Yellowhammer News previously reported that three northwest Alabama residents filed suit in May against several officials with the Alabama Department of Conservation and Natural Resources (DCNR), challenging the agency’s authority to enter private property without a warrant.

Killen residents Dalton Boley and Regina Williams, along with Muscle Shoals resident Dale Liles, filed the lawsuit on May 20 in Lauderdale County Circuit Court, with the assistance of the Institute for Justice. The plaintiffs claim DCNR game wardens repeatedly entered their land without consent, citing Alabama law that allows officers to “enter upon any land … in the performance of their duty.” They argue the statute violates the Alabama Constitution and seek nominal damages of $1 per alleged trespass. None of the plaintiffs has been charged with hunting violations.

RELATED: Northwest Alabama residents file lawsuit challenging warrantless snooping by game wardens

According to court documents cited by WHNT, attorneys for the DCNR officials filed a motion to dismiss the lawsuit on July 2, arguing the plaintiffs fail to state a claim for which relief can be granted. A hearing on the motion is set for August 27 in Lauderdale County Circuit Court.

In the official filing, DCNR’s attorneys argue that longstanding legal precedent — specifically the open-fields doctrine — allows game wardens to enter open land without violating constitutional protections against unreasonable searches. The motion also asserts that the officers are entitled to immunity under state law as peace officers acting within their official duties, and that the statute authorizes their actions. Because the plaintiffs have no reasonable expectation of privacy in open fields and the officers acted under clear legal authority, the defendants argue the lawsuit should be dismissed in its entirety.

You may read the full dismissal request here.

Sherri Blevins is a staff writer for Yellowhammer News. You may contact her at [email protected].