power to waive immunity (Alabama) · Go Syfert
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power to waive immunity in Alabama

5 Alabama opinions name it 1 courts 1941–2007 0 in the last five years

The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Alabama State Docks Terminal Ry. v. Lylesgreen
ala · 2001 · cited in 1 Alabama opinions naming this issue, 2007–2007
2 sentences

2007"The long-standing legal principle of state sovereign immunity is written into Alabama's Constitution. `Article I, § 14, Alabama Constitution of 1901, provides that "the State of Alabama shall never be made a defendant in any court of law or equity." Under this provision, the State and its agencies have absolute immunity from suit in any court.' Neither the State nor the [State agency] has the power to waive that immunity. . . . " Alabama State Docks Terminal Ry. v. Lyles, 797 So.2d 432, 434-35 (Ala.2001) (citations omitted).

2007"The longstanding legal principle of state sovereign immunity is written into Alabama's Constitution. `Article I , § 14 , Alabama Constitution of 1901, provides that "the State of Alabama shall never be made a defendant in any court of law or equity." Under this provision, the State and its agencies have absolute immunity from suit in any court.' Neither the State nor the [State agency] has the power to waive that immunity. . . ." Alabama State Docks Terminal Ry. v. Lyles , 797 So.2d 432 , 434-35 (Ala. 2001) (citations omitted).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Hutchinson v. Board of Trustees of University of Alabama green
ala · 1971
2 sentences

2003This Court has recognized the `"almost invincible" "wall" of the state's immunity, as established "by the people through their Constitution."' Jones v. Alabama State Docks , 443 So.2d [902] at 905 [(Ala. 1983)], quoting Hutchinson v. Board of Trustees of University of Alabama , 288 Ala. 20 , 24 , 256 So.2d 281 , 284 (1971).

2003This Court has recognized the `"almost invincible" "wall" of the state's immunity, as established "by the people through their Constitution."' Jones v. Alabama State Docks , 443 So.2d [902] at 905 [(Ala. 1983)], quoting Hutchinson v. Board of Trustees of University of Alabama , 288 Ala. 20 , 24 , 256 So.2d 281 , 284 (1971).

32001–2003
Dunn Const. Co. v. State Board of Adjustment green
ala · 1937
2 sentences

2003Neither the State nor the Alabama State Port Authority has the power to waive that immunity: *Page 1027 "`"It is familiar law in this state that § 14 `wholly withdraws from the Legislature, or any other state authority, the power to give consent to a suit against the state.' Dunn Construction Co. v. State Board of Adjustment , 234 Ala. 372 , 376 , 175 So. 383 , 386 (1937).

2003Neither the State nor the Alabama State Port Authority has the power to waive that immunity: *Page 1027 "`"It is familiar law in this state that § 14 `wholly withdraws from the Legislature, or any other state authority, the power to give consent to a suit against the state.' Dunn Construction Co. v. State Board of Adjustment , 234 Ala. 372 , 376 , 175 So. 383 , 386 (1937).

32001–2003
Ex Parte Cranman green
ala · 2000
2 sentences

2007Actions against individuals acting as State agents implicate the protection of § 13, Ala. Const 1901. [2] See Ex parte Cranman, 792 So.2d at 401 : *1109 "In applying the doctrine of separation of powers, we must recognize § 14 as an expression of a strong public policy against the intrusion of the judiciary into the management of the State while, at the same time, acknowledging that it speaks only to a prohibition of lawsuits against the State and does not mention lawsuits against individuals.

2007Actions against individuals acting as State agents implicate the protection of § 13 , Ala. Const 1901. 2 See Ex parte Cranman , 792 So.2d at 401 : *Page 1109 "In applying the doctrine of separation of powers, we must recognize § 14 as an expression of a strong public policy against the intrusion of the judiciary into the management of the State while, at the same time, acknowledging that it speaks only to a prohibition of lawsuits against the State and does not mention lawsuits against individuals.

12007–2007
Austin v. the Aldermen green
scotus · 1869
2 sentences

1941But, as was said in the case of Austin v. Boston, 7 Wall. 694, 699 , 19 L.Ed. 224 , “The waiver must be clear, and every well-grounded doubt upon the subject should be resolved in favor of the exemption.” See, also, Farmers’ & Mechanics’ Sav.

1941But, as was said in the case of Austin v. Boston, 7 Wall. 694, 699 , 19 L.Ed. 224 , “The waiver must be clear, and every well-grounded doubt upon the subject should be resolved in favor of the exemption.” See, also, Farmers’ & Mechanics’ Sav.

11941–1941

Where else courts name it

AL 5 (1941–2007) IN 5 (1912–2012) OK 5 (2006–2014) NY 4 (1868–2002) CA 4 (1985–2011) AZ 2 (1965–1966) CO 2 (1994–2013) TX 2 (2014–2016) DC 2 (1980–1980) PA 2 (1994–2015) OR 2 (1929–1929) MN 2 (1938–1987) FL 2 (2018–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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