David McGilvray, a former investigator for the Alabama Board of Medical Examiners (the Medical Board), was terminated for sending a sexually explicit email to his coworkers. Following his termination, the Medical Board requested the Local Government Health Insurance Board (the Insurance Board) to cancel McGilvray's health-insurance benefits. McGilvray, claiming he had retired before the Medical Board ratified his termination, sought retiree-health-insurance benefits. His request was denied by the Insurance Board on the grounds that he had been fired for cause and had not retired.
McGilvray filed two lawsuits in an attempt to obtain retiree-health-insurance benefits. The first lawsuit was against the executive director of the Medical Board and the CEO of the Insurance Board. The Montgomery Circuit Court entered summary judgment against him, ruling that his claims were time-barred. In the second lawsuit, which is the subject of this appeal, McGilvray sued the executive director of the Medical Board and the members of the Medical Board in both their official and individual capacities. The Montgomery Circuit Court dismissed this suit based on the doctrines of State immunity and res judicata.
The Supreme Court of Alabama affirmed the lower court's decision. The court found that McGilvray's breach-of-contract claim, seeking damages from the Medical Board defendants in their official capacities, was barred by State immunity. Furthermore, the court ruled that all of his other claims were barred by res judicata, as they arose from the same set of facts as his claims in the prior action: the termination of his employment and the Insurance Board's denial of his request for retiree-health-insurance benefits. View "McGilvray v. Perkins" on Justia Law
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