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Alabama Supreme Court to Resolve Law Granting Jailer Immunity

Alabama Supreme Court to Resolve Law Granting Jailer Immunity

The Eleventh Circuit Court of Appeals certified two questions to the Alabama Supreme Court to assist in the application of a state law that provides jailers the same immunity state executive officers enjoy.

The matter was before the court on interlocutory appeal after an Alabama Federal District court denied immunity to guards at the Barbour County Jail. At issue was a lawsuit filed by the estate of Alquwon Johnson, a mentally ill man who hanged himself in his jail cell on June 4, 2011.

Alabama law grants sovereign immunity to its state executive officers. It considers sheriffs and deputy sheriffs such officers. Effective June 14, 2011, Alabama law extended that immunity to sheriff jailers. However, the district court held that the amended law “do[es] not apply to conduct which occurred before [its] effective date.”

The Eleventh Circuit agreed, finding there is nothing in the amendment concerning retroactive application. Nonetheless, it certified the matter in question for the Alabama Supreme Court to resolve. It also certified the question of whether the amendment’s requirement that jailers act “in compliance with the law” in order to receive immunity is intended to encompass only violations of the criminal code or all violations of Alabama Law. See: Johnson v. Conner, 720 F.3d 1311 (11th Cir. Ala. 2013).

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Related legal case

Johnson v. Conner