Jackson v. Geneva County Board of Education

160 So. 3d 1221, 2013 WL 4614970, 2013 Ala. Civ. App. LEXIS 193
CourtCourt of Civil Appeals of Alabama
DecidedAugust 30, 2013
Docket2120549
StatusPublished
Cited by1 cases

This text of 160 So. 3d 1221 (Jackson v. Geneva County Board of Education) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. Geneva County Board of Education, 160 So. 3d 1221, 2013 WL 4614970, 2013 Ala. Civ. App. LEXIS 193 (Ala. Ct. App. 2013).

Opinion

THOMAS, Judge.

Monique Jackson appeals from a judgment dismissing her action against the Geneva County Board of Education (“the Board”); Becky Birdsong, the superintendent of the Geneva County School System; and Greg Trawick, Marcia Solomon, Martha Windham, Derek Warren, and Johnny Register, the members of the Board (here[1223]*1223inafter collectively referred to as “the defendants”). We affirm.

On September 24, 2012, Jackson filed a “complaint and petition for declaratory and injunctive relief and petition for writ of mandamus” against the defendants seeking a declaration that the defendants had violated Ala.Code 1975, § 16-24C-4, a section of the Students First Act, codified at § 16-24C-1 et seq., Ala.Code 1975, by, she alleged, nonrenewing her employment contract and denying her tenure based upon impermissible political and personal reasons. Specifically, she alleged that the defendants had not renewed her employment contract for the 2012-2013 school year because, she said, she had supported the previous principal who had been ousted by the Board. Thus, she alleged that the nonrenewal of her employment contract was based purely on political and personal reasons. In the complaint, Jackson also sought to be reinstated as a teacher, to attain tenured status, and to be awarded backpay she alleged she would have been paid had her employment contract not been improperly nonrenewed as she alleged in the complaint.1

On October 11, 2012, the defendants filed a motion to dismiss Jackson’s complaint. In their motion, they asserted that Jackson had failed to state a claim upon which relief could be granted because, they contended, § 16-24C-4 did not apply to a probationary employee, such as Jackson, but instead that § 16-24C-5(c) applied to Jackson. Additionally, in their motion they claimed that they were entitled to State immunity under § 14, Ala. Const. 1901. On November 8, 2012, Jackson filed a response in opposition to the defendants’ motion to dismiss. The defendants filed a reply to Jackson’s response.

On January 3, 2013, the trial court entered an order dismissing Jackson’s complaint on two alternate grounds. Specifically, the trial court’s January 3, 2013, order determined that the defendants were entitled to immunity and alternatively that Jackson had failed to state a claim for which relief could be granted because, it concluded, “the prohibition of ‘personal or political actions’ provided for in the Students First Act (SFA) relates only to tenured teachers/employees.” On January 17, 2013, Jackson filed a motion to alter, amend, or vacate the trial court’s order dismissing her complaint. In her postjudgment motion, she argued that the order dismissing the complaint was inconsistent, that the defendants were not entitled to immunity upon her claims, and that the trial court had erred in concluding that § 16-24C-4 did not apply to Jackson, a nontenured employee. On March 19, 2013, the trial court entered an order denying Jackson’s postjudgment motion, stating several additional findings that supported the trial court’s original order concluding that § 16-24C-4 did not apply to Jackson, a nontenured employee. Jackson filed a timely notice of appeal to this court on April 2, 2013.

“In Nanee v. Matthews, 622 So.2d 297 (Ala.1993), [the supreme court] stated the standard of review applicable to a ruling on a motion to dismiss:
“ ‘On appeal, a dismissal is not entitled to a presumption of correctness. The appropriate standard of review under Rule 12(b)(6)[, Ala. R. Civ. P.,] is whether, when the allegations of the complaint are viewed most strongly in [1224]*1224the pleader’s favor, it appears that the pleader could prove any set of circumstances that would entitle [it] to relief. In making this determination, this Court does not consider whether the plaintiff will ultimately prevail, but only whether [it] may possibly prevail. We note that a Ride 12(b)(6) dismissal is proper only when it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim that would entitle the plaintiff to relief.’
“622 So.2d at 299 (citations omitted).”

Knox v. Western World Ins. Co., 893 So.2d 321, 322 (Ala.2004).

In her brief to this court, Jackson contends that the trial court erred to reversal in dismissing her complaint because, she says, (1) the trial court’s judgment is inconsistent, (2) the defendants are not entitled to immunity regarding her claims, and (3) § 16-24C-4 applies to all employees, both tenured and nontenured. In considering these arguments on appeal, we note that, “if the trial court’s judgment of dismissal is correct for any, reason, we must affirm, even if the trial court gave the wrong reason or if it gave no reason at all.” Morrison v. Franklin, 665 So.2d 964, 966 (Ala.1995).

We turn to Jackson’s third argument — that the trial court erred in determining that § 16-24C-4 applied to only tenured teachers and nonprobationary employees as opposed to all employees — because we find the resolution of that argument determinative of the appeal. In this case, the trial court found that § 16-24C-4 does not apply to nontenured teachers, such as Jackson. Thus, the trial court concluded that Jackson had failed to state a claim for which relief could be granted because her claims sought relief based upon the language of § 16-24C-4, which it held was not applicable to her. Specifically, in its order denying Jackson’s post-judgment motion, the trial court stated:

“1. That there is no statutory duty of the Board not to take action against the non-tenured teacher in this case.
“2. The Superintendent and the Board have no statutory legal duty not to take action against the non-tenured teacher/employee in this case pursuant to the Student[s] First Act[, § 16-24C-1 et seq., Ala.Code 1975.]
“3. The Court further declares that Section 16-24C-4 of the Student[s] First Act applies to tenured teachers and classified employees who have obtained non-probationary status.
“4. And it is further declared that the petitioner is a non-tenured teacher terminated pursuant to Section 16-24C-5[,] Code of Alabama] 1975.”

We agree with the trial court’s dismissal of the complaint on this ground.

In State Farm Mutual Automobile Insurance Co. v. Motley, 909 So.2d 806, 813-14 (Ala.2005), our supreme court stated:

“ ‘ ‘Words used in a statute must be given their natural, plain, ordinary, and commonly understood meaning, and where plain language is used a court is bound to interpret that language to mean exactly what it says. If the language of the statute is unambiguous, then there is no room for judicial construction and the clearly expressed intent of the Legislature must be given effect.” ’
“Blue Cross & Blue Shield v. Nielsen, 714 So.2d 293, 296 (Ala.1998)(quoting IMED Corp. v. Systems Eng’g Assocs. Corp., 602 So.2d 344, 346 (Ala.1992)).
“ ‘Of course, the rule is well recognized that in the construction of a statute, the legislative intent is to be [1225]*1225determined from a consideration of the whole act with reference to the subject matter to which it applies and the particular topic under which the language in question is found.

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Related

Jackson v. Geneva County Board of Education
160 So. 3d 1227 (Supreme Court of Alabama, 2014)

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Bluebook (online)
160 So. 3d 1221, 2013 WL 4614970, 2013 Ala. Civ. App. LEXIS 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-geneva-county-board-of-education-alacivapp-2013.