AGO 1996-136.

Case DateFebruary 13, 1996
CourtAlabama
Alabama Attorney General Opinions 1996. AGO 1996-136. 1996-136February 13, 1996Honorable Thomas W. Hall Sheriff of Conecuh County P. O. Box 228 Evergreen, AL 36401 Sheriffs - Deputies - Employees, Employers, Employment - LiabilityThe applicability of certain appellate court rulings regarding the liability of the sheriff discussed.Dear Sheriff Hall: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION 1 Did the holding of Alabama Court of Civil Appeals in Whitten v. Lowe (Ala.Civ. App. December 15, 1995) apply statewide? FACTS, LAW, AND CONCLUSION You inquired about the decision of the Alabama Court of Civil Appeals in Whitten v. Lowe issued May 12, 1995. This decision was withdrawn by that court and a new decision was issued in the case by the Court of Civil Appeals on December 15, 1995. In Whitten v. Lowe (Ala.Civ.App. December 15, 1995), the Alabama Court of Civil Appeals concluded that the Sheriff of Marshall County, as an executive officer of the State, and his deputies, as employees in the service of the State, are not subject to the provisions of Act No. 82-206 which provided for the Personnel Board of Marshall County. The specific determination reached in Whitten v. Lowe, supra, applies to the parties involved, but the principles of law discussed therein are applicable to sheriffs and deputies in the state in like circumstances. QUESTION 2 Does the ruling of Alabama Supreme Court in King v. Colbert County, 620 So.2d 623 (Ala. 1993) that the sheriff is not an employee of the county for the purpose of imposing liability on the county apply to jailers and extend statewide? FACTS AND ANALYSIS In King v. Colbert County, supra, the Supreme Court of Alabama ruled that the Sheriff of Colbert County was immune from suit based on a state law claim arising from injury to a prisoner, since the suit did not come under any of the statutory exceptions to the sheriff's immunity. As to whether the court's ruling extends statewide, the specific determination reached therein applies to the affected parties. The general principles of law regarding the sheriff, as a constitutionally established executive officer of the state, and not an employee of the county for purpose of imposing liability on the county, would be applicable to all sheriffs in the state. The question of...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT