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Howard v. City of Atmore12/12/2003
pursuant to detailed rules or regulations, such as those stated on a checklist.'" Giambrone, So. 2d at ___ (quoting Ex parte Butts, 775 So. 2d 173, 178 (Ala. 2000)) (emphasis added). The complaint in Giambrone sought compensation for injuries suffered by 15-year-old Jake Giambrone, a member of the wrestling team, in an impromptu wrestling match with Michael Douglas, the head wrestling coach for Auburn High School. ___ So. 2d at ___. Douglas outweighed Giambrone, who was a freshman, by approximately 70 pounds. Id. The trial court entered a summary judgment in favor of Douglas on the ground of State-agent immunity.
In this Court, the appellant argued that the summary judgment was improper, because there was evidence indicating that "[Douglas] violated the competition guidelines as promulgated by the National Federation of Wrestling ('NFW'); and ... engaged in 'inequitable competition' with Jake in violation of the code of conduct contained in the Alabama High School Athletic Directors and Coaches Association Directories ('the Athletic Directories')." ___ So. 2d at ___ (emphasis added). This Court agreed with that argument and reversed the summary judgment. ___ So. 2d at ___.
In doing so, the Court noted that, as a general principle, "Douglas was permitted to exercise broad judgment in the education of his students." ___ So. 2d at ___. It explained, however, that Douglas's supervisor, the athletic director, had "instructed the coaches ... to follow the guidelines in the Athletic Directories," and that he had "provided Douglas with a book containing rules promulgated by the NFW in order to make sure that Douglas knew the rules for conducting wrestling matches." ___ So. 2d at ___. The Court stated:
"Although [the athletic director] was not directed by the [Auburn City Board of Education] to impose on the coaches at Auburn High School the guidelines and rules of the ... NFW and the Athletic Directories, it was within the exercise of his judgment to 'insist' that the coaches comply with those guidelines and rules.
"Therefore, Douglas's 'broad authority' to exercise judgment in the safe conduct of his wrestling team practices was limited by the guidelines and rules furnished and imposed by [the athletic director]."
___ So. 2d at ___. The Court concluded:
"The guidelines and rules removed Douglas's judgment in determining whether he should participate in a 'full speed' challenge match with a student who was less experienced, much younger, and smaller than Douglas. Moreover, the guidelines and rules restricted the type of moves that are permissible in the sport of wrestling. Because a trier of fact could determine that Douglas performed an illegal move during an 'inequitable' challenge match, thereby failing to discharge his duties pursuant to 'detailed rules or regulations,' we cannot determine at this stage in the proceedings that Douglas is entitled to State-agent immunity. Douglas did not met his burden of establishing that his actions and decisions involved functions that entitled him to immunity."
___ So. 2d at ___ (emphasis added).
Like the "guidelines and rules" in Giambrone, paragraph 7 of the order left no room for the exercise of judgment as to the manner in which or the frequency with which Bowens should be monitored. Moreover, Howard presented substantial evidence indicating that Officer Bryars failed to discharge the duties imposed by paragraph 7.
Bowens's suicide was investigated by Agent Douglas Darby of the Alabama Bureau of Investigation. According to Darby's deposition, Officer Bryars told Agent Darby that Officer Bryars made a "jail check" on all the inmates when he arrived at 3:00 p.m. t
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