Leslie Rutledge v. Pratt Cates Remmel, Jr. Gale…

Summary

The court held that the Attorney General was protected by sovereign immunity from the taxpayers’ request for injunctive relief because the complaint did not plead facts showing an illegal, unconstitutional, or ultra vires act. It also held that statutory immunity barred the individual-capacity illegal-exaction claim because the complaint did not allege malicious conduct. The official-capacity illegal-exaction claim was not subject to the asserted immunities, but the court dismissed that portion of the interlocutory appeal for lack of appellate jurisdiction and remanded the surviving claim.