Supreme Court of Alabama
Ex Parte Kim Thomas (in Re Albert Wilson v. Kim Thomas)
October 26, 2012110 So. 3d 363
Summary
The court granted mandamus relief to the Alabama Department of Corrections and Kim Thomas in his official capacity as commissioner because claims seeking money damages were barred by State immunity. It denied relief to the Alabama Corrections Institution Finance Authority and Thomas in his capacity as its vice president because their argument that the claims lacked merit did not present a justiciability or subject-matter-jurisdiction issue and could be addressed on appeal. Justice Shaw, joined by Justice Murdock, concurred and emphasized that the asserted immunity exceptions do not permit official-capacity damages claims seeking money from the State.