McCammon v. Youngblood

853 So. 2d 249, 2002 Ala. Civ. App. LEXIS 826, 2002 WL 31628757
CourtCourt of Civil Appeals of Alabama
DecidedNovember 22, 2002
Docket2010193
StatusPublished
Cited by2 cases

This text of 853 So. 2d 249 (McCammon v. Youngblood) 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
McCammon v. Youngblood, 853 So. 2d 249, 2002 Ala. Civ. App. LEXIS 826, 2002 WL 31628757 (Ala. Ct. App. 2002).

Opinion

853 So.2d 249 (2002)

Larry McCAMMON
v.
Lynn YOUNGBLOOD et al.

2010193.

Court of Civil Appeals of Alabama.

November 22, 2002.

*250 Larry McCammon, pro se.

Gregory O. Griffin, Sr., chief counsel, Steve M. Sirmon, asst. atty. gen., and Hugh Davis, deputy atty. gen., for appellee Alabama Board of Pardons and Paroles.

On Application for Rehearing

PER CURIAM.

The opinion of September 6, 2002, is withdrawn and the following is substituted therefor.

Larry McCammon, an inmate at an Alabama correctional facility, acting pro se, filed a complaint in the Circuit Court of Montgomery County against Lynn Youngblood, Alma Berry, Louis Grimes, and the Alabama Board of Pardons and Paroles ("the Board"). In his complaint, McCammon alleged that the defendants had improperly caused his parole to be revoked and that they had thereby violated his civil rights. Judge Charles Price, a judge for the Montgomery Circuit Court, entered an order dismissing McCammon's complaint against the Board and transferring, on the basis of alleged improper venue, the action to the Jefferson Circuit Court (hereinafter "the trial court"). McCammon has not appealed the dismissal of his claims against the Board.

The remaining defendants (hereinafter "the defendants") filed a motion in the trial court seeking the dismissal of McCammon's claims against them. In their motion to dismiss, the defendants explained that Youngblood was McCammon's parole officer; that Berry was a parole officer serving as a "parole court hearing officer"; and that Grimes was, at all material times, either a "parole court hearing officer" or a member of the Board. McCammon filed an opposition to the defendants' motion to dismiss, but he did not amend his complaint.

The trial court conducted a hearing on the motion to dismiss. The trial court refused to have McCammon transferred from prison to attend the hearing, but it ordered that McCammon would be allowed to "make his presentation by mail." On November 14, 2001, the trial court entered a judgment granting the defendants' motion and dismissing McCammon's complaint. In its judgment, the trial court found that the defendants were entitled to absolute or discretionary immunity from liability on McCammon's claims. McCammon, acting pro se, appealed. This case was transferred to this court by the supreme court, pursuant to § 12-2-7(6), Ala.Code 1975.

*251 "When the sufficiency of a complaint is at issue, this Court will liberally construe the complaint in favor of stating a claim for relief. `Dismissals under Rule 12(b)(6) should be granted sparingly, and such a dismissal is proper only when it appears beyond a doubt that the plaintiff can prove no set of facts in support of the claim which would entitle him or her to relief.' Garrett v. Hadden, 495 So.2d 616, 617 (Ala.1986). `"`Where a [Rule] 12(b)(6) motion has been granted and this Court is called upon to review the dismissal of the complaint, we must examine the allegations contained therein and construe them so as to resolve all doubts concerning the sufficiency of the complaint in favor of the plaintiff.'"' Boswell v. Liberty Nat'l Life Ins. Co., 643 So.2d 580, 581 (Ala. 1994), quoting Grant v. Butler, 590 So.2d 254, 255 (Ala. 1991), quoting in turn Greene County Bd. of Educ. v. Bailey, 586 So.2d 893, 897-98 (Ala.1991).

"`Unless it appears beyond reasonable doubt that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief under some cognizable theory of law, the court should not grant a motion to dismiss a complaint.' American Auto. Ins. Co. v. McDonald, 812 So.2d 309, 311 (Ala. 2001), citing Rice v. United Ins. Co. of America, 465 So.2d 1100 (Ala.1984). In our review, we need not determine `whether the plaintiff will ultimately prevail, only whether he has stated a claim on which he may possibly prevail.' Fontenot v. Bramlett, 470 So.2d 669, 671 (Ala.1985)."

Radenhausen v. Doss, 819 So.2d 616, 619-20 (Ala.2001).

The allegations against the defendants in McCammon's complaint are not a model of clarity. In his complaint, McCammon asserts claims of false arrest, false imprisonment, and trespass against all of the defendants. However, in his complaint, McCammon makes no specific assertions regarding the conduct or actions of either Grimes or Berry to support the claims he asserts against those defendants. We also note that although McCammon purported to assert claims under 42 U.S.C. § 1983 against all of the defendants, he made no specific allegations against Grimes or Berry with regard to a § 1983 claim. Although the trial court granted the motion to dismiss on the basis of the defendants' being entitled to State-agent immunity, this court may affirm a judgment that is correct, even where the trial court states an incorrect basis for that judgment. Morrison v. Franklin, 655 So.2d 964 (Ala.1995); Bama Budweiser of Montgomery, Inc. v. Anheuser-Busch, Inc., 611 So.2d 238 (Ala.1992); Smith v. Equifax Servs., Inc., 537 So.2d 463 (Ala. 1988). McCammon's complaint contained no specific allegations against Grimes or Berry. Therefore, as to those two defendants, the complaint failed to state any claim upon which relief could be granted. See Rule 12(b)(6), Ala. R. Civ. P. Therefore, although it stated the wrong reason for its judgment as to Berry and Grimes, the trial court's dismissal of those two defendants is due to be affirmed. Morrison v. Franklin, supra; Bama Budweiser of Montgomery, Inc. v. Anheuser-Busch, Inc., supra; Smith v. Equifax Servs., Inc., supra.

We address the remainder of McCammon's arguments only to the extent that they address claims against Youngblood. McCammon alleges that Youngblood improperly charged him with using illegal drugs without first conducting a drug-screen test and alleges that all of the defendants caused him to be "illegally jailed." McCammon also contends that Youngblood caused him to be illegally *252 jailed, thereby knowingly violating his civil rights.

Youngblood argues that she is entitled to absolute immunity with regard to her actions related to McCammon's claims[1]; she cites Hughes v. Chesser, 731 F.2d 1489 (11th Cir.1984), in support of her argument. In Hughes v. Chesser, Hughes filed a complaint asserting a § 1983 claim against Chesser, a probation officer, alleging that Chesser had falsified his presentence report concerning Hughes. The district court determined that Chesser was entitled to absolute immunity. The United States Court of Appeals for the Eleventh Circuit affirmed, holding that Chesser had absolute immunity in submitting the presentence report, because that report was made at the direction of a court and constituted a "narrow function" of Chesser's duties as a probation officer. Hughes v. Chesser, 731 F.2d at 1490.

In reaching its holding, the court in Hughes v. Chesser, supra, relied on Spaulding v. Nielsen, 599 F.2d 728 (5th Cir.1979). In Spaulding v. Nielsen, supra, the United States Court of Appeals for the Fifth Circuit held that a probation officer was entitled to immunity with regard to his submission of a presentence report to a court made at the direction of a court.

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Bluebook (online)
853 So. 2d 249, 2002 Ala. Civ. App. LEXIS 826, 2002 WL 31628757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccammon-v-youngblood-alacivapp-2002.