Ex parte Daniels and Sellers

Summary

The Alabama Supreme Court granted Howard Daniels and Ronald Sellers a writ of mandamus directing transfer of a wrongful-death and civil-rights action from Wilcox County to Montgomery County. The court held that Alabama Code § 6-3-9 requires transfer of actions in which the State is interested on account of the prison system and that the venue challenge was timely despite not being raised in the defendants’ initial motion to dismiss.

Holdings

1. Ala. Code 1975, § 6-3-9 requires transfer to the Montgomery Circuit Court when an action implicates the State's interest on account of the prison system, even when the State or Department of Corrections is not named as a party and the defendants are prison officials sued in their official capacities.
2. The request to transfer under § 6-3-9 was not waived or rendered untimely by failure to raise venue in the initial motion to dismiss because § 6-3-9 contains a specific timing provision allowing the State's interest and the need for transfer to be shown before trial.
3. Daniels and Sellers were entitled to a writ of mandamus directing the trial court to transfer the action to the appropriate court in Montgomery County.

Questions Presented

1. Whether Ala. Code 1975, § 6-3-9 requires transfer to Montgomery County when state officers are sued in their official capacities for conduct related to the state prison system.
2. Whether the request for transfer was waived or untimely because Daniels and Sellers did not raise venue in their initial motion to dismiss or at earlier stages of the litigation.
3. Whether Daniels and Sellers established a clear legal right to mandamus relief directing the Wilcox Circuit Court to transfer the action.

Disposition

writ_granted