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EMPLOYEES OF MONTGOMERY COUNTY v. MARSHALL

1011694.

893 So.2d 326 (2004)

EMPLOYEES OF THE MONTGOMERY COUNTY SHERIFF'S DEPARTMENT et al. v. Sheriff D.T. MARSHALL.

Supreme Court of Alabama.

May 14, 2004.

Attorney(s) appearing for the Case

Ernestine S. Sapp and Fred D. Gray of Gray, Langford, Sapp, McGowan, Gray & Nathanson, Tuskegee; and Robert T. Wilson, Jr., of Wilson & Wilson, Jasper, for appellants.

Thomas T. Gallion III and Constance C. Walker of Haskell, Slaughter, Young & Gallion, L.L.C., Montgomery; and Tyrone C. Means and Pamela Robinson Higgins of Thomas, Means, Gillis & Seay, P.C., Montgomery, for appellee.

Robert D. Timmons, executive dir., Alabama Sheriff's Ass'n, Montgomery, for amicus curiae Alabama Sheriff's Association, in support of the appellee.

JOHNSTONE, Justice.

The plaintiffs, who are jailers or supervisors at the Montgomery County Detention Facility ("the jail"), appeal a summary judgment for the defendant Sheriff D.T. Marshall, the sheriff of Montgomery County ("the sheriff"). We affirm the summary judgment in part and dismiss the appeal in part.

Procedural Facts

Before bringing the present lawsuit, the plaintiffs sued the sheriff and the Montgomery County Commission ("the Commission...

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