Legal Opinion

Sherrie Johnson v. Ryan Conner

Court of Appeals for the Eleventh Circuit

Decided June 13, 2014No. 12-15228PublishedCited by 10 opinions

1Opinion of the Court

HUCK, District Judge:

We are called upon to determine whether a recently amended Alabama statute granting sovereign immunity to jailers, which is silent on retroactivity, applies retroactively or only prospectively. Ala.Code § 14-6-1. 1 For the reasons discussed below, we find that the traditional presumption against retroactivity applies here. Therefore, the new grant of immunity does not shield the jailers, Appellants in this case, from liability for their alleged pre-amendment acts. Because we do not apply the statute retroactively, we do not reach the issue of whether the jailers would…

2Cases cited15 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. McMillian v. Monroe CountySupreme Court of the United States · 1997
  3. Hughes Aircraft Co. v. United States Ex Rel. SchumerSupreme Court of the United States · 1997
  4. Reed v. BrunsonSupreme Court of Alabama · 1988
  5. Ex Parte HaralsonSupreme Court of Alabama · 2003

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3Cited by10 opinions

  1. United States Ex Rel. Saldivar v. Fresenius Medical Care Holdings, Inc.Court of Appeals for the Eleventh Circuit · 2016
  2. Barbara Donald v. Tyler NorrisCourt of Appeals for the Eleventh Circuit · 2025
  3. Young v. MyhrerDistrict Court, N.D. Alabama · 2017
  4. Hobbs ex rel. Hobbs v. PowellDistrict Court, N.D. Alabama · 2015
  5. Allen v. Jacksonville UniversityDistrict Court, M.D. Florida · 2022

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