HB64 Alabama 2014 Session

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

Relating to sovereign immunity, to specify in statute that an officer, employee, or agent of the state, including a certified or noncertified 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; and to specify that these persons are not personally liable for any act that is incident to or within the scope of the duties of their position of employment with, or relationship to, the state and that involve the exercise of judgment or discretion, unless he or she acts willfully, maliciously, fraudulently, in bad faith, or beyond his or her authority.