Ex Parte Robert Bentley, as Governor of the State of Alabama (in Re Hugh McInnish v. Governor Robert Bentley) Robert…

Summary

The court held that Alabama Constitution § 14 bars an award of attorney fees and costs payable from the state treasury when a plaintiff prevails against state officials in their official capacities, even if the underlying constitutional claim preserves substantial public funds. It therefore reversed the circuit court's fee award, while dismissing one related mandamus petition as moot. Justice Parker, concurring specially, agreed with the result but emphasized that state constitutional immunity cannot be abrogated by the Legislature, even for awards benefiting the public.