Alabama § 22-19-204 Violations; Remedies

Alabama Statutes

§ 22-19-204 — Violations; Remedies

Alabama·Title 22 Health, Mental Health, and Environmental Control·Ch. 19 Dead Bodies·Art. 10 Exton’s Law

(a)When it appears that a covered entity has violated or is violating this article, the affected individual may commence a civil action, limited to injunctive and other equitable relief, against the covered entity for purposes of enforcing compliance with this article. The action shall be brought in the circuit court for the county in which the individual resides or was denied the organ transplant or referral.

(b)The court shall give priority on its docket and expedited review to an action brought under subsection (a) and may grant injunctive or other equitable relief only.

(c)Nothing in this article is intended to limit or replace available remedies under the Americans with Disabilities Act of 1990, as amended, or any other applicable law.

(d)In an action under this section, the court

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(a) When it appears that a covered entity has violated or is violating this article, the affected individual may commence a civil action, limited to injunctive and other equitable relief, against the covered entity for purposes of enforcing compliance with this article. The action shall be brought in the circuit court for the county in which the individual resides or was denied the organ transplant or referral.
(b) The court shall give priority on its docket and expedited review to an action brought under subsection (a) and may grant injunctive or other equitable relief only.
(c) Nothing in this article is intended to limit or replace available remedies under the Americans with Disabilities Act of 1990, as amended, or any other applicable law.
(d) In an action under this section, the court may allow the prevailing party a reasonable attorney fee as part of the costs of the proceeding.

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