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EX PARTE SAWYER

1020897.

876 So.2d 433 (2003)

Ex parte Kathy SAWYER. (In re Joyce Marsh, as guardian of Edna Moseley, an incapacitated person v. Kathy Sawyer et al.)

Supreme Court of Alabama.

September 5, 2003.

Attorney(s) appearing for the Case

John D. Clements, Ricky J. McKinney, and Robert E. Battle of Burr & Forman, LLP, Birmingham; and Nancy Jones, State Department of Mental Health and Mental Retardation, for petitioner.

Kenneth J. Mendelsohn and Thomas E. James of Jemison, Mendelsohn & James, P.C., Montgomery, for respondent, Joyce Marsh.

LaVette Lyas-Brown and Alice Maples, asst. attys. gen., filed a brief entitled" Respondent Smith's Return to Writ of Mandamus" on behalf of Rita Smith, a codefendent in the circuit court.

STUART, Justice.

Kathy Sawyer, the commissioner of the Alabama Department of Mental Health and Mental Retardation, filed this petition for a writ of mandamus directing Judge Charles Price to grant her motion for a summary judgment, dismissing all state-law claims against her on the basis of State-agent immunity and the § 1983 claim against her on the basis of qualified immunity.

In September 1999, Edna Moseley, a resident at the Mary Starke Harper Geriatric...

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