Patton v. Black
In Patton v. Black, 646 So. 2d 8, 10 (Ala. 1994) the Court discussed the standard of review applicable to the dismissal of a complaint stating claims against which the defendant raised the defenses of State-agent immunity:
"'Where a Rule 12(b)(6) motion has been granted and this Court is called upon to review the dismissal of the complaint, we must examine the allegations contained therein and construe them so as to resolve all doubts concerning the sufficiency of the complaint in favor of the plaintiff. In so doing, this Court does not consider whether the plaintiff will ultimately prevail, only whether he has stated a claim under which he may possibly prevail.'
"... It is the rare case involving the defense of State-agent immunity that would be properly disposed of by a dismissal pursuant to Rule 12(b)(6), Ala. R. Civ. P.." (646 So. 2d at 10.)