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Alex J. Esq.
Alex J. Esq., Attorney at Law
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Experience:  Experienced Licensed Attorney
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I need to file a complaint against an Alabama State Trooper

Customer Question

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:

http://www.cogtv.org/Legal/Complaint4UnlawfulTow.html

Regards -
Stephen
Submitted: 3 years ago.
Category: Legal
Expert:  Alex J. Esq. replied 3 years ago.
Hello. My name is Alex and I will be happy to answer your question.

Unfortunately legal experts on JustAnswer.com are prohibited from drafting or reviewing any type of legal documents for the customers.

Do you have any specific question or would like me to provide you with a link to attorney information/referral websites?
Customer: replied 3 years ago.
Alex -

Because of Alabama's strict sovereign immunity laws, can this State really NOT be sued in the US District Court. Are the loopholes in Alabama law for suing a Trooper in his individual capacity only and only in State Court, is that really the only way around Alabama's Constitution-created sovereign immunity. (See the controlling Ex Parte Cranman, No. 1971903, 2000 Ala. LEXIS 273 at *1 (Ala. June 16, 2000).)

Regards -
Stephen

If you know an Alabama attorney who will take my case pro bono for me that would be great. I'll cover the court fees up front and seek reimbursement from the court if we win.
Expert:  Alex J. Esq. replied 3 years ago.
The fact that the state trooper can only be sued in an individual capacity sounds correct.

As far as pro-bono attorney, unfortunately we are not allowed to make any direct referrals, but you can try contacting Alabama State Bar to see if they have a list of attorney who are willing to do pro-bono work. Here is the link:

www.alabar.org


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