Giambrone v. Douglas’s Empirical Analysis
2003
Citation profile
2 federal appellate · 53 state decisions
How this case has been cited
Cited by 74 later decisions — most recently July 2023 · most notably Grider v. City of Auburn (2010), Morton v. Kirkwood (2013)
2 federal appellate · 53 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Mitchell v. Forsyth · Siegert v. Gilley · 547 So. 2d 870 - West v. Founders Life Assur. Co. of Florida · 531 So. 2d 860 - Bussey v. John Deere Co. · 792 So. 2d 392 - Ex Parte Cranman
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"A State agent shall be immune from civil liability in his or her personal capacity when the conduct made the basis of the claim against the agent is based upon the agent's "(1) formulating plans, policies, or designs; or "(2) exercising his or her judgment in the administration of a department or agency of government, including, but not limited to, examples such as: "(a) making administrative adjudications; "(b) allocating resources; "(c) negotiating contracts; "(d) hiring, firing, transferring, assigning, or supervising personnel; or "(3) discharging duties imposed on a department or agency by statute, rule, or regulation, insofar as the statute, rule, or regulation prescribes the manner for performing the duties and the State agent performs the duties in that manner; or "(4) exercising judgment in the enforcement of the criminal laws of the State, including, but not limited to, law-enforcement officers' arresting or attempting to arrest persons; or "(5) exercising judgment in the discharge of duties imposed by statute, rule, or regulation in releasing prisoners, counseling or releasing persons of unsound mind, or educating students. "Notwithstanding anything to the contrary in the foregoing statement of the rule, a State agent shall not be immune from civil liability in his or her personal capacity "(1) when the Constitution or laws of the United States, or the Constitution of this State, or laws, rules, or regulations of this State enacted or promulgated for the purpose o”
29 later decisions quote this exact passage“fail[s] to discharge duties pursuant to detailed rules or regulations, such as those stated on a checklist.”
18 later decisions quote this exact passage“"`We have established a "burden-shifting" process when a party raises the defense of State-agent immunity. Ex parte Wood , 852 So.2d 705 (Ala. 2002). In order to claim State-agent immunity, the [defendants] bear the burden of demonstrating that [the plaintiffs] claims arise from a function that would entitle them to immunity. Wood , 852 So.2d at 709 ; Ryan v. Hayes , 831 So.2d 21 (Ala. 2002). If the [defendants] make such a showing, the burden then shifts to [the plaintiff], who, in order to deny the [defendants] immunity from suit, must establish that the [defendants] acted willfully, maliciously, fraudulently, in bad faith, or beyond their authority. Wood , 852 So.2d at 709 ; Ex parte Davis , 721 So.2d 685 , 689 (Ala. 1998). A State agent acts beyond authority and is therefore not immune when he or she "fail[s] to discharge duties pursuant to detailed rules or regulations, such as those stated on a checklist." Ex parte Butts , 775 So.2d 173 , 178 (Ala. 2000).' " Giambrone v. Douglas , 874 So.2d 1046 , 1052 (Ala. 2003)."”
5 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.