Supreme Court of Alabama

Redtop Market, Inc., and River Road Auto Repair, by and Through Its Owner, Rickey Bolton v. State of Alabama ex Rel…

December 30, 20102010 Ala. LEXIS 246

Summary

The Alabama Supreme Court held that the circuit court lacked subject‑matter jurisdiction to issue an injunction restraining criminal law enforcement because the plaintiff did not challenge the validity of the statute, and therefore vacated the trial court’s order, dismissed the action, and dismissed the appeal. The Court relied on its recent decision in Tyson v. Macon County Greyhound Park, Inc. to apply the general rule prohibiting civil courts from interfering with criminal prosecutions. Justice Murdock filed a special concurrence, questioning the scope of the Tyson exception but ultimately agreeing with the majority’s result.