State Dept. of Human Resources v. Kelly

I concur with the majority that the action here was not barred by the doctrine of sovereign immunity; however, I respectfully dissent to that portion of the opinion regarding the issue of contempt.

An order of civil contempt seeks to compel obedience and is coercive in nature, while a criminal contempt order imposes punishment for disobedience. State v. Thomas, 550 So.2d 1067 (Ala. 1989); Kalupa v. Kalupa, 527 So.2d 1313 (Ala.Civ.App. 1988). Further, in civil contempt, one must be given an opportunity to bring oneself into compliance. Newman v.Graddick, 740 F.2d 1513 (11th Cir. 1984). "The…