burden privilege in Alabama

2005In Powers , this Court stated the following regarding a taxpayer's action, brought on behalf of the plaintiff and all other Alabama taxpayers, seeking to collect money allegedly owed to the State by the surety on a bond: "`While we have held that a taxpayer's suit to enjoin State officers is available under certain conditions, we do not think that the right to sue in equity to exact payment of a debt due the State is subject to the same principles which sustain a suit for city funds. . . . "`. . . . *Page 1011 "` We do not think, however, that a citizen and taxpayer has the legal and constitut

2005In Powers , this Court stated the following regarding a taxpayer's action, brought on behalf of the plaintiff and all other Alabama taxpayers, seeking to collect money allegedly owed to the State by the surety on a bond: "`While we have held that a taxpayer's suit to enjoin State officers is available under certain conditions, we do not think that the right to sue in equity to exact payment of a debt due the State is subject to the same principles which sustain a suit for city funds. . . . "`. . . . *Page 1011 "` We do not think, however, that a citizen and taxpayer has the legal and constitut

2005In Powers , this Court stated the following regarding a taxpayer's action, brought on behalf of the plaintiff and all other Alabama taxpayers, seeking to collect money allegedly owed to the State by the surety on a bond: "`While we have held that a taxpayer's suit to enjoin State officers is available under certain conditions, we do not think that the right to sue in equity to exact payment of a debt due the State is subject to the same principles which sustain a suit for city funds. . . . "`. . . . *Page 1011 "` We do not think, however, that a citizen and taxpayer has the legal and constitut

2005In so holding, the Court cited with approval the holding in Powers : "` We do not think, however, that a citizen and taxpayer has the legal and constitutional right to assume the burden or privilege of enforcing an obligation due to the corporate State, and for its benefit. '" 686 So.2d at 253 (quoting Powers , 236 Ala. at 393 , 182 So. at 761 ) (emphasis added in Doremus ).

1997The burden would then shift to the defendant employer to come forward with evidence that the employee was terminated for a legitimate reason, whereupon the plaintiff must prove that the reason was not true but a pretext for an otherwise impermissible termination." Twilley v. Daubert Coated Products, Inc. , 536 So.2d 1364 , 1369 (Ala. 1988).

1997The burden would then shift to the defendant employer to come forward with evidence that the employee was terminated for a legitimate reason, whereupon the plaintiff must prove that the reason was not true but a pretext for an otherwise impermissible termination." Twilley v. Daubert Coated Products, Inc., 536 So.2d 1364, 1369 (Ala.1988).

1991Once defendant meets this burden the analysis proceeds to the third stage at which the plaintiff must prove by a preponderance of the evidence either that the asserted legitimate reason is pretextual or more directly that a discriminatory reason motivated the discharge.” Lee v. Russell County Board of Education, 684 F.2d 769, 773 (11th Cir.1982) (citations omitted).

1939And this Court in Carey v. Hart, 208 Ala. 316 , 94 So. 298, 300 (a case here much in point), gave application to this very question, as disclosed by the following expression found in the opinion: “Here, however, as has been noted, defendant, whose property was decreed to be subject to a lien to secure complainant’s debt, was not the actor in the equity court, and cannot be subjected to the burden of the rule.

1939And this Court in Carey v. Hart, 208 Ala. 316 , 94 So. 298, 300 (a case here much in point), gave application to this very question, as disclosed by the following expression found in the opinion: “Here, however, as has been noted, defendant, whose property was decreed to be subject to a lien to secure complainant’s debt, was not the actor in the equity court, and cannot be subjected to the burden of the rule.