IMMUNITY - ALABAMA

Ex parte Smith

Supreme Court of Alabama - September 4, 2020 - So.3d - 2020 WL 5268052

Director of county department of human resources, adult protective services caseworker, and others petitioned for a writ of mandamus directing the Circuit Court to vacate its order denying their motion for summary judgment, in wrongful death action filed by estate of mentally impaired adult who was found dead after leaving the licensed boarding home where she had been placed.

The Supreme Court held that director of county department of human resources, adult protective services caseworker, and others were entitled to statutory immunity.

Director of county department of human resources, adult protective services caseworker, and others were entitled to statutory immunity, in wrongful death action filed by estate of mentally impaired adult who was found dead after leaving boarding home where she had been placed; immunity provision applied to the arrangement of protective services and the placement of a client in an appropriate facility, adult’s treating physician opined that adult required adult protective services and recommended boarding home placement for adult with a guardian to assist with financial matters, and at the time of the placement adult could ambulate independently and could groom, bathe, dress, eat, and communicate without any help.



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