Government Liability and Civil Rights

Claims Against Government Entities in Alabama

Alabama law makes it unusually difficult to bring personal injury claims against government entities, with broad constitutional immunity, strict notice rules, and low damages caps that apply no matter how serious the injury.

Extreme Protection for Government

• The Alabama Constitution flatly declares that "the State of Alabama shall never be made a defendant in any court of law or equity," giving the State and its agencies near-absolute immunity from suit.
• State universities and other higher-education institutions are treated as arms of the State, and Alabama appellate decisions emphasize that they share this constitutional immunity from money-damage claims, subject only to narrow, judge-made exceptions such as certain prospective or equitable relief.

Constitutional and Case Law Framework

• Article I, Section 14 of the Alabama Constitution is the core source of this immunity, and Alabama courts describe it as a jurisdictional bar that cannot be waived by statute.
• Alabama appellate decisions in the education context reinforce that boards and institutions of higher education remain shielded by Section 14, which prevents most suits seeking money damages even when serious harm is alleged.

Harsh Damages Caps

• For cities, counties, and other local governmental entities, Alabama caps personal-injury damages at $100,000 per person and $300,000 total per occurrence, regardless of how catastrophic the losses or how many people are injured.
• These caps apply to judgments and settlements alike, meaning a severely injured person cannot recover more than $100,000 from a covered governmental entity even in life-changing cases.

Very Short Notice Deadlines

• Before you can even file suit against a municipality for a tort claim, Alabama Code Section 11-47-23 requires that a written notice of claim be presented to the city within just six months of when the injury occurs.
• Missing this six-month deadline can completely bar any recovery against the city, no matter how strong the case, which makes early legal advice critical after an injury involving a city, town, or other local government.

If you have an injury claim against the government, delay can lead to dismay. Don't let your rights go away—be #Askin4Baskin today.