The state can steal your property and refuse to return
it under immunity doctrines.

Significant Changes in Constitutional Law following the Civil War.

In 1865 the Alabama Constitution provided for personal remedies against the State when the State took unlawful action against one of its citizens.

Constitution of Alabama , 1965, Article I, § 16 provides "That no person shall be barred from prosecuting or defending before any tribunal in this state, by himself or counsel, any civil cause to which he is a party.

The history of "suits against the State" embodied in Section 14 bares some interesting points. The State Constitutional wording remained the same in 1868, shortly after the "War Between the States. Section 16 of the Alabama Constitution stated, "That suits may be brought against the State, in such manner, and in such courts as may be by law provided."

Three years after the War Between the States, the Alabama Constitution still provided, "That suits may be brought against the State, in such manner, and in such courts as may be by law provided." Constitution of Alabama, 1868, Article I, § 16.

Then in 1875 the State of Alabama SUED itself. The Attorney General of Alabama, in an ex parte "lawsuit against the state," illegally declared that the State could withdraw at pleasure any law that may provide for suits against the state.

"Section 16 of Article I of the Constitution of 1865 which declares that "suit may be brought against the State in such courts as may be by law provided," is not to be construed as imposing a duty upon the Legislature to pass laws authorizing such suits. Statutes permitting States to be sued are mere matters of grace, conferring favors, not rights, which it may withdraw at pleasure." Ex Parte State, 52 Ala. 231. (1875)

That same year, 1875, the illegal ex parte "lawsuit against the state" by the Alabama Attorney General mysteriously found its way into the Alabama Constitution as Article I, § 14, "That the State of Alabama shall never be made a defendant in any court of law or equity." Constitution of Alabama, 1875 Article I, § 14.

Nowhere in the history of Alabama can it be found that the people of Alabama ask for or voted on the drastic change to the Alabama Constitution. State officials, sworn to uphold an inviolate Constitution, arbitrarily changed the state constitution to conform to an evil and clandestine purpose.

The years following the War Between the States, including 1875, was a time when the Ku Klux Klan ruled the State of Alabama and was very prevalent in Alabama political and judicial circles. Section 14 is one of the many reasons the U.S. Congress passed the Civil Rights Act of 1871, codified today as 42 U.S.C. 1983.

The illegal changes to Alabama's Constitution, designed to stop slaves from recovering from the devastating effects of slavery, continue to plague Alabamians today. Alabama Assistant Attorney General James E. Long, one of many black lawyers for the State of Alabama, stands in an unique position. The Honorable Long, a black man, must defend the State of Alabama in an illegal and morally bankrupt position, supporting a "judicially made - constitutional amendment" designed to keep him and his people enslaved to the state forever.

Truly, the maxim, "The sins of the fathers will be visited upon the heads of their children for the third and fourth generation," is evident here. O Lord, How long will you allow evil men to rule over us?

Protecting yourself in the face of tremendous odds.

"Though the State cannot be sued, its immunity from suit does not relieve the officers of the State from their responsibility for an illegal trespass or tort on the rights of an individual, even though they act pursuant to authority attempted to be conferred by the State." Finnell, et al., v. Pitts, 222 Ala. 290; 132 So. 2.

Following the blantant disregard for human rights by most states, American Injustice would like to know of any citizen that has been successful in obtaining justice against any State. Email American Injustice

Actions not prohibited by this section.

Without professing to cover every situation that has arisen, there are four general categories of actions that do not come within the prohibition of this section:

(1) actions brought to compel state officials to perform their legal duties;
(2) actions brought to enjoin state officials from enforcing an unconstitutional law;
(3) actions to compel state officials to perform ministerial acts;
(4) actions brought under the Declaratory Judgments Act seeking construction of a statute and how it should be applied in a given situation. Aland v. Graham, 287 Ala. 226, 250 So2d 677 (1971); Boaz Nursing Home, Inc. v. Recovery Inns of America, Inc., 289 Ala. 144, 266 So2d 588 (1972).

A very short time later the lawyers and politician judges in the state legislature realized the enormous power in the illegal ex parte "lawsuit against the state" by the Attorney General and declared that any person or entity within the state could become immune from suit simply on the authority and word of the Attorney General.

Code of Alabama, 1901 § 36-15-19.
Written opinion; protection from liability.
Statute text

The written opinion of the attorney general, heretofore or hereafter secured by any officer, board, local governing body or agency legally entitled to secure such opinion, shall protect such officer and the members of such board, local governing body or agency to whom it is directed or for whom the same is secured from liability to either the state, county or other municipal subdivisions of the state because of any official act or acts heretofore or hereafter performed as directed or advised in such opinion.

The attorney general's immunity law was cited in Gray v. Main, 309 F. Supp. 207 (M.D. Ala. 1968) and Hunt v. Tucker, 875 F. Supp. 1487 (N.D. Ala. 1995).

The state can steal your property and refuse to return it under immunity doctrines.

Note the gradual immunization of all public officials - Who will be next?

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This document was last updated July 25, 1998
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