Code of Alabama
Ala. Code § 6-11-26 (2026)
No Punitive Damages Awarded Against State or Agency Thereof.
✓ official Alabama Legislature (ALISON) text, current July 2026
Punitive damages may not be awarded against the State of Alabama or any county or municipality thereof, or any agency thereof, except any entity covered under the Medical Liability Act now codified as Section 6-5-480 et seq., or any acts amendatory thereto.
(Acts 1987, No. 87-185, p. 251, §7.)
Notes of Decisions
Cited in 22
cases (7 in the last 5 years), 1989–2026 · leading case: Harrelson v. Elmore Cnty., Ala., 859 F. Supp. 1465 (M.D. Ala. 1994).
Harrelson v. Elmore Cnty., Ala., 859 F. Supp. 1465 (M.D. Ala. 1994). “2d 616 (1981) does not apply to the case at bar; (2) punitive damages are available under the ADA; and (3) Ala.Code § 6-11-26 does not bar punitive damages under § 1983.”
Barnett v. Baldwin Cnty. Bd. of Educ., 60 F. Supp. 3d 1216 (S.D. Ala. 2014). “The Alabama statute states as follows: Punitive damages may not be awarded against the State of Alabama or any county or municipality thereof, or any agency thereof, except any entity covered under the Medical Liability Act now codified as Section 6-5-480 et seq.”
Elmore Cnty. Com'n v. Ragona, 540 So. 2d 720 (Ala. 1989). “Ala.Code 1975, § 6-11-26, effective June 11, 1987.”
Shaw v. Coosa Cnty. Comm'n, 330 F. Supp. 2d 1285 (M.D. Ala. 2004). “See Ala.Code § 6-11-26 (1975); Harrelson v. Elmore County, Ala.”
Gaines v. Choctaw Cnty. Comm'n, 242 F. Supp. 2d 1153 (S.D. Ala. 2003). “Ala.Code § 6-11-26 (1975). Therefore, plaintiffs’ claims for punitive damages against Choctaw County are due to be stricken.”
Malone v. Chambers Cnty. Bd. of Commissioners, 875 F. Supp. 773 (M.D. Ala. 1994). “Ala.Code § 6-11-26 (1975). 4 . To date, the Eleventh Circuit has not addressed this issue.”
Ex Parte Haralson, 871 So. 2d 802 (Ala. 2003). “1989) (a deputy sheriff acting in his "official capacit[y] and individually" is immune from suit when the action is one against the State); § 6-11-26, Ala.Code 1975 (punitive damages may not be awarded against the State).”
Smitherman v. Marshall Cnty. Com'n, 746 So. 2d 1001 (Ala. 1999). “Defendant, Marshall County, is immune from punitive damages as per § 6-11-26, Ala.Code 1975. "6. The issues involved in Defendants' Motion for Summary Judgment are novel and there is no just reason for any delay in the entry of final judgment and the Clerk of the Court is hereby…”
Romero v. City of Clanton, 220 F. Supp. 2d 1313 (M.D. Ala. 2002). “Code § 6-11-26 (1993), and the Motion to Dismiss is due to be GRANTED as to Romero’s request for punitive damages for violation of state law by the City of Clanton.”
Huckaby v. East Alabama Med. Ctr., 830 F. Supp. 1399 (M.D. Ala. 1993). “Code § 6-11-26 states that “[pjunitive damages may not be awarded against the state of Aabama .”
McElroy v. City of Birmingham, 903 F. Supp. 2d 1228 (N.D. Ala. 2012). “Based on the above arguments, Hutchins and the City are also due state agent immunity.”
Waters v. City of Geneva, 47 F. Supp. 3d 1324 (M.D. Ala. 2014). “Article III Standing (Counts III, VII, and IX) Defendants move to dismiss Counts III (§ 1983), VII (§ 1983), and IX (state law), arguing that Plaintiff has not alleged facts establishing that she has standing and that her lack of standing deprives the court of subject-matter…”
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