wall immunity in Alabama

2024On May 17, 2024, the parties, as ordered by this court, filed letter briefs addressing the effect of the circuit court's May 16, 2024, order on this court's 8 CL-2024-0073 jurisdiction over the petition for the writ of mandamus filed by the AMCC. 5 Analysis Article I, § 14, of the Alabama Constitution of 2022 provides "[t]hat the State of Alabama shall never be made a defendant in any court of law or equity." "The wall of immunity erected by § 14 is nearly impregnable." Patterson v. Gladwin Corp., 835 So. 2d 137, 142 (Ala. 2002).

2018"Section 14, Ala. Const. 1901, provides: '[T]he State of Alabama shall never be made a defendant in any court of law or equity.' (Emphasis added.) 'The wall of immunity erected by § 14 is nearly impregnable.' Patterson v. Gladwin Corp. , 835 So.2d 137 , 142 (Ala. 2002).

2023Sanders Lead Co. v. Levine, 370 F. Supp. 1115, 1117 (M.D.

2017Sanders Lead Co. v. Levine , 370 F.Supp. 1115 , 1117 (M.D.

2016Sanders Lead Co. v. Levine, 370 F.Supp. 1115, 1117 (M.D.Ala.1973); Taylor v. Troy State Univ., 437 So.2d 472, 474 (Ala. 1983); Hutchinson v. Board of Trustees of Univ. of Alabama, 288 Ala. 20, 24 , 256 So.2d 281, 284 (1971).

2015“The State’s immunity bars suits for relief by way of mandamus or injunction, no less than suits for any other remedy.” Taylor v. Troy State Univ., 437 So.2d 472, 474 (Ala.1983).

2016Sanders Lead Co. v. Levine, 370 F.Supp. 1115, 1117 (M.D.Ala.1973); Taylor v. Troy State Univ., 437 So.2d 472, 474 (Ala. 1983); Hutchinson v. Board of Trustees of Univ. of Alabama, 288 Ala. 20, 24 , 256 So.2d 281, 284 (1971).

2016Sanders Lead Co. v. Levine, 370 F.Supp. 1115, 1117 (M.D.Ala.1973); Taylor v. Troy State Univ., 437 So.2d 472, 474 (Ala. 1983); Hutchinson v. Board of Trustees of Univ. of Alabama, 288 Ala. 20, 24 , 256 So.2d 281, 284 (1971).

2018In Alabama Department of Corrections v. Montgomery County Commission , 11 So.3d 189 , 191-92 (Ala. 2008), this Court stated the following well established law regarding sovereign or State immunity: "Section 14, Ala. Const. 1901, provides: '[T]he State of Alabama shall never be made a defendant in any court of law or equity.' (Emphasis added.) 'The wall of immunity erected by § 14 is nearly impregnable.' Patterson v. Gladwin Corp. , 835 So.2d 137 , 142 (Ala. 2002).

2018In Alabama Department of Corrections v. Montgomery County Commission , 11 So.3d 189 , 191-92 (Ala. 2008), this Court stated the following well established law regarding sovereign or State immunity: "Section 14, Ala. Const. 1901, provides: '[T]he State of Alabama shall never be made a defendant in any court of law or equity.' (Emphasis added.) 'The wall of immunity erected by § 14 is nearly impregnable.' Patterson v. Gladwin Corp. , 835 So.2d 137 , 142 (Ala. 2002).

2018See Ex parte Turner , 840 So.2d 132 , 135 (Ala. 2002) (considering averments of fact in petition for a writ of mandamus as true in the absence of respondent's answer and brief). *280 "Section 14, Ala. Const. 1901, provides: '[T]he State of Alabama shall never be made a defendant in any court of law or equity.' (Emphasis added.) 'The wall of immunity erected by § 14 is nearly impregnable.' Patterson v. Gladwin Corp. , 835 So.2d 137 , 142 (Ala. 2002).

2018See Ex parte Turner , 840 So.2d 132 , 135 (Ala. 2002) (considering averments of fact in petition for a writ of mandamus as true in the absence of respondent's answer and brief). *280 "Section 14, Ala. Const. 1901, provides: '[T]he State of Alabama shall never be made a defendant in any court of law or equity.' (Emphasis added.) 'The wall of immunity erected by § 14 is nearly impregnable.' Patterson v. Gladwin Corp. , 835 So.2d 137 , 142 (Ala. 2002).

2015I, § 14, Alabama Constitution of 1901.' “The wall of immunity erected by § 14 is nearly impregnable., This immunity may not be waived.' ‘This means not only that the [Sjtate itself may not be sued, but that this cannot be indirectly accomplished by suing its officers or agents in their official capacity, wherí a result favorable to plaintiff would be directly to affect the financial status of the state treasury.’ ” Patterson v. Gladwin Corp., 835 So.2d 137, 142 (Ala. 2002) (quoting State Docks Comm’n v. Barnes, 225 Ala. 403, 405 , 143 So. 581, 582 (1932) (citations omitted)).

2015I, § 14, Alabama Constitution of 1901.' “The wall of immunity erected by § 14 is nearly impregnable., This immunity may not be waived.' ‘This means not only that the [Sjtate itself may not be sued, but that this cannot be indirectly accomplished by suing its officers or agents in their official capacity, wherí a result favorable to plaintiff would be directly to affect the financial status of the state treasury.’ ” Patterson v. Gladwin Corp., 835 So.2d 137, 142 (Ala. 2002) (quoting State Docks Comm’n v. Barnes, 225 Ala. 403, 405 , 143 So. 581, 582 (1932) (citations omitted)).

2017Calhoun Cmty. Coll. , 646 So.2d 1 , 2 (Ala. 1994). " ' "The wall of immunity erected by § 14 is nearly impregnable.

2017Calhoun Cmty. Coll. , 646 So.2d 1 , 2 (Ala. 1994). " ' "The wall of immunity erected by § 14 is nearly impregnable.

2015Article 1, § 14, of the Alabama Constitution, provides that “the State of Alabama shall never be made a defendant in any court of law or equity.” This Court has recognized: “ ‘The wall of immunity erected by § 14 is nearly impregnable,’ Patterson [v. Gladwin Corp., 835 So.2d 137, 142 (Ala. 2002),] and bars “(1) claims against the State, “(2) claims against a State agency, “(3) claims against a state official or employee sued in his official capacity as an agent for the State, and “(4) claims against a state official or employee sued in his individual capacity.” Ex parte Davis, 930 So.2d 497, 5

2008“Article I, § 14, Const. of Ala.1901, states that ‘the State of Alabama shall never be made a defendant in any court of law or equity.’ ‘The wall of immunity erected by § 14 is nearly impregnable.’ ” Ex parte Davis, 930 So.2d at 500 (quoting Patterson, 835 So.2d at 142 ).

2012Univ. v. Jones, 895 So.2d 867, 872 (Ala.2004) (quoting Patterson v. Gladwin Corp., 835 So.2d 137, 142 (Ala.2002)).

2007In Alabama Agricultural & Mechanical University v. Jones, 895 So.2d 867 (Ala.2004), this Court construed § 14, Ala. Const.1901, as follows: “Section 14 provides: ‘That the State of Alabama shall never be made a defendant in any court of law or equity.’ Speaking of § 14, this Court has said: “ ‘The wall of immunity erected by § 14 is nearly impregnable.... ’ “...

2005Notwithstanding this Court’s language in Patterson , “[sjection 14 does not necessarily immunize State officers and agents from individual civil liability.” Gill v. Sewell, 356 So.2d 1196, 1198 (Ala.1978).

2005Notwithstanding this Court's language in Patterson , "[s]ection 14 does not necessarily immunize State officers and agents from individual civil liability." Gill v. Sewell , 356 So.2d 1196 , 1198 (Ala. 1978).

2024The sovereign immunity established in § 14 extends to the arms and agencies of the state, see Ex parte Tuscaloosa Cnty., 796 So. 2d 1100, 1103 (Ala. 2000), and "affords the State and its agencies an 'absolute' immunity from suit in any court," Haley v. Barbour Cnty., 885 So. 2d 783, 788 (Ala. 2004) (citing Ex parte Mobile Cnty.

2024The sovereign immunity established in § 14 extends to the arms and agencies of the state, see Ex parte Tuscaloosa Cnty., 796 So. 2d 1100, 1103 (Ala. 2000), and "affords the State and its agencies an 'absolute' immunity from suit in any court," Haley v. Barbour Cnty., 885 So. 2d 783, 788 (Ala. 2004) (citing Ex parte Mobile Cnty.

2014See Ex parte Foundation Bank, supra. By his own admission, Judge Rag-land did not consider, much less decide, Wall’s claim, so any issues surrounding the validity of its claim remain extant.

2009This Court recently held in Alabama Department of *97 Transportation v. Harbert International, Inc., 990 So.2d 831, 841 (Ala.2008), that “only State officers named in their official capacity — and not State agencies — may be defendants in [declaratory-judgment] proceedings.” In Alabama Department of Corrections v. Montgomery County Commission, 11 So.3d 189, 191-92 (Ala.2008), this Court stated: “Section 14, Ala. Const. 1901, provides: ‘[T]he State of Alabama shall never be made a defendant in any court of law or equity.’ (Emphasis added.) ‘The wall of immunity erected by § 14 is nearly impregn