Email Insight: AG takes control of Jim Zeigler’s official claim against prison plan, moves to dismiss it

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Jim Zeigler2

Saying he has exclusive control over litigation by state officials, the Alabama Attorney General Steve Marshall has taken control of the official claim by State Auditor Jim Zeigler challenging Gov. Kay Ivey’s prison lease plan.  The AG then immediately moved to dismiss the Auditor’s claim.

The action does not appear to affect the claims by three other plaintiffs and Zeigler’s claim as a taxpayer seeking to block the prison plan.

A hearing will be set on the AG’s actions as well on Motions to Dismiss filed for Gov. Ivey and all defendants.

The filing by the AG states:

“Plaintiff Jim Zeigler has no legal authority to initiate a lawsuit in his official capacity as State Auditor either of his own accord or through private counsel. Litigation concerning the interest of the State is under the exclusive direction and control of the Alabama Attorney General and the assistant and deputy attorneys general acting under his authority. Zeigler’s lawsuit is not in the best interests of the State. Therefore, the Attorney General exercises his constitutional, statutory, and common law right to assume control of Zeigler’s official-capacity claims and hereby gives notice of voluntary dismissal of all official capacity claims with prejudice pursuant to Alabama Rule of Civil Procedure 41(a)(1).”

Zeigler says he will oppose the motion to dismiss his official claim and, regardless of the ruling, continue the case as a taxpayer.

Zeigler and three other plaintiffs allege that the prison plan is illegal because it has not been approved by the legislature, as required by law.

The Ivey plan contracts private parties to build three mega-prisons in Escambia, Elmore, and Bibb Counties.  The state would lease the prisons for $94 million to $108 million rent per year.  At the end of the 30-year lease period, the state would not own any equity in the prisons, which would still be owned by the private contractors.

Zeigler says the plan is “a 30-year mistake.”   

“Alabama taxpayers would pay close to $4 billion rent and have nothing to show for it,” Zeigler said.