Supreme Court of Alabama
City of Gadsden v. John Boman Joe N. Dickson v. John Boman
November 8, 2013143 So. 3d 695
Summary
The court reversed orders granting John Boman injunctive relief against the State Employees’ Insurance Board members and the City of Gadsden. It held that Boman was entitled to Medicare within the meaning of the State plan because he met the regulatory requirements for Medicare enrollment, making the State plan secondary rather than primary. The court also held that the circuit court improperly granted relief for Boman’s wife, entered permanent injunctive relief against Gadsden without a final merits hearing, and entered preliminary injunctive relief against Gadsden without requiring security or finding an exception. Justice Murdock concurred in the reversal concerning the Board members but dissented from the reversal concerning Gadsden, concluding that the relief against Gadsden was intended to be permanent and should be affirmed.