District court denials of state sovereign immunity under Alabama law are immediately appealable to this Court. Tinney v. Shores, 77 F.3d 378, 382 (11th Cir. 1996). We review de novo the district court's denial of a motion to dismiss based on sovereign immunity. Id. at 383. If the complaint contains a claim that is facially subject to an affirmative defense, that claim may be dismissed under Rule 12(b)(6). Cottone v. Jenne, 326 F.3d 1352, 1357 (11th Cir. 2003); Marsh v. Butler County, 268 F.3d 1014, 1022 (11th Cir. 2001) (en banc).
SOVEREIGN IMMUNITY
STANDARD OF REVIEW = DE NOVO
Please get the justice you deserve.
Sincerely,
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