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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 , 1865, 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 blatant 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.
Legislator's Immunity - 1951
Judge's Immunity - 1967
Prosecutor's Immunity - 1976
President's Immunity - 1982
Social worker's Immunity - 1994
Note the gradual immunization of all public officials - Who will be next?
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