Supreme Court of Alabama

Ex Parte David Bronner

December 31, 2014171 So. 3d 614

Summary

The Court granted the RSA defendants’ mandamus petition and directed dismissal of the members’ complaint because the claims sought judicial review of discretionary investment decisions protected by sovereign immunity and separation of powers. The statutory prudent-investor standard did not impose the specific legal duty necessary to invoke an exception to immunity, and the requested continuing injunction would improperly require judicial supervision of executive investment policymaking. Chief Justice Moore and Justice Shaw, dissenting, would have held that dismissal was premature and that the issues should first be considered on a full summary-judgment record.