(a) When it appears that a covered entity has violated or is violating this act, 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 act. 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.

Terms Used In Alabama Code 22-19-204

  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Docket: A log containing brief entries of court proceedings.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(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 act 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, in its discretion, may allow the prevailing party a reasonable attorney fee as part of the costs of the proceeding.
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