Defendants Del Marsh, Gerald Dial, Jay Love, and Chad Fincher were members of the Alabama Legislature during its 2013 Regular Session. Defendants sought a writ of mandamus to order the Circuit Court to set aside its order denying their motion to dismiss an action against them filed by Lynn Pettway and to enter an order granting the motion. Pettway sued the defendants seeking injunctive and declaratory relief. Pettway alleged that HB 84 was passed in violation of Rule 21 and Alabama's Open Meetings Act. In a second complaint, Pettway alleged that because defendants constituted a majority of the conference committee, the private meeting at which HB 84 was revised was a de facto meeting of the conference committee. Therefore, alleged Pettway, that meeting was an "unannounced executive session" and violated both the Open Meetings Act and Rule 21. The defendants moved to dismiss the complaint and to quash service. The circuit court denied the defendants' motion but issued a stay of the proceedings and certified the matter for the Supreme Court's review. Defendants responded with a petition for permissive appeal pursuant to Rule 5, Ala. R. Civ. P., or in the alternative, a writ of mandamus. After careful review, the Supreme Court concluded defendants were entitled to a writ of mandamus to order the circuit court to grant their motion to dismiss Pettway's second complaint on related grounds that legislators are immune from suit regarding acts undertaken within the scope of legitimate legislative activity and because the substance of Pettway's new complaint involved nonjusticiable claims. View "Pettway v. Marsh et al." on Justia Law
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