directing Deason to ascend the scaffolding for dismantling, Walker performed a visual inspection of its condition. Walker contends that, in light of the foregoing facts and prior decisions of this Court, even assuming that he negligently performed his duties with regard to the inspection and ascension of the scaffolding, those duties were performed in' the line and scope of his discretionary authority as a carpenter supervisor. See Ex parte Randall, 971 So.2d 652, 664 (Ala.2007) (“This Court has previously held that poor judgment or wanton misconduct, an aggravated form of negligence, does not rise to the level of willfulness and maliciousness necessary to put the State agent beyond the immunity recognized in Cramnan. See Giambrone [v. Douglas], 874 So.2d [1046] at 1057 [ (Ala.2003),] (<HOLDING>).”). The undisputed evidence before us
holding that a state agent was entitled to immunity notwithstanding the fact that there was sufficient evidence for a jury to return a verdict for malicious prosecution because malice for purposes of malicious prosecution can be based upon a lack of probable cause but such malice in law is not enough to satisfy the ex parte cranman exception for acts committed willfully maliciously fraudulently in bad faith beyond his or her authority or under a mistaken interpretation of the law holding that for a defendant to recoup attorneys fees under  706k of title vii a court must find that the plaintiff litigated his or her claim beyond the point where it became frivolous unreasonable or groundless or where plaintiff acted in bad faith holding that stateagent immunity is not abrogated for negligent and wanton behavior instead immunity is withheld only upon a showing that the state agent acted willfully maliciously fraudulently in bad faith or beyond his or her authority holding that awarding fees under  35a is inappro priate absent an explicit finding  that the losing party acted willfully or in bad faith holding that a bad faith claim is a tort