Mooneyham v. BOARD OF CHIROPRACTIC EX'RS

802 So. 2d 200, 2001 WL 499316
CourtSupreme Court of Alabama
DecidedMay 11, 2001
Docket1991825
StatusPublished
Cited by23 cases

This text of 802 So. 2d 200 (Mooneyham v. BOARD OF CHIROPRACTIC EX'RS) 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
Mooneyham v. BOARD OF CHIROPRACTIC EX'RS, 802 So. 2d 200, 2001 WL 499316 (Ala. 2001).

Opinion

802 So.2d 200 (2001)

E. Lamar MOONEYHAM
v.
STATE BOARD OF CHIROPRACTIC EXAMINERS et al.

1991825.

Supreme Court of Alabama.

May 11, 2001.

*201 Bradley R. Byrne and Jannea S. Rogers of Adams & Reese, L.L.P., Mobile; and Roy E. Kadel, Mobile, for appellant.

James S. Ward of Corley, Moncus & Ward, P.C., Birmingham; and Alyce S. Robertson, Office of the Attorney General, for appellees State Board of Chiropractic Examiners, Stephen L. Below, E. Rockford McCord, O.E. Corfman, Benjamine F. Hooker, Donald B. Williams, Lyle W. Cole, Gregory A. Kuhlmxanm, James A. May, John L. Campbell, and John L. Stump.

Charles Campbell and Bill Clifford, Office of the Attorney General, for appellee Sidney Sakwa.

Mark A. Newell and Jeremy P. Taylor of Janecky Newell, P.C., Mobile, for appellee E. Rockford McCord and O.E. Corfman.

BROWN, Justice.

E. Lamar Mooneyham appeals from the Baldwin Circuit Court's judgment dismissing his claims against the State Board of Chiropractic Examiners ("the Board") and certain Board members, including Stephen L. Below; E. Rockford McCord; O.E. Corfman; Benjamin F. Hooker; Donald B. Williams; Lyle W. Cole; Gregory A. Kuhlman; James A. May; John L. Campbell; John L. Stump; and Sydney Sakwa. *202 Mooneyham's claims include allegations of defamation; tortious interference with business relations; malicious prosecution; conspiracy; and a violation of his federal constitutional rights (brought pursuant to 42 U.S.C. § 1983). The claims arise out of the Board's unsuccessful attempt to take disciplinary action against him. The Board and the individual defendants timely moved to dismiss Mooneyham's claims, pursuant to Rule 12(b)(6), Ala.R.Civ.P., for failing to state claims for which relief could be granted. Specifically, the defendants argued that they were all entitled to various forms of immunity. The circuit court granted the motions. We affirm the judgment of dismissal.

I.

According to his complaint, Mooneyham has been licensed to practice chiropractic in Alabama since 1990. During that time, he alleges, he has formed business relationships with certain insurance companies. He alleges that those relationships involve performing "utilization reviews" of other Alabama chiropractors. Mooneyham also claims that he has frequently testified as an expert witness in civil proceedings against other Alabama chiropractors. According to Mooneyham's complaint, much of his work has been adverse to the interests of certain Board members or their families and associates.

On February 8, 1995, the Board, by way of an administrative complaint, charged Mooneyham with six violations of various laws, rules, or regulations applicable to the chiropractic profession. The Board ultimately found Mooneyham guilty of four violations and imposed punishment that included a $14,600 fine and a revocation of his license to practice chiropractic in Alabama. The adjudication and judgment passed upon votes by the defendants Below; McCord; Corfman; Hooker; Williams; Cole; Kuhlman; May; Campbell; Stump; and Sakwa. Mooneyham's complaint alleges that the sanctions imposed on him were among the most severe sanctions ever imposed by the Board for any misconduct, including that seen in the most serious cases. Mooneyham further alleged that after August 6, 1997, Hooker, Williams, Cole, Kuhlman, May, and Sakwa maliciously, willfully, wantonly, and in bad faith authorized the communication of the Board's findings to specific third parties, including the State of Florida and the Federation of Chiropractic Licensing Boards, and made those findings a matter of public record.

On August 12, 1997, Mooneyham appealed the Board's findings and its punishment order to the Montgomery Circuit Court. After hearing evidence, that court found that Mooneyham's disciplinary action had been taken, and the punishment imposed, in retaliation for his performing utilization reviews for insurance companies and for the adverse testimony he had given in civil proceedings against certain Alabama chiropractors. The court concluded that the Board's conduct had been arbitrary and capricious, and it ordered the reinstatement of Mooneyham's license, a reversal of the fine, and a dismissal of all other proceedings against Mooneyham. The Court of Civil Appeals, on February 26, 1999, affirmed the circuit court's order, without an opinion. State Bd. of Chiropractic Exam'rs v. Mooneyham (No. 2980001), 776 So.2d 223 (Ala.Civ.App.1999) (table). The Board did not petition this Court for certiorari review.

On August 5, 1999, Mooneyham initiated the present lawsuit in the Baldwin Circuit Court, against the Board and certain members. The Board and those named members filed motions to dismiss; they offered several grounds on which they contended the complaint should be dismissed, including *203 the defenses of sovereign immunity and quasi-judicial immunity. On May 19, 2000, the circuit court granted the motions and dismissed all of Mooneyham's claims.

We are mindful that "[m]otions to dismiss under Rule 12(b)(6) should be granted sparingly, and [that] 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 the ... plaintiff to relief." Quality Homes Co. v. Sears, Roebuck & Co., 496 So.2d 1, 2 (Ala.1986). We also recognize the well-established principle that "[m]atters outside the pleadings should never be considered in deciding whether to grant a [Rule] 12(b)(6) motion." Hales v. First Nat'l Bank of Mobile, 380 So.2d 797, 800 (Ala. 1980).

As we have said, Mooneyham has appealed from the circuit court's judgment dismissing his five claims against the Board and the named members. Although the defense of immunity may be properly raised as to each of Mooneyham's claims, we begin our review as to Mooneyham's defamation and conspiracy claims at an earlier analytical stage. We conclude that those claims are barred, without regard to the defendants' immunity defenses. As to the remaining claims, we conclude that the defendants enjoy absolute or qualified immunity from suit and that the dismissal, therefore, was proper.

II.

The first issue we consider is whether Mooneyham can prevail on his defamation claim under any imaginable circumstances, considering the facts pleaded in his complaint. We are particularly interested in Mooneyham's allegations that the Board found him guilty of four violations of Alabama's professional code of conduct for chiropractors. We note that Mooneyham alleged as a fact that the Board's adjudication of his disciplinary matter occurred before the time when he alleges certain members of the Board authorized communications to third parties notifying those third persons of the conclusion and result of the Board's proceedings against him.

Mooneyham's complaint indicates that he has essentially pleaded that the Board communicated accurate and true information —at the time the alleged communications were authorized and at the time they were made, the Board had made its ruling and that ruling had not yet been reversed by the Montgomery Circuit Court. It is well established that truth is an absolute defense against a defamation claim. Drill Parts & Serv. Co. v. Joy Mfg. Co., 619 So.2d 1280, 1289 (Ala.1993); Foley v. State Farm Fire & Cas. Ins. Co., 491 So.2d 934, 937 (Ala.1986); and Liberty Loan Corp. of Gadsden v. Mizell, 410 So.2d 45, 49 (Ala.1982).

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Bluebook (online)
802 So. 2d 200, 2001 WL 499316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mooneyham-v-board-of-chiropractic-exrs-ala-2001.