MONTGOMERY, AL (WSFA) - The Alabama Supreme Court could determine the fate of a civil lawsuit filed against former Gov. Robert Bentley.
Bentley's legal team petitioned the Alabama Supreme Court for a Writ of Mandamus regarding the remaining counts in a lawsuit filed against Bentley by former ALEA Secretary Spencer Collier.
Collier alleges in the lawsuit that Bentley acted outside the scope of his authority in the events leading up to and following his termination as ALEA secretary.
Immunity is gr anted to elected officials and constitutional officers regarding civil lawsuits and money claims related to actions taken while serving in an official capacity.
Recently, Judge Greg Griffin dropped two employment claims against Bentley from the lawsuit, stating Bentley was gr anted absolute immunity, leaving seven other tort claims in place including three counts of invasion of privacy, three counts of defamation and one count of conspiracy.
This order prompted Bentley's lawyers to petition the Alabama Supreme Court for immunity on those counts.
Griffin stated in the order, "With respect to Collier's tort claims against Governor Robert Bentley, the Supreme Court has made clear that a constitutional officer can be held individually liable in tort for conduct outside 'the course and scope of the officer's employment.'"
Griffin went on to state that after parties have had the opportunity to conduct discovery, Bentley's attorneys can seek summary judgment on the ground that Bentley is entitled to immunity on these seven claims.
Simultaneously, Bentley's legal team also filed a motion requesting Griffin to stay all depositions until the Supreme Court rules on the writ of mandamus.
No word if the court has requested Collier or other parties to respond to this petition.