Alabama Supreme Court Rules that State is Immune from Award of Attorneys Fees

The Alabama Supreme Court held that Section 14 of the Alabama Constitution prohibited a trial court from awarding a successful plaintiff attorneys fees and court costs against the State. In this case the plaintiff, a private citizen, had successfully challenged the actions of the Governor and the State Treasurer on a claim that they had violated the Alabama Constitution. The Court’s decision affirmed that the Alabama Constitution provides the State of Alabama with almost absolute immunity from the recovery of damages from the State Treasury.

Bentley v. McInnish, Appeal No. 1110325, Released 8/24/2012