Franks v. Hampton

189 So. 3d 14, 2015 WL 5725102
CourtSupreme Court of Alabama
DecidedSeptember 30, 2015
Docket1140341
StatusPublished
Cited by19 cases

This text of 189 So. 3d 14 (Franks v. Hampton) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Franks v. Hampton, 189 So. 3d 14, 2015 WL 5725102 (Ala. 2015).

Opinion

BOLIN, Justice.

Petitioners Ronald Hampton, Darry Phillips, Wayne Taylor, Isaac Johnson, and Sharon Sheppard are members of the Choctaw County Board of Education (hereinafter collectively referred to as “the Board members”). Petitioner-Sue, Moore is the superintendent of the Choctaw County Public School System. The petitioners seek an order compelling the Choctaw Circuit Court to vacate its denial of their summary-judgment motion and to enter summary judgment in their favor on the ground that the trial court lacks subject-matter jurisdiction over the claims because of the plaintiff’s death and the petitioners’ immunity.

Facts and Procedural-History

Brenda Franks was a former nontenured employee of the Choctaw County Public School System. Before the 2008-2009 school year, Franks had been employed as a .full-time counselor in the school system for three years when her contract was not, renewed. For the 2008-2009 school year, Franks was offered and accepted a part-time, temporary position as a vocational counselor starting in February 2009. She signed an employment contract acknowledging that the position was temporary. She also signed a “Letter of Understanding Concerning Temporary Employment” that stated her employment was -a temporary condition and that continued employment was conditioned upon , a “suitability determination” made upon receipt of a completed criminal-history background check and that if, after the background check, she was found unsuitable, the termination of her employment would be without recourse against the school system. Franks worked pursuant to the contract for five months.

On May 27, 2009, the superintendent notified Franks, in writing, of her intention to recommend that the Board members cancel the contract because of a “justifiable decrease in jobs in the system” as provided for in' Ala.Code 1975, § 16-24-8 (now repealed).1 Franks’s notice stated that if the Board members voted to cancel the contract, a contest of -the cancellation would be heard in accordance with Ala. Code 1975, § 16-24-10 (now repealed). On June 25, 2009, the Board members approved the recommendation to cancel the contract. Franks did not contest the contract cancellation; In July 2010, the Board members posted a vacancy for a business-education teacher. Franks applied for the vacant position, but was not hired.

On July 31, 2012, Franks filed a “Complaint for a Declaratory Judgment, Writ of Mandamus, and Injunctive Relief.” In her [16]*16complaint, Franks asserted that the Board members had terminated her employment based on a reduction in force (hereinafter “RIF”). A RIF reduces professional staff employed by a school system and sets out procedures to be followed regarding the affected staff members. See Ala.Code 1975, § 16-1-33 (requiring all city and county boards of education to adopt a written RIF policy regarding layoffs, recalls, and notification of the RIF). Franks asserted that she was entitled to be hired for the business-education teaching position pursuant to the school system’s RIF policy. Franks sought to be instated to that position, with backpay, interest, and restoration of progress toward tenure. Franks sued the superintendent and the Board in their official or representative capacities.

On December 6, 2013, the petitioners moved for a summary judgment on the ground that they were entitled to sovereign immunity because they were sued in their official or representative capacities. They further argued that State-agent immunity barred any claims against the superintendent and that discretionary-function immunity barred any claims against the Board members. The petitioners also argued, among other things, that no RIF was ever implemented by the Board relative to the termination of Franks’s employment. Franks argued that § 14, Ala. Const.1901, immunity is not absolute in every situation and that her claims against the superintendent and Board members fell under several “exceptions” to § 14 immunity. The trial court denied the summary-judgment motion on November 14, 2014.

On December 12, 2014, the petitioners filed a suggestion of death with the trial court, stating that Franks had died on December 9, 2014. On January 6, 2015, the petitioners filed this petition for writ of mandamus. Franks’s estate was timely substituted as the plaintiff pursuant to Rule 25, Ala. R. Civ. P.

Standard of Review

“ ‘ “The writ of mandamus is a drastic and extraordinary writ, to be ‘issued only when there is: 1) a clear legal right in the petitioner to the order sought; 2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; 3) the lack of another adequate remedy; and 4) properly invoked jurisdiction of the court.’ Ex parte United Serv. Stations, Inc., 628 So.2d 501, 503 (Ala.1993); see also Ex parte Ziglar, 669 So.2d 133, 134 (Ala.1995).” Ex parte Carter, [807 So.2d 534,] 536 [(Ala.2001) ].’
“Ex parte McWilliams, 812 So.2d 318, 321 (Ala.2001).
“ ‘Subject to certain narrow exceptions ..., we have held that, because an “adequate remedy” exists by way of an appeal, the denial of a motion to dismiss or a motion for a summary judgment is not reviewable by petition for writ of mandamus.’ Ex parte Liberty Nat’l Life Ins. Co., 825 So.2d 758, 761-62 (Ala.2002).”

Ex parte Kohlberg Kravis Roberts & Co., 78 So.3d 959, 965-66 (Ala.2011). The narrow exceptions when mandamus review is available include when the petitioner challenges the subject-matter jurisdiction of the trial court, Ex parte HealthSouth Corp., 974 So.2d 288, 292 (Ala.2007), or when the petitioner asserts immunity. Ex parte Alabama Peace Officers’ Standards & Training Comm’n, 34 So.3d 1248 (Ala.2009).

Discussion

Franks alleged that her employment had been terminated owing to a RIF and that she was entitled to be hired for a vacant teaching position pursuant to the [17]*17school system’s RIF policy. She sought to be appointed to the teaching position, backpay, interest, and restoration of progress towards tenure. In short, Franks sought injunctive relief in the form of appointment to the teaching position and monetary relief in the form of backpay and interest.

Rule 25(a)(1), Ala, R. Civ. P., governs the substitution of parties, after the death of a plaintiff. The rule provides for substitution of proper parties where claims are “not thereby extinguished” by the death of a party. Section 6-5-462, Ala.Code 1975, provides:

“In all proceedings not of an equitable nature, all claims upon which an action has been filed and all claims upon which no action has been filed on a contract, express or implied, and all personal claims upon which an action has been filed, except for injuries to the reputation, survive in favor of and against personal representatives; and all personal claims upon which no action has been fíléd survive against the personal representative of a deceased tortfeasor.”

The parties agree that Franks’s claim for injunctive relief in the form, of compelling the petitioners to install Franks to the teaching position is moot. A moot case lacks justiciability, and an action that originally was based on a justiciable act cannot be maintained on appeal if subsequent acts or events have made' the questions raised on appeal moot. Chapman v. Gooden, 974 So.2d 972 (Ala.2007).

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Bluebook (online)
189 So. 3d 14, 2015 WL 5725102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franks-v-hampton-ala-2015.