Supreme Court of Alabama

Patricia Working v. Jefferson County Election Commission

December 6, 20132013 Ala. LEXIS 171

Summary

The court held that sovereign immunity could not be waived and that the Jefferson County Election Commission and the named officials were immune from liability for attorney fees arising from the plaintiffs’ state-law claims. Because the trial court did not address the plaintiffs’ federal-law claims, the court affirmed in part and remanded for that issue to be resolved under the mediation statute. Justice Murdock, joined by Justice Wise, concurred in part and dissented in part, arguing that the court should have resolved the federal-law immunity issue and ordered mediation immediately.