Ex parte Moulton (Summary)

STATE ACTION IMMUNITY

Ex parte Moulton, No. 1111283 (Ala. Jan. 25, 2013)

The Supreme Court of Alabama granted a petition and entered an order of summary judgment in favor of a state university hospital based on state immunity and state agent immunity. A physician brought suit against the university after his position was eliminated from the hospital and he was terminated. The physician claimed that he was denied due process after his termination and that his supervisor deceived him when he took the position. Both the supervisor and the hospital argued that they were immune from the suit.

The supreme court held that the university was immune from liability because the physician could not demonstrate that he was entitled to any of the rights that would have granted an exception to state immunity. The physician was an at will employee who was not entitled to any due process rights and, even if he were, the employee handbook stated that layoffs were exempt from due process appeals. The court stated that there was no clear indication that the physician’s supervisor had any intention of employing him for life.

The court also held that claims brought against the physician’s supervisor were barred by immunity. The supreme court stated that the supervisor was acting within the functions of his job when making the decision to eliminate the physician’s post. Furthermore, there was a four-year gap between the physician’s employment and the elimination of his position, which the court stated clearly indicated that the supervisor had no intention of deceiving the physician by hiring him and then eliminating the job.