Legal Opinion · Concurrence
Alabama State University v. Danley
Supreme Court of Alabama
Decided April 8, 2016No. 1140907 and 1141241Published
1ConcurrenceMurdock, Justice
(concurring specially in case no. 1140907 and concurring in the result in case no. 1141241).
I concur specially in ease no. 1140907. As to the cross-appeal, case no. 1141241,1 concur in the result.
Case No. 1U0907
Section 14 of the Alabama Constitution of 1901 says that “the State of Alabama shall never be made a defendant in any court of law or equity.” Art. I, § 14, Ala. Const.1901. As a result, the courts of this State have no authority to consider any claim that names the “the State of Alabama” per se as the defendant. Further, we quite naturally treat the naming of an organizational unit of…
2Cases cited14 opinions
- McKinney v. PateCourt of Appeals for the Eleventh Circuit · 1994
- Alabama Dept. of Transp. v. Harbert Intern., Inc.Supreme Court of Alabama · 2008
- Ex Parte Alabama Dept. of Transp.Supreme Court of Alabama · 2007
- Teplick v. MoultonSupreme Court of Alabama · 2013
- Odessa L. Reeves, Cross-Appellee v. Claiborne County Board of Education, and John C. Noble Cross-AppellantCourt of Appeals for the Fifth Circuit · 1987
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