MAIN, Justice.
Lt. Harvey Ruffin, a correctional officer at the Bullock Correctional Facility ("the facility"); Sgt. Shelton Patterson, a correctional officer at the facility; Sandra Giles, the deputy warden of the facility; and Kenneth Jones, the warden of the facility (hereinafter referred to collectively as "the petitioners"), the defendants in an action filed by Thomas Donahey, Jr., petition for a writ of mandamus directing the Montgomery Circuit Court to grant their motion for a summary judgment on the ground that they are entitled to immunity. We grant the petition and issue the writ.
On July 25, 2010, Donahey was attacked and injured while in the custody of the Mental Health Residential Therapeutic Unit of the facility. Donahey was stabbed several times with an ink pen by another inmate, Bruce Smith. During the incident, one of the facility's correctional officers observed several inmates running from one of the inmate dorms. The fleeing inmates reported that another inmate was being stabbed. The correctional officer radioed for immediate assistance. Two correctional officers responded to the call for assistance, including Lt. Ruffin. Lt. Ruffin responded and observed Donahey "sitting on the side of his bed bleeding" and Smith "standing behind Donahey, with his hands held over his head, and stating that `the voices' had told him to attack Donahey." Donahey was taken to the facility's health-care unit for medical treatment and was later released back to his dormitory. Smith was handcuffed and taken to the facility's stabilization/segregation unit and was charged with assaulting another inmate.
On July 6, 2012, Donahey, acting pro se, sued Lt. Ruffin, Warden Jones, Deputy Warden Giles, and Sgt. Patterson, who was allegedly present while Donahey was being treated in the health-care unit following the attack. Donahey alleged that the petitioners negligently, wantonly, and recklessly failed to protect him from an attack by another inmate. In his complaint, Donahey alleged that the petitioners knew that Smith had a history of violence and that he had attacked other inmates and prison guards. Donahey also alleged that the petitioners knew that Smith did not like Donahey and that they should not have housed Donahey and Smith together. Donahey also alleged that the failure to protect him from the attack constituted a violation of his rights under the Eighth Amendment to the United States Constitution. Donahey demanded judgment in the amount of $250,000 in compensatory damages and $250,000 in punitive damages.
On August 28, 2013, the petitioners jointly moved for a summary judgment on the ground that they are immune from Donahey's lawsuit. Each petitioner submitted an affidavit in support of the summary-judgment motion. Lt. Ruffin testified that, contrary to Donahey's claims that Smith was known to be violent, Smith's last disciplinary infraction involving any form of violence was in 2005. The petitioners testified that both Donahey and Smith were housed at the mental-health unit and both were receiving treatment for mental-health issues. Warden Jones testified that inmates are routinely housed together unless there is a compelling reason to segregate particular inmates from the general population. The petitioners described the attack as "spontaneous." They testified that the security staff responded immediately to the attack and that medical aid was promptly rendered to Donahey, while Smith was placed in the segregation unit and charged with a disciplinary violation. Deputy Warden Giles testified that there was nothing that would have given the correctional-security staff reason to foresee Smith's attack on Donahey. Although Sgt. Patterson testified that he did not recall being present at the time of the incident, he stated that security personal quickly notify the mental-health staff any time they witness an inmate in mental distress.
Donahey filed no response and submitted no evidence in opposition to the summary-judgment
Although the denial of a motion for a summary judgment is generally not appealable, this Court has held that the denial of a motion for a summary judgment grounded on a claim of immunity is reviewable by a petition for a writ of mandamus. Ex parte Kennedy, 992 So.2d 1276, 1280 (Ala.2008). In such case, we apply the following standard of review:
Kennedy, 992 So.2d at 1280 (quoting Ex parte Nall, 879 So.2d 541, 543 (Ala.2003)).
The petitioners invoke a pantheon of immunity defenses. With regard to Donahey's claims that the petitioners "negligently, wantonly, and recklessly" failed to protect Donahey from harm, the petitioners contend that they are entitled to State-agent immunity. As to Donahey's 42 U.S.C. § 1983 claim, based on the alleged violation of his Eighth Amendment rights, the petitioners assert that they are entitled to qualified immunity. Finally, the petitioners argue that, to the extent they are sued in their official capacities, they are entitled to sovereign immunity. We discuss each argument in turn.
The petitioners contend that they are entitled to the protection of State-agent immunity with regard to Donahey's claims that the petitioners "negligently, wantonly, and recklessly" failed to protect him from attack. The petitioners are all employees of the Alabama Department of Corrections ("the DOC"). We have previously held that "employees of the DOC are entitled to State-agent immunity when in conducting the activities made the basis of the action they were exercising `judgment in the administration' of the DOC." Carpenter v. Tillman, 948 So.2d 536, 538 (Ala. 2006).
The restatement of State-agent immunity as set out in Ex parte Cranman, 792 So.2d 392 (Ala.2000), governs the determination of whether a State agent is entitled to immunity.
Cranman, 792 So.2d at 405. This Court has also stated:
Ex parte Kennedy, 992 So.2d at 1282-83.
There appears to be no dispute that the petitioners are State agents who, at the time of the incident, were performing a function — managing the confinement of and/or guarding prisoners with mental illness — that entitles them to State-agent immunity. See Howard v. City of Atmore, 887 So.2d 201, 206 (Ala.2003) ("Categories
The record before us indicates that Donahey filed no response in opposition to the petitioners' motion for a summary judgment, nor has Donahey offered any evidence indicating that one of the exceptions in Cranman to State-agent immunity is applicable. Therefore, Donahey did not meet his burden of establishing that the petitioners were not entitled to State-agent immunity with regard to the State-law claims asserted against them in their individual capacities. Accordingly, the respondents are entitled to State-agent immunity as to the claims that they "negligently, wantonly, and recklessly" failed to protect Donahey from an attack by Smith.
Next the petitioners assert that Donahey's claim that the petitioners violated his civil rights under the Eighth Amendment, a claim made pursuant to 42 U.S.C. § 1983, is barred by the doctrine of qualified immunity. The doctrine of qualified immunity generally shields government officials who are performing discretionary functions from liability for civil damages unless their conduct violates "clearly established statutory or constitutional rights." Ex parte Madison County Bd. of Education, 1 So.3d 980, 990 (Ala. 2008). The United States Supreme Court has recently described the doctrine as follows:
Messerschmidt v. Millender, 565 U.S. ___, ___, 132 S.Ct. 1235, 1244-45, 182 L.Ed.2d 47 (2012).
This Court has recognized a two-part test to determine whether a public official is entitled to qualified immunity in a § 1983 action:
Ex parte Sawyer, 876 So.2d 433, 439 (Ala. 2003) (quoting Couch v. City of Sheffield, 708 So.2d 144, 155 (Ala.1998), quoting in turn Roden v. Wright, 646 So.2d 605, 610 (Ala.1994)). The second prong is satisfied if the plaintiff proves that "`(1) the defendant violated a constitutional right, and (2) this right was clearly established at the time of the alleged violation.'" Townsend v. Jefferson Cnty., 601 F.3d 1152, 1158 (11th Cir.2010) (quoting Holloman ex rel. Holloman v. Harland, 370 F.3d 1252, 1264 (11th Cir.2004)).
In the present case, there appears to be no dispute that the petitioners were acting within the scope of their discretionary authority at the time of the incident. The United States Court of Appeals for the Eleventh Circuit has defined the term "discretionary authority" to include "all actions of a governmental official that (1) `were undertaken pursuant to the performance of his duties,' and (2) were `within the scope of his authority.'" Jordan v. Doe, 38 F.3d 1559, 1566 (11th Cir.1994) (quoting Rich v. Dollar, 841 F.2d 1558, 1564 (11th Cir.1988)). From all the evidence before us, the petitioners were each working within the line and scope of their various positions at the facility at the time of the allegedly wrongful acts complained of by Donahey, who has submitted no evidence to the contrary. Accordingly, the burden shifted to Donahey to show that the petitioners' actions violated clearly established constitutional law.
Donahey contends that his injuries resulted from the petitioners' alleged "deliberate indifference" to his safety.
Carter v. Galloway, 352 F.3d 1346, 1349 (11th Cir.2003).
In order to defeat the petitioners' properly supported motion for a summary judgment on Donahey's Eighth Amendment "deliberate indifference" § 1983 claim, Donahey was required to produce substantial evidence of "`(1) a substantial risk of serious harm; (2) the defendants' deliberate indifference to that risk; and (3) causation.'" Carter, 352 F.3d at 1349 (quoting Hale v. Tallapoosa Cnty., 50 F.3d 1579, 1582 (11th Cir.1995)). Donahey, however, has submitted no evidence indicating that the petitioners were "subjectively aware" of the "substantial risk of serious harm" created by trusting him with Smith. See Farmer v. Brennan, 511 U.S. 825, 829-38, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (defining the term "deliberate indifference" to require a showing that the officer was "subjectively aware of the risk"). To the contrary, the uncontroverted evidence in the record suggests that the attack on Donahey was "spontaneous" and unexpected. Lt. Ruffin testified that Smith, the inmate who attacked Donahey, had received no disciplinary action for any act of violence since 2005; Deputy Warden Giles testified that "[t]here was nothing that would give the correctional security staff reason to expect an attack."
Finally, we note that Donahey did not designate whether the petitioners were being sued in their individual or official capacities. Although the above analysis assumes that the petitioners were sued in their individual capacities, the petitioners argue, and we agree, that, to the extent Donahey asserts claims against them in their official capacities, they are also immune from suit. To the extent that Donahey's action, which seeks only monetary damages, is against the petitioners in their official capacities, his State-law claims are barred by the doctrine of sovereign immunity. See Ala. Const.1901, § 14; Haley v. Barbour Cnty., 885 So.2d 783, 788 (Ala.2004); and Lyons v. River Road Constr., Inc., 858 So.2d 257, 261 (Ala.2003). Likewise, Donahey is not permitted to assert a § 1983 claim for money damages against the petitioners in their official capacities. See Will v. Michigan Dep't of State Police, 491 U.S. 58, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989) (holding that a state official sued in his or her official capacity for damages is not a "person" who may be sued under § 1983).
Based on the uncontroverted evidence, the petitioners are entitled to immunity from all the claims asserted against them by Donahey. Accordingly, the petitioners have shown a clear legal right to the relief sought, and the trial court is directed to enter a summary judgment in their favor.
PETITION GRANTED; WRIT ISSUED.
MOORE, C.J., and STUART, BOLIN, PARKER, MURDOCK, SHAW, WISE, and BRYAN, JJ., concur.