EX PARTE ALABAMA DEPT. OF YOUTH SERVICES

1020480.

880 So.2d 393 (2003)

Ex parte ALABAMA DEPARTMENT OF YOUTH SERVICES and J. Walter Wood, Jr. (In re Jane Doe 1, a minor child who sues by her grandmother D.M. as her next friend, and Jane Doe 2, a minor child who sues by her mother M.T. as her next friend v. Alabama Department Of Youth Services et al.)

Supreme Court of Alabama.

October 10, 2003.


Attorney(s) appearing for the Case

Kenneth L. Thomas, H. Lewis Gillis, Valerie L. Acoff, James L. Richey, and Tamica C. Richard of Thomas, Means, Gillis & Seay, P.C., Birmingham; and William J. Samford, Alabama Department of Youth Services, Mount Meigs, for petitioners.

Karen Sampson Rodgers and Kenneth Shinbaum of McPhillips, Shinbaum & Gill, LLP, Montgomery, for respondents.


JOHNSTONE, Justice.

The Alabama Department of Youth Services ("DYS") and J. Walter Wood, Jr., petition this Court for a writ of mandamus directing Judge Tracy S. McCooey to grant their Rule 12(b)(6), Ala. R. Civ. P., motion to dismiss the claims against them. We grant the petition in part and deny the petition in part.

Jane Doe 1 and Jane Doe 2, by and through their respective next friends ("Doe plaintiffs"), sued DYS employees Jimmie Jenkins, John Zeigler...

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