WOODS v. GAMEL

No. 96-7171.

132 F.3d 1417 (1998)

Robert Eugene WOODS, acting on his behalf and on behalf of others similarly situated, James Michael O'Brien, acting on his behalf and on behalf of others similarly situated, Plaintiffs-Appellees, v. Ben GAMEL, in his individual capacity and in his official capacity as the prior Sheriff of Marshall County, et al., Defendants-cross-claimants, Neal Fossett, in his individual capacity and in his official capacity as Marshall County Commissioner, Grady Burt, in his individual capacity and in his official capacity as Marshall County Commissioner, Larry Flack, in his individual capacity and in his official capacity as Marshall County Commissioner, Dwight Kelly, in his individual capacity and in his official capacity as Marshall County Commissioner, Elton Sims, in his individual capacity and in his official capacity as Marshall County Commissioner, Defendants-cross-claimants-Appellants, Alabama Department of Corrections, Thomas Herring, Commissioner, Defendants-Cross-defendants.

United States Court of Appeals, Eleventh Circuit.

January 14, 1998.


Attorney(s) appearing for the Case

George W. Royer, Jr., John Jeffery Rich, Sirote & Permutt, P.C., Huntsville, AL, for Defendants-cross-claimants-Appellants.

James W. Webb, Webb & Eley, Montgomery, AL, for amicus curiae, ACCA-Association of County Commissions of Alabama.

M. Kathryn Knight, Mobile, AL, for amicus curiae, Baldwin Co. Commission.

Nicholas B. Roth, Decatur, AL, for amicus curiae, Franklin Co. Commission.

C. Winston Sheehan, Jr., Montgomery, AL, for amicus curiae, Barbour Co. Commission.

Robert E. Parsons, Dorothy Powell, Mark Lee, Parsons, Lee & Juliano, P.C., Birmingham, AL, for amicus curiae, Fayette County Commission.

Wendy Brooks Crew, Baddley & Crew, P.C., Birmingham, AL, for Plaintiffs-Appellees.

Before EDMONDSON and HULL, Circuit Judges, and CLARK, Senior Circuit Judge.


EDMONDSON, Circuit Judge:

Defendants appeal the denial of a motion to dismiss based upon immunity.1 We conclude that defendants are entitled to absolute legislative immunity. We reverse and remand for further proceedings.

Background

Plaintiffs instituted an action under 42 U.S.C. § 1983 against the commissioners of Marshall County, Alabama, in their individual and official capacities. This appeal pertains...

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