Ex parte Andrew Hugine, Jr., et al.Annotate this Case
Andrew Hugine, Jr., Ph.D., Daniel Wims, Ph.D., and Mattie Thomas, Ph.D., petitioned the Alabama Supreme Court for a writ of mandamus directing the Circuit Court to vacate its order that denied their requests for qualified immunity and State-agent immunity from all claims filed against them in their individual capacities by Regina Colston in an action stemming from the termination of Colston's employment at Alabama Agricultural and Mechanical University ("the University") and to enter a summary judgment in their favor. Colston was hired as an instructor at the University to teach telecommunications for the School of Arts and Sciences in the Department of English, Foreign Languages, and Telecommunications. She taught broadcast journalism and other similar classes at the University continuously for the next 32 years. It was undisputed that the University was facing budget problems when Hugine was hired as president in 2009. The University evaluated faculty for potential dismissal. In the case of Colston, the University found that she was not tenured, and she was placed on the list recommending dismissal. Colston filed a grievance upon being fired. Colson filed suit, and the trial court entered a summary judgment in favor of the defendant as to all claims by Colston seeking compensatory and/or punitive damages against any defendant in the defendant's official capacity. The trial court denied summary judgment as to all other claims. Subsequently, Hugine, Wims, and Thomas filed the present petition for a writ of mandamus in which they asked the Supreme Court to vacate the trial court's judgment. After review, the Supreme Court determined that the trial court erred in not holding that Wims and Hugine were entitled to qualified immunity from Colston's retaliation claims based on alleged violations of her free speech and free-association rights. The Court likewise concluded that Hugine, Wims, and Thomas were entitled to State-agent immunity with respect to Colston's state-law claims against them individually alleging wrongful termination, fraud, and tortious interference with a contractual relationship.