Collier's attorney: Gov. Bentley's 'Sovereign immunity' does not - WSFA.com Montgomery Alabama news.

Collier's attorney: Gov. Bentley's 'Sovereign immunity' does not apply

MONTGOMERY, AL (WSFA) -

Former Alabama Law Enforcement Agency Secretary Spencer Collier’s wrongful termination case against his former boss, Gov. Robert Bentley, faces the possibility of dismissal because of 'Sovereign immunity'.

Gov. Bentley has moved to dismiss the wrongful termination case brought against him, as well as legal discovery, using the part of the law which protects the state and state officials from being sued.

However, according to Collier's attorney, Kenneth Mendelsohn, Sovereign immunity does not apply in this case because they are suing Robert Bentley, not in his capacity as a governor, but as a person. It is a small - but distinctive - part of the case.

“His actions here were to hurt Spencer Collier,” Mendelsohn said of Bentley, who terminated Collier on March 22 while the ALEA Secretary was on forced medical leave. Bentley terminated Collier after claiming a review found a number of issues, including a possible misuse of state funds.

Collier and Mendelsohn claim the real reason for the termination is payback for Collier refusing to lie about an investigation centered on then-House Speaker Mike Hubbard, who was later convicted of felony ethics violations and removed from office.

"He [Bentley] made that decision based off his own personal beliefs, not for the good of the state, not for the state of Alabama…not for the people of Alabama. He was making these decisions because he was mad at Spencer Collier,” Mendelsohn stated.

Mendelsohn argues that making it personal eliminates the protection of Sovereign immunity, though the governor’s office disagrees.

In a statement released Friday, the governor's office said:

“The entire reason the Constitution creates Sovereign immunity is to prevent people from using lawsuits to distract elected officials from their duties. Consistent with what the Constitution says, the Governor's focus is on serving the people of Alabama, not on responding to discovery requests in meritless lawsuits.”

Copyright 2016 WSFA 12 News. All rights reserved.

  • NewsMore>>

  • Trump, GOP to huddle as outrage builds over border policy

    Trump, GOP to huddle as outrage builds over border policy

    Tuesday, June 19 2018 1:10 AM EDT2018-06-19 05:10:31 GMT
    Tuesday, June 19 2018 2:50 AM EDT2018-06-19 06:50:48 GMT
    (AP Photo/J. Scott Applewhite). The Capitol is seen in Washington, Friday, June 15, 2018. Calls are mounting on Capitol Hill for the Trump administration to end the separation of families at the southern border ahead of a visit from President Donald Tr...(AP Photo/J. Scott Applewhite). The Capitol is seen in Washington, Friday, June 15, 2018. Calls are mounting on Capitol Hill for the Trump administration to end the separation of families at the southern border ahead of a visit from President Donald Tr...

    Calls are mounting for President Trump to end family separations at the border ahead of a meeting with House Republicans.

    More >>

    Calls are mounting for President Trump to end family separations at the border ahead of a meeting with House Republicans.

    More >>
  • Director: FBI won't repeat mistakes noted in watchdog report

    Director: FBI won't repeat mistakes noted in watchdog report

    Monday, June 18 2018 2:40 PM EDT2018-06-18 18:40:23 GMT
    Tuesday, June 19 2018 2:45 AM EDT2018-06-19 06:45:19 GMT
    (AP Photo/J. Scott Applewhite). Justice Department Inspector General Michael Horowitz, left, and FBI Director Christopher Wray wait to testify as the Senate Judiciary Committee examines the internal report of the FBI's Clinton email probe and the role ...(AP Photo/J. Scott Applewhite). Justice Department Inspector General Michael Horowitz, left, and FBI Director Christopher Wray wait to testify as the Senate Judiciary Committee examines the internal report of the FBI's Clinton email probe and the role ...
    The Republican chairman of the Senate Judiciary Committee says the Justice Department has a "serious credibility problem.".More >>
    The Republican chairman of the Senate Judiciary Committee says the Justice Department has a "serious credibility problem.".More >>
  • Compulsive video-game playing could be mental health problem

    Compulsive video-game playing could be mental health problem

    Monday, June 18 2018 5:20 AM EDT2018-06-18 09:20:00 GMT
    Tuesday, June 19 2018 2:44 AM EDT2018-06-19 06:44:09 GMT
    In its latest revision to an international disease classification manual, the U.N. health agency said Monday that classifying "Gaming Disorder" as a separate condition will 'serve a public health purpose for countries.' (Source: Pixabay)In its latest revision to an international disease classification manual, the U.N. health agency said Monday that classifying "Gaming Disorder" as a separate condition will 'serve a public health purpose for countries.' (Source: Pixabay)

    The World Health Organization says that compulsively playing video games now qualifies as a new mental health condition, in a move that some critics warn may risk stigmatizing its young players.

    More >>

    The World Health Organization says that compulsively playing video games now qualifies as a new mental health condition, in a move that some critics warn may risk stigmatizing its young players.

    More >>
Powered by Frankly