Alabama Supreme Court Dismisses Prisoner’s Money Order Processing Fee Suit
Alabama Supreme Court Dismisses Prisoner’s Money Order Processing Fee Suit
The Supreme Court of Alabama restyled then dismissed the pro se appeal of the circuit court’s dismissal of prisoner Victor J. Russo’s action against the Alabama Department of Corrections (ADOC) for assessing a $1.00 processing fee for money orders deposited in his account. Russo contended that ADOC did not have the legislative authority to assess fees against him.
The Supreme Court noted that Russo styled his complaint in circuit court as a petition of certiorari, but in substance, it was actually a direct original action against an agency or the State, seeking declaratory and injunctive relief. But, because the Alabama constitution “affords the State and its agencies an ‘absolute’ immunity from suit in any court,” and the ADOC is an arm of the State, the ADOC is protected by this immunity. The Court noted that exceptions to this “absolute” immunity must involve named defendants, which Russo neglected to do in his cause of action. Further, because the initial complaint purported a constitutional violation, the trial court did not have subject matter jurisdiction over the claim. Without subject matter jurisdiction, any judgment entered by the trial court is then void, and any void judgment cannot support an appeal.
Filed at the same time before the Supreme Court was a document styled by Russo as a “Petition or Motion for a Rule Nisi to Appear and Show Cause and Order for Contempt and Request to Stay Proceeding.” The court construed the document to be a petition for a writ of mandamus asking the court to direct the warden and an officer of the St. Clair Correctional Facility to return missing legal materials. The Court stated that it lacked jurisdiction to do so because Russo filed no motion in circuit court on which the Supreme Court could rule. Subsequently, Russo’s appeal and petition were dismissed. See: Russo v. Alabama DOC, Case No. 1120559 (AL S. Ct., Feb. 21, 2014).
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Related legal case
Russo v. Alabama DOC
| Year | 2014 |
|---|---|
| Cite | Case No. 1120559 (AL S. Ct., Feb. 21, 2014) |
| Level | State Supreme Court |