Supreme Court of Alabama
Ex Parte Richard Talbott (in Re Azin Agah v. Amber Bartlett)
September 30, 2015215 So. 3d 541
Summary
The court granted mandamus relief and directed dismissal of the claims against Talbott, Ballard, and Layton. It held that the amended complaint did not relate back because Agah had not adequately identified the fictitious defendants, lacked the required ignorance of their identities, and did not act diligently; the claims other than conversion and detinue were therefore untimely. The court further held that the petitioners could not provide the requested return of the logbook in their individual capacities and that the related monetary claims were barred as claims effectively against the State. Justice Murdock, concurring in the result, would have dismissed the conversion and detinue claims on the merits rather than on sovereign-immunity grounds.