Morrow v. Caldwell ex rel. Russell

Summary

The Alabama Supreme Court affirmed the denial of a municipal employee’s request for a declaration that the $100,000 damages cap in Ala. Code § 11-47-190 applied to claims against him in his individual capacity. The court held that the statutory cap limits recovery in circumstances where the municipality may be liable under the statute and does not apply to claims against municipal employees sued individually, including claims alleging wanton or willful conduct.

Holdings

1. The $100,000 damages cap in Alabama Code § 11-47-190 does not apply to claims against a municipal employee sued in his individual capacity.
2. Because § 11-47-190 does not limit recovery on individual-capacity claims, the statutory cap does not apply merely because the claims allege willful, wanton, or reckless conduct falling outside State-agent immunity.

Questions Presented

1. Whether Alabama Code § 11-47-190's $100,000 damages cap applies to claims against a municipal employee sued in his individual capacity.
2. Whether the cap applies when the claims fall within the willful or wanton exception to State-agent immunity.

Disposition

affirmed