person/place/time), and no new bruises were observed; Forrester denied abuse and produced guardianship documentation.
- Collins died two days later; cause of death disputed but death certificate listed blunt force abdominal injuries.
- The estate’s representative sued Terry individually for allegedly failing to follow DHR investigation policies (unannounced visit, contacting law enforcement, private interview, inspecting injuries/home). Terry moved for summary judgment asserting State-agent immunity; the trial court denied the motion; Terry sought mandamus relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Terry is entitled to State-agent immunity under Cranman category (3) for actions taken while investigating alleged abuse | Washington: Terry acted beyond authority by failing to follow DHR investigatory procedures, so immunity does not apply | Terry: her actions were within DHR policy discretion and thus fall within category (3) immunity | Terry entitled to State-agent immunity; mandamus granted — trial court order denying summary judgment vacated |
| Whether Terry violated DHR requirement to perform unannounced visits | Washington: expert says initial visit must be unannounced | Terry: policy requires unannounced visits during the 60-day investigation but does not mandate the initial visit be unannounced; she attempted one and returned next day | Policy does not require the first visit be unannounced; expert failed to show beyond-authority conduct |
| Whether Terry was required to contact law enforcement after being asked to leave on Oct. 6 | Washington: expert says law enforcement should have been notified when access was denied | Terry: policy advises seeking law enforcement only where access is denied or worker safety is at risk; here Forrester asked her to return next day and Terry did not feel threatened | Under the facts, DHR policy did not require calling law enforcement; expert evidence insufficient |
| Whether Terry violated policy by not privately interviewing Collins or fully inspecting injuries/home | Washington: expert contends private interview and thorough bodily/home inspection were required | Terry: policy makes private interview essential "in most cases" and permits worker judgment when client is incoherent; she observed affected areas and perceived no active bruising; no neglect report justified home inspection | Terry acted within discretionary policy bounds; expert did not prove she acted beyond authority |
Key Cases Cited
- Ex parte Cranman, 792 So.2d 392 (Ala. 2000) (restating categories for State-agent immunity)
- Ex parte Butts, 775 So.2d 173 (Ala. 2000) (adopting Cranman restatement)
- Ex parte Estate of Reynolds, 946 So.2d 450 (Ala. 2006) (discussing burden-shifting and beyond-authority exception)
- Ex parte Turner, 840 So.2d 132 (Ala. 2002) (standards for reviewing summary-judgment denials implicating immunity)
- Giambrone v. Douglas, 874 So.2d 1046 (Ala. 2003) (burden-shifting when State-agent raises immunity)