Alabama
How Calvert v. State of Texas applies in Alabama: state-specific rules, key cases, and bar exam notes for Torts.
Alabama follows a rule of governmental immunity in tort claims against the state, similar to the principles laid out in Calvert v. State of Texas. However, Alabama has recognized exceptions that allow for recovery when the government engages in a proprietary function.
Under Alabama law, the state is generally immune from tort claims unless an exception applies, such as when the state acts in a proprietary manner or if the claims arise under the Alabama Tort Claims Act, which permits certain actions against the state.
The court held that the Board, as a state entity, was shielded from tort liability unless an explicit exception under the Alabama Tort Claims Act applied.
The court stated that state entities cannot be held liable for discretionary functions unless they fall within specified exceptions for liability.
This case outlined the boundaries of liability for state actions, emphasizing the importance of following the exceptions to immunity laid out in state law.
Alabama's approach can be seen as more restrictive than federal precedent, which allows for broader claims against state actors under Section 1983 of the Civil Rights Act. Unlike federal law, which permits tort claims based on constitutional violations, Alabama requires clear statutory permission for states to be sued.
Questions on the Alabama bar exam may focus on the principles of governmental immunity and exceptions to it, highlighting cases reflective of Calvert v. State of Texas.