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Ryan v. Hayes3/22/2002
The three above-captioned cases, consolidated on appeal, were brought in the Circuit Court of Limestone County by the victims of a post-escape rampage by Scourterrious Lofton ("Lofton"), an inmate at the Limestone Correctional Facility ("Limestone"), located in Capshaw, who, along with another inmate, escaped from a disciplinary chain gang on June 25, 1997. The defendants in these actions were Jim Hayes, the classification-specialist supervisor at Limestone; Ralph Hooks, the warden of Limestone; David Wise, the deputy warden; and Jim Yarbrough, a correctional officer at Limestone. For purposes of this appeal, we are assuming the following facts to be undisputed.
After he escaped, Lofton stole a truck and drove to Tennessee where he encountered Karl Franklin Smith and his minor son William Franklin Smith III ("the Smiths") at a fireworks store; he robbed and assaulted the father and assaulted the son. Michael Peden and Harold Peden ("the Pedens") were also at the fireworks store, and Lofton assaulted Michael and stole a truck belonging to Harold. Later that same day, Lofton broke into the residence of Willard Ryan and Sue Ryan ("the Ryans") in Georgia and terrorized them by repeatedly raping Mrs. Ryan and beating Mr. Ryan. Lofton was eventually captured at the Ryans' residence.
The action subsequently instituted by the Ryans in the Circuit Court of Limestone County, as last amended, charged the defendants with various acts and omissions constituting negligence or wantonness. Shortly after the Ryans filed their action, the Smiths and the Pedens, represented by the same counsel, filed their respective actions. As last amended, those actions involved the same defendants, and the complaints charged them with essentially the same negligent or wanton acts and omissions. The Ryans, on one hand, and the Smiths and the Pedens, on the other, are represented by different counsel.
All of the defendants were sued only in their individual capacities. In addition to charging the defendants with negligent or wanton acts or omissions, the complaints in each case additionally charged that the defendants had acted fraudulently, in bad faith, beyond their authority, or under a mistaken interpretation of the law. No charges of intentional tortious conduct were made against any of the defendants. In each of the three actions, the warden and the deputy warden were represented by the attorney general, and Hayes and Yarbrough were represented by their respective separate counsel. Extensive discovery was conducted in the cases. Eventually the defendants filed motions for a summary judgment, each making the argument (1) that he was entitled to State-agent immunity under the rule articulated in Ex parte Cranman, 792 So. 2d 392 (Ala. 2000), and (2) that this Court's holding in Donahoo v. State, 479 So. 2d 1188 (Ala. 1985), established that none of the defendants had a duty to protect any of the plaintiffs from Lofton. The plaintiffs' responses in opposition to those summary-judgment motions addressed the defendants' arguments based on Cranman and Donahoo. Accordingly, no argument was presented to the trial court concerning the plaintiffs' allegations that the defendants' actions were fraudulent, in bad faith, beyond their authority, or committed under a mistaken interpretation of the law. On April 27, 2001, following several rounds of briefing and oral arguments, the trial court issued nearly identical written orders in each case entering summary judgments in favor of the defendants.
It is undisputed for purposes of this appeal that Lofton's escape from the chain gang was the result of a tragic succession of errors on the part of the defendants. Lofton had been convicted on December 15, 1995, of r
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