Ex Parte the Retirement Systems of Alabama (in Re James B. Burks Ii v. the Retirement Systems of Alabama)

Summary

The court granted in part and denied in part a mandamus petition challenging the refusal to dismiss claims arising from a public-employee health-insurance allocation policy. It ordered dismissal of claims against specified state entities and officials, all state-law claims against the remaining officials, and federal claims seeking retroactive monetary relief, while allowing federal claims seeking prospective injunctive relief to proceed. The court held that sovereign immunity and Eleventh Amendment immunity barred the dismissed claims, and that the plaintiffs had not identified an applicable exception. Justice Parker, concurring specially, would recognize regulations and valid internal rules as possible grounds for an exception to state immunity and expressed concern about government by regulation.