I need to file a complaint against an Alabama State Trooper to compel compliance with the State Code regarding when it's lawful for a peace officer to call for the tow of an unattended vehicle.
I have prepared a draft complaint -- taking in consideration Alabama's very strict sovereign immunity laws (that go back to Alabama's original Constitution
) -- and taking into consideration the applicable holdings in Ex Parte Cranman, No.(NNN) NNN-NNNN 2000 Ala. LEXIS 273 at *1 (Ala. June 16, 2000) and other case holding loopholes for suing a State in Alabama. (Alabama bars itself from being sued in Federal Court
period. M.D.Ala. 2003. Ala.Const. Art. 1, § 14 - Golthy v. Alabama, 287 F.Supp.2d 1259, affirmed 104 Fed.Appx. 153.) I followed the Complaint filed in Alabama last month by Atty Warren's in his suit against State Trooper Moss who plowed into the back of the Gossett Family car at 120 mph while they were stopped to make a legal left turn and, needless to say, mom and dad were killed. They were on the way to pick up their two young daughters from school. My case is different but I used that case as a model and changed the circumstances to fit.
My draft is in a pdf file that can be viewed or downloaded from the following web page. I will appreciate feedback from those with expertise on suing Alabama (and I'll be happy to have an attorney sub in for me and take the award of attorney's fees if you can help me win. I only want my car released from tow without charge to me. I will cover all the filing fees with reimbursement at end of case if we win. Or at least advise me on how you think I did with the draft Complaint. Welcome Sam, Tina, others ???). The Complaint is in a PDF file at: