Maura Elliott and Thomas Elliott v. Eric Wayne Montgomery and William Rambo

Summary

The Court held that Alabama Rule 355‑8‑1‑.02 authorizes a State employee to sue co‑employees for willful conduct, reversing the trial court’s summary judgment and remanding for further proceedings. It also rejected the defendants’ argument that the rule is invalid under § 36‑29A‑4. A specially‑concurring justice noted that the opinion does not decide whether the factual elements of willfulness are satisfied.