Alabama Constitution Section 14 - State not to be made defendant.

Alabama Constitution – Section 14: State Not to Be Made Defendant

Section 14 of the Alabama Constitution states:

“That the State of Alabama shall never be made a defendant in any court of law or equity.”

Explanation:

This section establishes sovereign immunity for the State of Alabama. In simpler terms:

The state cannot be sued in its own courts or any other court without its consent.

It reflects a constitutional protection that prevents individuals or entities from bringing legal actions against the state itself.

This immunity is absolute, meaning not even the legislature can pass a law allowing the state to be sued unless the Constitution is amended.

Key Points:

Purpose: To protect the state's resources and decision-making from being hindered by lawsuits.

Exceptions: While the state cannot be sued directly, there are certain workarounds, such as:

Suing state officials in their official capacity (if they act illegally or unconstitutionally).

Claims against state agencies may sometimes proceed if not deemed a direct suit against the state.

 

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