## Facts

- Spencer Tracy Trussell worked at Ayers State Technical College, first as interim dean of instruction (1992) and then as dean of instruction effective May 1, 1993.
- Ayers State did not use written employment contracts for administrative employees during the initial probationary period; affidavits stated written contracts were not issued until completion of a 36-month probationary period.
- Dr. Lynda Craft became interim president on June 1, 1994; she testified she had no discussions with Trussell about his employment after taking office.
- On March 24, 1995, with approval from Chancellor Dr. Fred Gainous, Craft notified Trussell his employment would not continue beyond April 30, 1995, and placed him on administrative leave with full pay and benefits effective March 27, 1995.
- Trussell was treated as a probationary employee, informed he had no right to a hearing before the State Board of Education, and later sued Ayers State, Craft, Gainous, and others alleging wrongful termination and related claims, asserting entitlement to due process and continued employment.

## Issues

1. Whether Ayers State Technical College and Craft and Gainous in their official capacities were absolutely immune from suit for damages under Ala. Const. art. I, § 14.
2. Whether mandamus was available to require entry of summary judgment based on sovereign immunity after the trial court denied the defendants’ summary-judgment motions.
3. Whether the defendants showed a clear legal right to mandamus relief as to individual-capacity claims against Craft and Gainous given the evidentiary record on probationary status and alleged policy violations.

## Decision

- The Alabama Supreme Court granted the mandamus petition in part and denied it in part.
- It ordered the trial court to enter judgment for Ayers State and for Craft and Gainous in their official capacities on Trussell’s damages claims because those claims were barred by absolute sovereign immunity under § 14.
- It declined to direct summary judgment on all individual-capacity claims, concluding the mandamus record did not establish a clear legal right to dismissal of those claims at that stage.

## Legal Principles

- Ala. Const. art. I, § 14 provides absolute, jurisdictional sovereign immunity that bars suits for damages against the State and its agencies, and against state officials in their official capacities when the action is, in effect, against the State.
- Mandamus is an extraordinary remedy available to correct a trial court’s refusal to dismiss or enter judgment where a defendant has absolute immunity from suit and shows a clear legal right to avoid litigation burdens.
- Under relevant State Board of Education policies, probationary employees (generally those with three years or less of service) may be terminated on written notice without the procedural protections afforded to nonprobationary employees; disputes about probationary status or policy compliance can preclude mandamus relief on individual-capacity theories.

## Conclusion

The court held that sovereign immunity required dismissal of damages claims against the state technical college and against administrators sued in their official capacities, but it refused to use mandamus to dispose of remaining individual-capacity claims where the record did not clearly foreclose further factual development.


Ex parte Craft, 727 So. 2d 55 (Ala. 1999)