Legal Briefs | When is a State Agency Not a State Agency. . . But is Now a State Agency

October 3, 2012 4:51 pm

By Dale J. Atkinson, JD
Originally published in the October 2012 NABP Newsletter

In a previous Newsletter article (“When is a State Agency Not a State Agency?” May 2012 NABP Newsletter), the judicial decisions of Wilkinson v. Board of Dental Examiners of Alabama and Versiglio v. Board of Dental Examiners of Alabama were discussed regarding whether immunity principles applied to the Alabama Board of Dental Examiners (Board) based upon its status as a state agency. The Wilkinson case found that certain required criteria were not present, thus concluding that the Board was not a state entity and not entitled to immunity. The Versiglio case followed, whereby the federal court deferred to the state court conclusions and also held that the Board was not a state entity. Since the publication of the previous Newsletter article, the Supreme Court of Alabama has reviewed and reversed the decision of the Alabama Court of Civil Appeals and ordered a remand.

The full article which outlines the Alabama Supreme Court opinion is available in the October 2012 NABP Newsletter (PDF).